Land Laws Project
Land Laws Project
Land Laws Project
LAW OF RENT
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ACKNOWLEDGEMENT
I take this opportunity to express my humble gratitude and personal regards to Ms Mallika
Chaddha for giving me this project work on the topic LAW OF RENT. I'd also like to
extend my warm regards to my friends who have helped me a lot with this project. I would
also like to thank the ARMY INSTITUE OF LAW for giving me this opportunity to explore
and learn more about such an intriguing topic.
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Contents
ACKNOWLEDGEMENT.........................................................................................................2
INTRODUCTION......................................................................................................................4
IMPORTANT DEFINITIONS...................................................................................................4
RENT GENERALLY............................................................................................................5
PRODUCE RENT..................................................................................................................7
CASH RENT........................................................................................................................10
REMISSION........................................................................................................................14
BIBLIOGRAPHY....................................................................................................................18
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INTRODUCTION
The first Punjab Tenancy Act was enacted in the year 1868, which remained in force till
1887. In the year 1887, the present Punjab Tenancy Act came into force. This Act is to
regulate the relationship between the landlord and the tenant.
The Punjab Tenancy Act 1887 is now applicable in the State of Punjab, though also adopted
by the State of Haryana.
The main object of the Punjab Tenancy Act is that it provides speedy remedy with regard to
disputes between the landlord and tenants and also under what circumstances their
relationship comes to an end.1
IMPORTANT DEFINITIONS
Section 4(1) - “land” means land which is not occupied as the site of any building in
a town or village and is occupied or has been let for agricultural purposes or for
purposes subservient to agriculture, or for pasture, and includes the sites of buildings
and other structures on such land.
Section 4(3) - “rent” means whatever is payable to a landlord in money, kind or
service by a tenant on account of the use or occupation of land held by him.
Section 4(5) - “tenant” means a person who holds land under another person, and is,
or but for a special contract would be, liable to pay rent for that land to that other
person; but it does not include -
(a) An inferior landowner; or
(b) A mortgagee of the rights of a landowner, or
(c) A person to whom a holding has been transferred, or an estate or holding has been
let in farm, under the Punjab Land Revenue Act, 1887, for the recovery of an arrears
of land revenue or of a sum recoverable as such arrears; or
(d) A person who takes from the Government a lease of unoccupied land for the
purpose of subletting it.
Section 4(6) - “landlord” means a person under whom a tenant holds land, and to
whom the tenant is, or but for a special contract would be, liable to pay rent for that
land.
1
Bhag Singh v. Jawahar Sigh, AIR 1965 Pb. 321
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Section 4(8) - “tenancy” means a parcel of land held by a tenant of a landlord under
one lease or one set of conditions.
Section 4(10) - “land revenue” means land revenue assessed under any law for the
time being in force or assessable under the Punjab Land Revenue Act, 1887, and
includes -
(a) Any rate imposed in respect of the increased value of land due to irrigation, and
(b) Any sum payable in respect of land, by way of quit-rent or of commutation for
service, to the Government or to a person to whom the Government has assigned the
right to receive the payment.
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(1) Where rent is taken by any of the following methods, namely -
(a) by division of appraisement of the produce,
(b) by rates fixed with reference to the nature of the crops grown;
(c) by a rate on recognized measure of area;
(d) by a rent in gross on the tenancy; 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 be not be commuted in whole or in part into another without the
consent of both landlord and tenant.
(2) In the absence of a contract or a decree of order of compete authority to the contrary, a
tenant whose rent is taken by any of the methods specified in clauses (a), (b) and of sub-
section (1) or by the methods 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.
According to Section 13, if the rent is taken in any of the following manner, then such an
arrangement can be changed only with the consent of the landlord and the tenant only.
In Chanan Singh v. Mohinder Singh2, it was held that the revenue authorities have no
business to direct the change of rent entry without there being an agreement between the
parties. The mode of payment cannot be changed from cash to kind by the revenue
authorities.
Section 14 provides that any person, who is in possession of land occupied without the
consent of the landlord, such a person shall be liable to pay for the use and occupation of land
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1967 LLT 91
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at the rate of rent payable in the preceding agricultural year or if the rent is not payable in that
year, then at such rate as the Court may determine to be fair and equitable.
In Jai Singh v. Smt. Reshma3, it was held that where no relationship of owner and tenant
exists, then petitioner (tenant) is not liable to pay mesne profits.
In Gurbachan Singh v. Gurdarshan Singh4, it was held that payment of rent to one
landlord is to be taken as payment to all landlords in terms of Section 15.
In Chuni v. Sawant Kaur5, it was held that the onus to prove non-payment of rent is upon
the landlord.
PRODUCE RENT
SECTION 16 – PRESUMPTION WITH RESPECT TO PRODUCE REMOVED
BEFORE DIVISION OR APPRAISEMENT
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 the fullest crop of the same description on similar
lands in the neighborhood for that harvest.
Section 16 comes into operation only if it is proved that tenant acted dishonestly in order to
prevent due division or appraisement of produce.
It provides that where rent is to be paid by division or appraisement of the produce, if the
tenant removes any portion of the produce to prevent the due division or appraisement or
deals with it contrary to the usage, then, the produce om these circumstances may be deemed
to have been the fullest crop of the same description on similar land in the neighborhood for
harvest.
