Chapter III CHAPTER III

(1) The rent for the time being payable in respect of a tenancy shall be the first charge on the produce thereof. (2) A tenant shall be entitled to tend, cut and harvest the produce of his tenancy in due course of husbandry without any interference on the part of his landlord. (3) Except where rent is taken by division of the produce, the tenant shall be entitled to the exclusive possession of the produce. (4) Where rent is taken by division of the produce.— (a) the tenanat shall be entitled to the exclusive possession of the whole produce until it is divided: (b) the landlord shall be entitled to be present at, and take part in, the division of the produce; and (c) when the produce has been divided, the landlord shall be entitled to the possession or his share thereof.

(1) Where rent is taken by any of the following methods, namely:— (a) by division or appraisement of the produce, (b) by rates fixed with reference to the nature of the crops grown, (c) by a rate on a recognized measure of area, (d) by a rent in gross on the tenency, or (e) partly by one of the methods specified in clauses (a), (b) and (c) of this sub-section and partly by another or others of them, One of those methods shall not be commuted in whole or in part into another without the consent of both landlord and tenant. In the absence of a contract or a decree or order of competent authority to the contrary, a tenant whose rent is taken by any of the methods specified in clauses (a), (b) and (c) of sub-section (1), or by the method specified in clause (d) of that sub-section, shall not be liable to pay for a tenancy rent at any higher rate, or of a higher amount, as the case may be, than the rate or amount payable in respect of the tenancy for the preceding agricultural year.

Any person in possession of land occupied without the consent of the landlord shall be liable to pay for the use or occupation of that land at the rate of rent payable in the preceding agricultural year, or, if rent was not payable in that year, at such rate as the Court may determine to be fair and equitable. (3) The sum or sums determined under the foregoing sub-sections, together with any addition previously payable other than the additions referred to in sub-section (2), shall be the rent payable in respect of the tenancy until there is again an alterations of the land-revenue thereof or of the rates and cesses chargeable thereon or until the rent is enhanced by a suit under this Act. (4) An alteration of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this Act.

When two or more persons are landlord of a tenant in respect of the same tenancy, the tenant shall not be bound to pay part of the rent of his tenancy to one of those persons and part to another

Where rent is taken by division or appraisement of the produce, if the tenant removes any portion of the produce at such a time or in such a manner as to prevent the due division or appraisement thereof ,or deals therewith in a manners contrary to established usage the produce may be deemed to have been as full as the fullest crop of the same description on similar lands in the neighborhood for that harvest.

If either the landlord or the tenant neglects to attend, either personally or by agent, at the proper time for making the division or appraisement of the produce, or if there is a dispute about the division or appraisement, a Revenue-officer may, on the application of either party, appoint such person as he thinks fit to be a referee to divide or appraise the produce.

(1) When a Revenue-officer appoints referee under the last forgoing section, he may, in his discretion, give him instructions with respect to the association with himself of any other persons as assessors, the number, qualification and selection of those assessor, and the procedure to be followed in making the division or appraisement. (2) The referee so appointed shall make the division or appraisement in accordance with any instructions which he may have received from the Revenue-officer under the last foregoing sub-section. (3) Before making the division or appraisement the referee shall give notice to the landlord and the tenant of the time and place at which the division or appraisement will be made, but, of either the landlord or the tenant fails to attend either personally or by agent, the referee may proceed exparte. (4) For the purpose of making the division or appraisement, the referee, with his assessors, if any, may enter upon any land on which or into any building in which the produce is.

(1) The result of the division or appraisement shall be recorded and signed by the referee, and the record shall be submitted to the Revenue-officer. (2) The Revenue-officer shall consider the record, and, after such further inquiry, if any, as he may deem necessary, shall make an order either confirming or varying the division or appraisement. (3) The Revenue-officer shall also make such order as to the costs of the reference as he thinks fit. (4) The costs may include the remuneration of the referee and of the assessors, if any, and may be levied from the applicant before the appointment of the referee subject to adjustment at the close of the proceedings.

Where the rent of a tenant having a right of occupancy in any land is a share of the produce, or of the appraised value thereof, with or without an addition in money, or is paid according to rates fixed with reference to the nature of the crops grown, or is a rent in gross payable in kind, the tenant shall be entitled to occupy the land at that rent : Provided that, when the land or any part thereof previously not irrigated or flooded becomes irrigated or flooded, the rent payable in respect of the land or part may, subject to the provisions of this Act, be enhanced to the share or rates, or with reference to the rent in gross, as the case may be, paid by tenants, having a similar right of occupancy, for irrigated or flooded land of a similar description and with similar advantages.

