Section: 4. Definitions.

 – In this Act, unless there is anything repugnant in the subject or context,–
(1) “AGRICULTURAL YEAR” means the year commencing on the first day of July, or on such other date as
the Board of Revenue, with the previous approval of Government, may by  notification, appoint for any
specified area;
(2) “ARREARS of land-revenue” means land-revenue which remains unpaid after the date on which it
becomes payable;
(3) “ASSESSMENT CIRCLE” means a group of estates which in the opinion of the Board of Revenue, to be
recorded in an order in writing, are sufficiently homogeneous to admit of a  common set of rates being
used as a general guide in calculating the land-revenue to be assessed upon them;
(4) “BOARD OF REVENUE” means the Board of Revenue established under the [Punjab] Board of
Revenue Act, 1957 (West Pakistan Act XI of 1957);
(5) “BOUNDARY MARK” means any erection, whether of earth, stone, or other  material, any hedge,
unploughed ridge, or strip of ground, or other object or mark, whether natural or artificial, set up,
employed or specified by a Revenue Officer having authority in that behalf in order to designate the
boundary of any division of land;
(6) “COMMENCEMENT” shall mean the day on which this Act or any provision thereof, as the case may
be, comes into operation;
(7) “DEFAULTER” means a person liable for an arrear of land-revenue, and includes a person who is
responsible as surety for payment of the arrear;
(8) “ENCUMBRANCE” means a charge upon or claim against land arising out of a private grant or
contract;
(9) “ESTATE” means any area–
(i) for which a separate record-of-rights has been made; or
(ii) which has been separately assessed to land-revenue; or
(iii) which the Board of Revenue may, by general rule or special order, declare to be an estate;
(10) “HOLDING” means a share or portion of an estate held by one land-owner or jointly by two or more
land-owners;
[(10-A) “IRRIGATED LAND” means land irrigated by a canal, tubewell, well, lift, spring, tank or by any
other artificial means of irrigation];
(11) “KANUNGO” shall be deemed to include a supervising  Tapedar;
(12) “LAND-LORD” 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, and shall include a lessee of such person,
and the predecessors and successors-in-interest of such person;
(13) “LAND-OWNER” includes a person to whom a holding has been transferred, or an estate or holding
has been let in farm, under this Act, for the recovery of an  arrear of land-revenue or of a sum
recoverable as such an arrear and any other person who is in possession of an estate or any share or
portion thereof, or in the enjoyment of any part of the profits of an estate, but does not include a
tenant;
(14) “LAND-REVENUE” means land-revenue assessed or assessable under this Act, or under any other
law for the time being in force relating to land-revenue, and includes any  rates imposed on account of
increase in the value of land due to irrigation.
(15) “LEGAL PRACTITIONER” means any legal practitioner within the meaning of the Legal Practitioners
Act, 1879 (Act XVIII of 1879), except a Mukhtar;
(16) “NET ASSETS” of an estate or group of estates means the estimated average annual surplus produce
of such estate or group of estates remaining after deduction of the ordinary expenses of cultivation as
ascertained or estimated.
Explanation– Ordinary expenses of cultivation include payments, if any, which the land-owner
customarily bears, whether in kind or in cash, and in whole or in part whether in respect of–
(a) water rates,
(b) maintenance of means of irrigation,
(c) maintenance of embankments,
(d) supply of seed,
(e) supply of manure,
(f) improved implements of husbandry,
(g) concessions with regard to fodder,
(h) special abatements made for fallow or bad harvest,
(i) cost of collection of rent,
(j) allowance for shortage in collection of rent,
(k) interest charges payable in respect of advances made in cash, free of interest, to tenants for the
purpose of cultivation,
(l) wages or customary dues paid to village auxiliaries whose products or labour are utilized for the
purposes of cultivation and harvesting;
and the share that would be retainable by a tenant if the land were let to a tenant paying rent, whether
in cash or in kind, at the normal rate actually prevalent in the estate or group of estates;
(17) “PATWARI” shall be deemed to include a Tapedar and a Special or Additional Tapedar;
(18) “PAY” with its grammatical variations and cognate expressions, includes, when used with reference
to rent, “deliver” and “render”, with their grammatical variations and cognate expressions;
(19) “PRESCRIBED” means prescribed by rules made under this Act;
(20) “RATES AND CESSES” means rates and cesses which are primarily payable by land-owners, and
include–
(a) the local rate, if any, payable under any law for the time being in force, and any fee similarly leviable
from land-owners for the use of, or benefits derived from, embankments and works for supply or storage
of water for agricultural purposes and for the preservation and reclamation of soil and drainage and
reclamation of swamps;
(b) any annual rate chargeable on owners of land under any law for the time being in force for the
benefits derived from drainage works carried on for the public health, or for the improvement of land or
for the proper cultivation or irrigation thereof, or for the protection from floods or other accumulations
of water, or from erosion by a river;
(c) village officers’ cess; and
(d) any sum payable on account of village expenses;
(21) “RENT” means whatever is payable to a land-lord in money or kind by a tenant on account of the
use or occupation of land held by him, but shall not include any cess, or other contribution or due or any
free personal service;
(22) “REVENUE COURT” means a Court constituted as such under the law relating to tenancy as in force
for the time being;
(23) “REVENUE OFFICER” means a Revenue Officer having authority under this Act to discharge the
function of a Revenue Officer;
[(23-A) “SERVICE CENTRE” means the Computerized Service Centre established by the Board of Revenue
(23-B) “SERVICE CENTRE OFFICIAL” means a person appointed as the Service Centre  Official;]
(24) “SURVEY MARK” means any mark set up by the Department of Survey of Pakistan;
(25) “SURVEY NUMBER” or “KHASRA  NUMBER” means a portion of land of which the area is separately
entered under an indicative number in the record-of-rights;
(26) “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, and includes the predecessors
and successors-in-interest of such person, but does not include–
(a) a mortgagee of the rights of a land-owner; or
(b) a person to whom a holding has been transferred, or an estate or holding has been let in farm, under
the provisions of this Act, for the recovery of an  arrear of land-revenue or of a sum recoverable as such
an arrear; or
(c) a person who takes from Government a lease of unoccupied land for the purpose of subletting it;
(27) “TENANCY” means a parcel of land held by a tenant under one lease or one set of conditions;
[(27-A) “UNIRRIGATED LAND” means land other than irrigated land, and includes land fed by rains,
floods, hill torrents, and uncultivable or waste land;]
(28) “VILLAGE OFFICER” means any person appointed under this Act whose duty it is to collect, or to
supervise the collection of, the revenue of an estate, and includes  Kanungos, Patawris, [Service Centre
Officials,]  Zabits, Kotars or Tapedars, Peons, Arbabs, Rais  and headmen (Lambardars).