3
2002(2) PLJ 206; 2003(1) RCR (Civil) 25
4
1986 PLJ 297
5
1997(1) RCR (Civil) 719
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SECTION 17 – APPOINTMENT OF REFREE FOR DIVISION OR
APPRAISEMENT
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.
In case the landlord refuses to divide the produce with tenant, Section 17 comes into play. It
provides that in the circumstances i.e.
1) If either the tenant or landlord neglects to attend for making the division or appraisement
of produce;
2) If there is a dispute about the division or appraisement.
The 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.
In Shri Raja Durga Singh of Solan v. Thoulu and others6, it was held that regarding
dispute between landlord and tenant, jurisdiction of Civil Court is barred.
6
1962 PLJ 88; 1963 AIR (SC) 361
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(4) For the purpose of making the division or appraisement the referee, with his assessors, if
any building in which the produce is.
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Punjab State Acts
CASH RENT
SECTION 22 – ENHANCEMENT OF CASH-RENT OF OCCUPANCY
TENANTS
(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 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 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.
If the tenant pays his rent on a cash rate, the rent may be enhanced on the condition that the
produce has increased yield.
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(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, 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 situated has been generally reassessed and the
revenue payable in respect of that land has been increased.
(3) Subject to the provision 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.
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ADJUSTMENT OF RENT EXPRESSED IN TERMS OF LAND REVENUE
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(b) be entitled to an abatement of rent in respect of any deficiency proved to exist in
the area of his tenancy as compared with the 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 tenants’ 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 addition 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 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.
The tenant shall be liable to pay additional rent for the land proved to be in excess of the area
rented to him unless it is proved that the additional land previously belonged to him and was
lost by diluvion. The tenant shall also have the right of abatement of rent in case of any
deficiency unless the deficiency is due to the loss of land which was added by alluvion.
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 tenants’ 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 in
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.
The court shall add or abate the rent to an amount it feels fair and equitable and shall specify
the date from which the decree will come into force.
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REMISSION
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If the court orders for the attachment of produce of tenancy, the landlord may apply to the
Revenue officer by whom the attachment is to be made and pay him, out of proceeds of the
sale of the value -
(a) any rent due in respect of tenancy of the previous year
(b) The rent which will fall due after harvesting the produce.
The Revenue officer shall give the tenant an opportunity to show cause as to why the
application of the landlord should not be granted. If he finds the landlord’s claim to be
whole, he shall sell the produce and apply the proceeds to satisfy the claims.
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f. Has sublet part of the tenancy; he will be ejected only from such part of the land.
g. Refuses to execute a Qabuliyat or a Patta in respect of his tenancy on being called upon to
do so by the Assistance Collector. Qabuliyat and Patta were introduced during the reign of
Shershah Suri as systems of land deeds. Qabuliyat is an agreement made regarding the land
deed between the government and the peasant whereas Patta is a record maintained about
the area sown, types of crops and revenue share.
Section 9A- No tenant liable to ejectment shall be disposed of his tenancy unless he is
accommodated on surplus area in accordance with section 10A.
Provided that the tenant of a small landowner shall be allowed to retain possession of his
tenancy to the extent of five standard acres until he is accommodated on surplus area.
If the tenant is also the owner, he will not be entitled to the benefits of this section.
Section 10A- The State Government is competent to utilize any surplus area for the
resettlement of tenants ejected of reserved area or of small landowner. Such utilization of
surplus area shall not affect the right of landowner to receive rent from the tenant.
Section 10B- Saving by inheritance not to apply after utilization of surplus area.
If succession has opened up after surplus area being utilized under section 10A, the saving
specified by heir shall not apply in respect of the area utilized.
Section 13- Assessment of charges for service or facilities provided by the land owner.
If the charges payable for services or facilities provided by the land owner have not been
specified in the agreement, the Assistant Collector 1st Grade shall have jurisdiction to do so.
This shall be done on the following basis-
a. The direct advantage gained by the land by these services.
b. The condition of the services and the duration of their effect
c. The labor and capital used for these services.
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Section 14- Duty of land owner to furnish receipt for rent from tenant.
Every landowner shall give a valid receipt to the tenant in the form prescribed for the rent
received. Failure to do so shall be punishable with a fine up to Rs 100.
Section 14A- To eject a tenant, the landowner has to give an application to the Assistant
Collector First Grade and the procedure of ejectment shall apply.
To recover arrears of rent from a tenant, the landowner has to give an application to the
Assistant Collector First Grade who will send a notice to the tenant to deposit the rent. If
after a summary trail the Assistant Collector finds that the tenant has not paid, he will eject
the tenant.
If the landlord refuses to accept rent from the tenant or demands more rent or refuses to give
a receipt, the tenant may write to the Assistant Collector Second Grade.
The Assistant Collector shall then send a notice to the landlord to accept the rent or give the
receipt within 60 days of the receipt of the notice.
BIBLIOGRAPHY
http://revenueharyana.gov.in/Portals/0/pb_tenancy_act1887.pdf
http://revenueharyana.gov.in/-The-Punjab-Tenancy-Act-1887e
https://archive.org/stream/1887PN16/1887PN16_djvu.txt
https://indiacode.nic.in/bitstream/123456789/9246/1/act_1887%28ar%29_1.pdf
http://www.lawsofindia.org/pdf/haryana/1887/1887HR16.pdf
http://plrs.org.in/pdfs/Punjab%20Tenancy%20Act.pdf
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Khurana’s A Treatise on Land Laws in Punjab and Haryana 5th Edition.
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