When the land, or any part of the land, held by a tenant having a right of occupancy to whom the last foregoing section applies ceases to be irrigated or flooded, the rent payable in respect of the land or part may be reduced to the share or rates, or with reference to the rent in gross, as the case may be, paid by tenants, having a similar right of occupancy for unirrigated or unflooded land of a similar description and with similar advantages.

(1) Where a tenant having a right of occupancy pays his rent entirely by a cash-rate on a recognized measure of area or by a cash-rent in gross on his tenancy, the rent may be enhanced on the ground that, after deduction therefrom of the land revenue of, and the rates and cesses chargeable on, the tenancy, it is— (a) if the tenant belongs to the class specified in clause (a) of sub-section (1) of section 5, less than two annas per rupee of the amount of the land-revenue; (b) if he belongs to any of the classes specified in clauses (b) , (c) and (d) of that sub-section less than six annas per rupee of the amount of the land-revenue ; (c) if he belongs to the class specified in section 6, or if his right of occupancy is established under section 8 and his rent is not regulated by contract, less than twelve annas per rupee of the amount of the land-revenue. (2) In a case to which sub-section (1) applies, the rent may be enhanced to an amount not exceeding two, six or twelve annas per rupee of the amount of the land-revenue as the case may be, in addition to the amount of the land-revenue of the tenancy and the rates and cessers chargeable thereon.

The rent payable buy a tenant to whom the last foregoing section applies may be reduced on the ground that the productive powers of his tenancy have been decreased by a cause beyond his control.

(1) A Revenue Court, on the suit of either landlord or tenant, may, subject to the provisions of this and other sections of this Act, enhance or reduce the rent of any tenant having a right of occupancy. (2) Where a decree for the enhancement of the rent of such a tenant has been passed under the Punjab Tenancy Act, 1868, (XXVIII of 1868) a suit for a further enhancement of his rent shall not lie till the expiration of five years from the date of the decree, unless in the meantime the local area in which the land comprised in the decree is situate has been generally reassessed and the revenue payable in respect of that land has been increased. (3) Subject to the provisions of sub-section (2), a suit instituted for the enhancement of the rent of a tenant having a right of occupancy shall not be entertained in either of the following cases, namely:— (a) if within the ten years next preceding its institution his rent has been commuted under section 13 or enhanced under this section, (b) if within that period a decree has been passed under this Act dismissing on the merits a suit for the enhancement of his rent, unless the land or some part of the land comprised in his tenancy, not having been irrigated or flooded at the time of such commutation, enhancement or decree, has become irrigated or flooded.

In enhancing or reducing the rent of any land under the foregoing provisions of this chapter, the Court shall within the limits prescribed by those provisions, enhance or reduce the rent to such an amount as it considers fair and equitable, but shall not in any case fix the rent at a sum less than the amount of the land-revenue of the land and the rates and cesses chargeable thereon.

(1) Unless the Court decreeing an enhancement of rent otherwise directs, the enhancement shall take effect from the commencement of the agricultural year next following the date of the decree. (2) A Court decreeing a reduction of rent shall specify in the decree the date on from which the reduction is to take effect.

(1) Where the rent of a tenancy is the whole or a share of the land-revenue thereof, with or without an addition in money, kind or service, and the land-revenue of the holding in which the tenancy is situate is altered, a Revenue-officer having authority under section 56 of the Punjab Land-revenue Act, 1887 (XVII of 1887), to determine the land-revenue payable in respect of the several holdings comprised in the estate in which the tenancy is situate shall determine also the amount of the land-revenue of the tenancy, or the proportionate share thereof, payable by the tenant as rent. (2) Where an addition referred to in sub-section (1) is a percentage fixed with reference to the land-revenue of the tenancy, or the whole or a share of the rates and cesses chargeable thereon, or both, the Revenue-officer shall in like manner from time to time alter the amount of the addition in proportion to any alteration of such land-revenue or rates and cesses.