Revenue Officers

Q. Discuss the various classes of revenue officers and their duties. (1999)(2002)(2005)

1. Introduction:

Under land revenue act 1967 there are various classes of revenue officers. the act describes
appointment power duties and functions of revenue officers. administrative control in revence matters
all over a provinue is exercised by the boare of revenue. even revenue officer is subject to control and
supervision of the officer to whom he is subordinate.

2. Definition of revenue officer.

According to sec. 4 (23) of the revenue act:

"Revenue officers means a revenue officer having authority under this act discharge the functions of a
revenue officer."

3. Classes of revenue officers"

Following are various classes of revenue under land revenue act 1967.
(i) Board of revenue

(ii) Executive district officer

(iii) Collector

(iv) Assistant collector of 1st grade

(v) Assistant collector of second grade

I. Board of revenue:

The board of revenue is the highest authority revenue matters.

(i) Definition:

"Board of revenue means the board of revenue established under the west Pakistan board of revenue
act 1957."

(ii) Duties:

(i) The board of revenue exercise general superintendence and control over all revenue officers.

(ii) The board of revenue appoints revenue officers.

(iii) The board of revenue transfers revenue officers.

(iv) The board of revenue is the highest court of appeal and revision.

(v) The board of revenue distribute business and withdrawal and transfer cases.

II. Executive district officer:

The province is divided into division. the E.D.O is an incharge of a division and all officers are subject to
its control.

(i) Appointment"

The E.D.O shall be appointed under the land revenue act for each division.

(ii) Duties"

(i) The E.D.O can distribute any business to any officers under its control.

(ii) The E.D.O can transfer any case pending before any subordinate officer to any other officer
subordinate to him.

(iii) The executive district officer may withdraw any case pending before any subordinate and shall either
to dispose of it himself or to transfer to any other offices subordinate to him to be disposed of.
(iv) The executive district officer may refer any case which he is empowered to dispose of under this act
any other revenue subordinate of investigation and report and may decide the case upon such report
after giving the parties concerned an opportunity of being heard.

(v) Executive district officer can summon any person whose attendance he considers necessary for the
purpose of any business before him as revenue officers.

III. Collector:

The executive district officer is a revenue head of a division. while collector is the head of a district. he is
district officer revenue in a district. the collector is the most reasonable position holder of a district and
perform multi-task duties.

