section 18
Rights of certain tenants to purchase land
The Punjab Security of Land Tenures Act, 1953General195345 sections
Statutory text
- (1) Notwithstanding anything to the contrary contained in any law, usage or contract, a tenant of a landowner other than a small landowner—
- (i) who has been in continuous occupation of the land comprised in his tenancy for [a minimum period of six years], or
- (ii) who has been restored to his tenancy under the provisions of this Act and whose periods of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his tenancy together *[amounts to six years or more], or
- (iii) who was ejected from his tenancy after the 14th day of August, 1947, and before the commencement of this Act, and who was in continuous occupation of the land comprised in his tenancy for a period *[of six years or more immediately before his ejectment], shall be entitled to purchase from the landowner the land so held by him but not included in the reserved area of the landowner, in the case of a tenant falling within clause (i) or clause (ii) at any time, and in the case of a tenant falling within clause (iii) within a period of one year from the date of commencement of this Act: Provided that no tenant referred to in this sub-section shall be entitled to exercise any such right in respect of the land or any portion thereof if he had sublet the land or the portion, as the case may be, to any other person during any period of his continuous occupation, unless during that period the tenant was suffering from a legal disability or physical infirmity, or, if a woman, was a widow or was unmarried: Provided further that if the land intended to be purchased is held by another tenant who is entitled to pre-empt the sale under the next preceding section, and who is not accepted by the purchasing tenant, the tenant in actual occupation shall have the right to pre-empt the sale.
- (2) A tenant desiring to purchase land under sub-section (1) shall make an application in writing to the Assistant Collector of First Grade having jurisdiction over the land concerned, *[* *] and the Assistant Collector, after giving notice to the landowner and to all other persons interested in the land and after making such enquiry as he thinks fit, shall *[determine] the value of the land as shall be the average of the prices obtaining in the locality during 10 years immediately preceding the date on which the application is made: Provided that the purchase price shall be three-fourths of such average price.
- (a) The tenant shall be competent to pay the purchase price either in a lump sum or in six monthly instalments not exceeding ten in the manner prescribed.
- (b) On the purchase price or the first instalment thereof, as the case may be, being deposited, the tenant shall be deemed to have become the owner of the land and the Assistant Collector shall, where the tenant is not in possession, and subject to the provisions of the Punjab Tenancy Act (XVI of 1887) put him in possession.
- (c) If a default is committed in the payment of any of the instalments, the entire outstanding balance shall on application by the person entitled to receive it, be recoverable as arrears of land revenue].
- (5) If the land is subject to a mortgage at the time of the purchase, the land shall pass to the tenant unencumbered by the mortgage, but the mortgage debt shall be a charge on the purchase money.
- (6) If there is no such charge as aforesaid the Assistant Collector shall, subject to any directions which he may receive from any court, pay the purchase money to the landowner.
- (7) If there is such a charge, the Assistant Collector shall, subject as aforesaid, apply in the discharge of the mortgage debt so much of the purchase money as is required for that purpose and pay the balance, if any, to the landowner, or retain the purchase money pending the decision of a civil court as to the person or persons entitled thereto.
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