28. Alteration of rent on alteration of area.—(1) Every tenant shall— (a) be liable to pay additional rent for all land proved to be in excess of the area for which rent has been preciously paid by him, unless it is proved that the excess is due to the addition to his tenancy of land which, having previously belonged to the tenancy, was lost by alluvion or otherwise without any reduction of the rent being made; and (b) be entitled to and abatement of rent in respect of any deficiency proved to exist in the area of his tenancy as compared with the area for which rent has been previously paid by him, unless it is proved that the deficiency is due to the loss of land which was added to the area of the tenancy by alluvion or otherwise, and that an addition has not been made to the rent in respect of the addition to the area. (2) In determining the area for which rent has been previously paid, the Court shall have regard to the following, among other matters, namely:— (a) the origin and conditions of the tenant’s occupancy, for instance whether the rent was a rent in gross for the entire tenancy; (b) whether the tenant has been allowed to hold additional land in consideration of and addition to his total rent or otherwise with the knowledge and consent of the landlord; and (c) the length of time during which there has been no dispute as to rent or area. (3) In adding to or abating rent under this section, the Court shall add to or abate the rent to such an amount as it deems to be fair and equitable, and shall specify in its decree the date on and from which the addition or abatement is to take effect. (4) An addition to or abatement of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this Act.

29. Remission of rent by Courts decreeing arrears.—Notwithstanding anything in the foregoing sections of this Chapter, if it appears to a Court making a decree for and arrear of rent that the area of a tenancy has been so diminished by diluvion or otherwise, or that the produce thereof has been so diminished by drought, hail, deposit of sand or other like calamity, that the full amount of rent payable by the tenant cannot be equitably decreed, the Court may, with the previous sanction of the Collector, allow such remission from the rent payable by the tenant as may appear to it to be just.

30. Remission and suspension of rent consequent on like treatment of land revenue.—(1) Wherever from any cause the payment of the whole or any part of the land-revenue payable in respect of any land is remitted or suspended, a Revenue-officer may, by order, remit or suspend, as the case may be, the payment of the rent of that land to an amount which may bear the same proportion to the whole of the rent payable in respect of the land as the land-revenue of which the payment has been remitted or suspended bears to the whole of the land-revenue in respect of the land. (2) An order passed under sub-section (1) shall not be liable to be contested by suit in any Court. (3) A suit shall not lie for the recovery of any rent of which the payment has been remitted, or, during the period of suspension, of any rent of which the payment has been suspended. (4) Where the payment of rent has been suspended, the period during which the suspension has continued shall be excluded in the computation of the period of limitation prescribed for a suit for the recovery of the rent. (5) If the landlord collects any rent of which the payment has been remitted, or before the expiration of the period of suspension collects any rent of which the payment has been suspended, the whole of the land-revenue remitted or suspended in his favour shall become immediately payable by him. (6) The provisions of this section relating to the remission and suspension of the payment of rent may be applied, so far as they can be made applicable, to land if which the land-revenue has been released, compounded for or redeemed, in any case in which, if the land-revenue in respect of the land had not been released, compounded for or redeemed, the whole or any part of it might, in the opinion or the Revenue-officer, be remitted or suspended under the rules for the time being in force for regulating the remission and suspension of land-revenue. (2) A Commissioner or Collector may call for the record of any case pending before or disposed of by, any Revenue-officer or Revenue Court under his control. (3) If in any case in which a Commissioner or Collector has called for a record he is of opinion that the proceedings taken or the order or decree made should be modified or reversed he shall submit the record with his opinion on the case for the orders of the Financial Commissioner. (4) If, after examining a record called for by himself under sub-section (1) or submitted to him under sub-section (3), the Financial Commissioner is of opinion that it is inexpedient to interfere with the proceedings or the order or decree, he shall pass an order accordingly. (5) If, after examining the record the Financial Commissioner is of opinion that it is expedient to interfere with the proceedings or the order or decree on any ground on which the Chief Court in the exercise of its revisional jurisdiction may under the law fir the time being in force interfere with the proceedings or an order or decree of a Civil Court, he shall fix a day for hearing the case, and may, on that or any subsequent day to which he may adjourn the hearing on which he may appoint in this behalf, pass such order as he thinks fit in the case. (6) Except when the Financial Commissioner fixes under sub-section (5) a day for hearing the case, no party has any right to be heard before the Financial Commissioner when exercising his powers under this section.