(i) Appointment:

The collector shall be appointed under land revenue act 1967 in a district.

(ii) Duties:

(i) The collector may transfer any case pending before any subordinate officer to any other officer to his
choice.

(ii) The collector may withdraw any case pending before his assistant controllers or any other
subordinate officer shall either to dispose of it himself or transfer the case to any other assistant
collector or any other subordinate officer disposal.

(iii) The collector may refer any case which he is empowered to dispose of himself under this act to any
other revenue officer subordinate to him for investigation an report and may decide the case on such
report after giving the parties concerned an opportunity being heard.

(iv) The collector may summon any person whose attendance he considers necessary for the purpose of
any business before him as revenue officer.

IV. Assistant collector of its grade:

The assistant collector 1st grade is appointed as revenue officer as head of a sub- division.

(i) Duties:

Assistant collector 1st grade performs his duties as per directions of provincial govt.

V. Assistant collector of second grade:

Tehsildar and Naib- Tehsildar are normally assistant collectors of the second grade.

(i) Duties:
Assistant collector second grade perform his duties as per directions of provincial government.

4. All appointments to be made by notification:

The appointment of all revenue officers shall be made by notification.

5. Combination of offices:

It shall be lawful for govt, to appoint one and the same persons being otherwise competent according to
law, to any two or more of the revenue officers.

6. Scope:

Revenue officers has power to take the cognizance of the following offences.

(i) Intentionally giving or fabricating false evidence at any stage of judicial proceeding.

(ii) Making of malicious or corrupt reports or pronouncement at any stage of a judicial proceeding by a
public servant.

(iii) Intentional insult or interruption to public servant setting in judicial proceedings.

7. Conclusion:

To conclude I can say that all functions of whatever class of revenue officer are determined under the
Land revenue act 1967. the board revenue is the chief authority for revenue matters in the province. it is
competent to determine the rules of appointment and duties of various officers.

Record Of Rights

Q. What is record of rights? discuss the documents which are included in it. (1998)

Q. Define record of rights and what are documents included there in. (2001)(2004)

1. Introduction:

The record of right is maintained in every estate. it provide various information about a particular land.
the assessment of land revenue payable, disputes regarding land are determined in the light of record of
rights. land revenue presumption of truth attached to the entries in the record of rights.

2. Relevant provisions:

Sections 39, 40 land revenue act 1967.

3. Power of board of revenue:

Where is appears to the board of revenue that record of rights for an estate does not exist, or the
existing record of rights for an estate requires special revision, the board of revenue may by notification,
direct that a record of rights be made or the record of rights be revised as the case may be.

(i) Effect:

A record of rights made or specially revised for an estate shall be deemed to be the record of rights for
that estate, but shall not affect any presumption in favour, of the Govt, which has arisen already from
any previous record of rights.

4. Object of record of rights:

The primary object of record of rights is the collection of land revenue from the person who are liable to
pay such amount under the land revenue act.

5. Documents included in record of rights:

(i) Register of the names of land owner and tenant:

The record of rights consist of a register containing information as who are the tenants and who are
landowner in a estate. it also specified particulars of the rents as profit.

(ii) Jama Bandi:

Jamabandi or register of Haqdarazaminb is an up to date edition of record of right, it is an authentic

record of the owners of land within an estate.

(iii) Register regarding liabilities of land owner and tenant and other revenue matters:

A register containing there in information with regard to the liabilities of the land owners and tenant
respectively. it also contain information in regard to the quantum of the land revenue rate cesses, and
other payments due from the land owners.

(iv) Map of the estate:

Map of the estate is also included in record of rights. it describes the location and measurement of the
field.

(v) Statement of customs:

A statement is prepared in which the customs regarding rights and liabilities of the landowner and
tenant are mentioned.

(vi) Statement of rights in wells:

In the areas where irrigation is done through wells a statement is prepared in which it is specified the
respective rights and obligation of the landowners who can irrigate their land from wells.

(vii) Statement of rights in irrigation:

A statement is prepared in which it is specified that respective rights of the landowners from other
source of irrigation.

(viii) Wajib- ul- Arz:

Wajib- ul- Arz is a statement in which customs and administrative position of a village is described.

(ix) Shajira nasab:

It is a statement in which genealogical history of persons belonging to the land is described in detail.

6. Conclusion:

To conclude I can say that record of right is collection of various revenue papers regarding an estate. it is
maintained in every village and contains information about revenue matters rent payable, cessess,
names of landowner and tenant, their obligation and right etc.

