The Punjab Tenancy Act, 1887
Chapter VIII EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND AGREEMENTS.
Chapter VIII EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND AGREEMENTS.
109. Nullity of certain entries in records-of-rights
An entry in any record-of-rights providing.— (a) that a landlord may prevent a tenant from making, or eject him for making, such improvements on his tenancy as he is entitled to make under this Act, or (b) that a tenant ejected form his tenancy shall not be entitled to compensation for improvements or for disturbance in any case in which he would under this Act be entitled to compensation therefor, or (c) that a landlord may eject a tenant otherwise than in accordance with the provisions of this Act, shall be void to that extent.
Chapter VIII EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND AGREEMENTS.
110. Nullity of certain agreements contrary to the Act
(1) Nothing in any agreement made between a landlord and a tenant after the passing of this Act shall.— (a) override any of the provisions of this Act with respect to the acquisition of a right of occupancy, or the reduction, remission or suspension of rent, or the enhancement of the rent of a tenant having a right of occupancy under section 5 or section 6, or (b) take away or limit the right of a tenant as determined by this Act to make improvements and claim compensation therefor, or, where compensation for disturbance can be claimed under this Act, to claim such compensation, or (c) entitle a landlord to eject a tenant otherwise than in accordance with the provisions of this Act. (2) Nothing in clause (a) of sub-section (1) shall apply to an agreement by which a tenant binds himself to pay an enhanced rent in consideration of an improvement which has been, or is to be, made in respect of his tenancy by, or at expense of, his landlord, and to the benefit of which the tenant is not otherwise entitled.
Chapter VIII EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND AGREEMENTS.
111. Saving of other agreements when in writing
Save as expressly provided in this Act, nothing in this Act shall affect the operation of any agreement between a landlord and a tenant, when the agreement either is in writing or has been recorded in a record-of-rights before the passing of the Punjab Land-Revenue Act, 1887, (XVII of 1887) or been entered by order of a Revenue-officer in a record-of-rights or annual record under the provisions of that Act.
Chapter VIII EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND AGREEMENTS.
112. Effect of certain entries made in records-of-rights before November 1871
An entry made with respect to any of the following matters before the eighteenth day of November, 1871 and attested by the proper officer, in the record of a regular settlement sanctioned by the local Government, namely : (a) the enhancement or abatement of the rent of a tenant having a right of occupancy, or the commutation of rent in kind into rent in money or of rent in money into rent in kind, or the taking of rent in kind by division or appraisement of the produce or other procedure of a like nature, or (b) the letting or under-letting of land in which there is a right of occupancy by the tenant having that right, or the alienation of or succession to land in which such a right subsists; shall be deemed to be an agreement within the meaning of the last foregoing section.
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