31. Power to deposit rent in certain cases with Revenue-officer.—In either of the following cases, namely:— (a) when a landlord refuses to receive, or grant a receipt for, any rent payable in money when tendered to him by a tenant, (b) when a tenant is in doubt as to the person entitled to receive rent payable in money, the tenant may apply to a Revenue-officer for leave to deposit the rent in his office, and the Revenue-officer shall receive the deposit if, after examining the applicant, he is satisfied that there is sufficient ground for the application and if the applicant pays the fee, if any, chargeable for the issue of the notice next hereinafter referred to.

32. Effect of depositing rent.—(1) When a deposit has been so received, it shall be deemed to be a payment made by the tenant to his landlord in respect of rent due. (2) The Revenue-officer receiving the deposit shall give notice of the receipt thereof to every person who he has reason to believe claims or is entitled to the deposit, and may pay the amount thereof to any person appearing to him to be entitled thereto, or may, if he thinks fit, retain the deposit pending the decision of a competent Court as to the person so entitled. (3) No suit or other proceeding shall be instituted against the Secretary of State of India in Council, or against any officer of the Government, in respect of anything done by a Revenue-officer under this section, but noting in this sub-section shall prevent any person entitled to receive the amount of any such deposit from recovering it from a person to whom it has been paid by a Revenue-officer.

33. Recovery of Rent from attached produce.—(1) If an order is made by any Court for the attachment of the produce of a tenancy or of any part of a tenancy, the landlord may apply to the Revenue-officer by whom the attachment is to be or has been made to sell the produce and pay to him out of the proceeds of the sale thereof the amount or value of — (a) any rent which has fallen due to him in respect of the tenancy within the year immediately preceding the application and (b) the rent which will be falling due after the harvesting of the produce and is chargeable against it. (2) The Revenue-officer shall give the person at whose instance the attachment was made an opportunity of showing cause why the application of the landlord should not be granted, and, if he finds the landlord’s claim to the whole or any part of the rent to be proved, he shall cause the produce or such portion thereof as he may deem necessary to be sold, and shall apply the proceeds of the sale in the first instance to satisfy the claim. (3) The finding of the Revenue-officer under sub-section (2) shall have the force of a decree in a suit between the landlord and the tenant. Where such a payment is made the Court shall forthwith cause notice of the payment to be served on the third person. Unless the third person within three months from the receipt of the notice institutes a suit against the plaintiff and therein obtains and order restraining payment of the money it shall be paid to the plaintiff on his application to the Court therefor. Nothing in this section shall affect the right of any person to recover from the plaintiff money paid to him under sub-section (3). When a defendant pays money into Court under this section, the Court shall give the defendant a receipt, and the receipt so given shall operate as, an acquittance in the same manner and to the same extent as if it had been given by the plaintiff or the third person, as the case may be.

34. Treatment of leases for period exceeding or equal to term of assessment of land-revenue.—(1) Where a lease has been granted, or an agreement has been entered into, by a landowner in respect of any land assessed to land-revenue, fixing for a period exceeding the term for which the land-revenue has been assessed the rent or other sum payable in respect of the land under the lease or agreement, and that term has expired, the lease or agreement shall be voidable— (a) at the option of the landowner if the land-revenue of the land has been enhanced and the person to whom the lease has been granted or with whom the agreement has been entered into refuses to pay such rent or other sum as a Revenue Court, on the suit of the landowner, determines to be fair and equitable; and where the relation of landlord and tenant exists between the grantor and grantee of the lease or between the persons who entered into the agreement— (b) at the option of the tenant if the land-revenue of the land has been reduced and the landlord refuses to accept such rent as a Revenue Court, on the suit of the tenant, determines to be fair and equitable. (2) Any agreement relative to the occupation, rent, profits or produce of any land which has been entered into for the term of the currency of an assessment shall, unless a contrary intention clearly appears in the agreement or the agreement is terminated by consent of parties or course of law, continue in force until a revised assessment takes effect.

35. Relinquishment by tenant for a fixed term.—A tenant holding for a fixed term under a contract or a decree or order of competent authority may relinquish his tenancy without notice at the end of that term.

(1) Any other tenant may relinquish his tenancy by giving verbally or in writing to his landlord, or to his landlord’s agent, on or before the fifteenth day of January in any year, notice of his intention to relinquish the tenancy at the end of the agricultural year then current. (2) The tenant may, instead of, or in addition to giving the notice in the manner mentioned in sub-section (1), apply to a Revenue-officer on or before the date aforesaid to cause the notice to be served on the landlord, and the Revenue-officer, on receiving the cost of service from the tenant, shall cause the notice to be served as soon as may be. (3) If the tenant does not give notice in the manner prescribed in this section, he shall be liable to pay the rent of his tenancy for any part of the ensuing agricultural year during which the tenancy is not let by the landlord to some other person or is not cultivated by the landlord himself.

A tenant cannot, without the consent of his landlord, relinquish a part only of his tenancy.

If a tenant having a right of occupancy fails for more than one year without sufficient cause to cultivate his tenancy, either by himself or some other person, and to arrange for payment of the rent thereof as it falls due, the right of occupancy shall be extinguished from the end of that year.

A tenant having a right of occupancy shall be liable to be ejected from his tenancy on any of the following grounds, namely:— (a) that he has used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he held it; (b) where rent is payable in kind, that he has without sufficient cause failed to cultivate that land in the manner or to the extent customary in the locality in which the land is situate; (c) that a decree for an arrear of rent in respect of the tenancy has been passed him and remains unsatisfied.

A tenant not having a right of occupancy by holding for a fixed term under a contract or a decree or order of competent authority, shall be liable to be ejected from his tenancy at the expiration of that term, and, on any of the following grounds, before the expiration thereof, namely:— (a) that he has used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he held it ; (b) where rent is payable in kind, that he has without sufficient cause failed to cultivate that land in the manner or to the extent customary in the locality in which the land is situate; (c) on any ground which would justify ejectment under the contract, decree or order.

A tenant who has not a right of occupancy, and does not hold for a fixed term under a contract or a decree or order of competent authority, may be ejected at the end of any agricultural year.

A tenant shall not be ejected otherwise than in execution of a decree for ejectment except in the following cases, namely:— (a) when a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied; (b) when the tenant has not a right of occupancy and does not hold for a fixed term under a contract or a decree or order of competent authority.

In any such case as is mentioned in clause (a) or clause (b) of the last foregoing section, the landlord may apply to a Revenue-officer for the ejectment of the tenant in the case mentioned in the former clause or for the service on the tenant of a notice of ejectment in the case mentioned in the latter clause.

(1) On receiving the application in any such case as is mentioned in clause (a) of section 42 the Revenue-officer shall, after such inquiry with respect to the existence of the arrear as he deems necessary, cause a notice to be served on the tenant, stating the date of the decree and the amount due there under, and informing his that if he does not pay that amount to the Revenue-officer within fifteen days from receipt of the notice he will be ejected from the land. (2) If the amount is not so paid, the Revenue-officer shall, subject to the provisions of this Act with respect to the payment of compensation, order the ejectment of the tenant unless good cause is shown to the contrary.

(1) On receiving the application of the landlord in any such case as is mentioned in clause (b) of section 42, the Revenue-officer shall, if the application is in order and not open to objection on the face of it, cause a notice of ejectment to be served on the tenant. (2) A notice under sub-section (1) shall not be served after the fifteenth day of November in any year. (3) The notice shall specify the name of the landlord on whose application it is issued, and describe the land to which it relates, and shall inform the tenant that he must vacate the land before the first day of May next following, or that, if he intends to contest his liability to ejectment, be must institute a suit for that purpose in a Revenue Court within two months from the date of the service of the notice. (4) The notice shall also inform the tenant that if he does not intend to contest his liability to be ejected and he has any claim for compensation on ejectment he should, within two months from the date of the, service of the notice, prefer his claim to the Revenue-officer having authority under the next following sub-section to order his ejectment in the circumstances described in that sub-section. (5) If within two months from the date of the service of the notice the tenant does not institute a suit to contest his liability to be ejected, a Revenue-officer, on the application of the landlord, shall, subject to the provisions of this Act with respect to the payment of compensation, order the ejectment of the tenant: Provided that the Revenue-officer shall not make the order until he is satisfied that the notice was duly served on the tenant. (6) If within those two months the tenant institutes a suit to contest his liability to be ejected and fails in the suit, the Court by which the suit is determined shall by its decree direct the ejectment of the tenant.

The Financial Commissioner may make rules prescribing— (a) the form and language of applications and notices under the two last foregoing sections ; and (b) the manner in which those applications and notices are to be signed and attested.