Procedure Of Mutation

Q. What is the procedure of mutation of land. (2000)

Q. What procedure is adopted by the revenus officer for attesting a mutation. (2002)

Q. What is mutation how it is attested. (2004)

Q. How and on what occasion, or occasions, a mutation is affected. does mutation confer right
of ownership? if not what is its purpose. (1998)

1. Introduction:

Mutation is change or alteration of any entry in the revenue records. the Patwari keeps up a register of
mtation. in which he records all the acquisition of rights reported to him. the mutation register consists
of a counterfoil and foil. the entries in the muntation have evidentiary value. the patwari enters name of
new person in register of mutation in place of the old person.

2. Relevant provisions:

Sec. 42 land revenue act 1967.

3. Meaning of mutation:
Concise Oxford dictionary:

The process or an instance of change or alteration.

4. Object of mutation:

The main object of mutation is to keep the revenue records up to date so that Govt, may be knowing
about he owners of the land.

5. Significance of mutation:

(i) Up to date record is kept and maintained.

(ii) Right of owners are protected and safeguarded.

(iii) Better administration is done by the revenue authorities.

(iv) For the recovery of arrears of the land revenue.

(v) Presumptive piece of evidence.

6. When mutation is entered by the Patwari:

Mutation is entered by the patwari on the following circumstance.

Any person who acquires.

I. In an estate by

(i) Inheritance.

(ii) Mortgage.

(iii) Purchase.

(iv) Gift.

II. Any right in the estate as a land owner or as a tenant for a fixed term exceeding one year.

7. Procedure of mutation:

The procedure of entering mutation is an under.

(i) Report to Patwari:

A person acquiring a right by inheritance, purchase, mortgage, gift or otherwise is bound to report the
patwari about the acquisition.

(ii) Duty of Patwari:

Patwari shall record such report in his daily diary and furnishes a copy of this record to.

(i) The person making the report and.

(ii) Union committee of the concerned area.

(a) Time period:

Patwari shall send the above copies within a week.

(iii) Failure of patwari to enter mutation:

If patwari fails to enter mutation. the person who has been refused can make report to the following.

(i) Revenue officer concerned.

(ii) Nazim of the union council or town committee of his area.

(a) Condition:

(i) Report must be in writing.

(ii) It must be sent by registered post acknowledgement due.

8. Procedure of attestation by the revenue officer:

The revenue officer is liable to check the correctness of all the entries entered the record of rights. the
revenue officer shall attest the mutation in the presence of the person whose right has been acquired.

(i) Exceptions:

(a) In case of inheritance.

(b) Acquisition by the registered deed.

(c) In case of decree by the civil court.

(ii) Identification:

Such person shall be identified by two respectable person preferably from lambardar or members of the
union committee, union council or town committee.

(a) Condition:

Signatures or thumb impression shall be obtained by the revenue officer on the register of mutation.

(iii) Place of inquiry:

The inquiry into mutation or order proceedings as for as possible should be conducted in the village
where the land with reference to with the mutation is to be effected is situated.

(iv) Order of the revenue officer:

The order shall be made by the revenue officer, regarding acquisition of any right, and entry shall be
made in the periodical record.

(a) Time period:

The revenue officer shall make order with in three months from the date of entry in the mutation
register.

(b) Gist of the order to be send:

The gist of the order by the revenue office shall be send to the person whose right has been acquired
and also to the union committee, union council, or town committee in which the estate is situated.

(c) If the order is not made in time:

If the order by the revenue office is not made within 3 months he shall explain the cause of delay to the
collector in the prescribed manner.

(d) Nature of inquiry:

PLD 1950 Rev. 1189:

The inquiry by the revenue officer is of summary nature therefore all complicated matters should be left
to be decided by a competent court.

9. Does mutation confer right of ownership:

The provision of Sec. 42 of the land revenue are mandatory in nature and violation thereof shall be
considered as unlawful. mutation is not a deed of title. the primary purpose of entering mutation is the
collection of revenue by the Govt. the mutation proceeding do not determine the rights of the parties. it
only shifts the onus of proof and not settle the question of title.

Case law 1990 MLD 89:

Mutation in revenue record does not lay the foundation of a title in as neither judicial proceeding nor
designed to create title. the mutation can be used as an item of evidence in support of a transaction
under the mutation proceeding.

10. Mutation after the death of party:

Mutation can be sustained even after the death of the party if transactions was completed before the
death of a party.
Case law

2004 YLR (1201)

It was held that the revenue officer has no jurisdiction to determine the title of the parties while
sanctioning the mutation.

11. Conclusion:

To conclude I can say that mutation is the change of name in the land revenue record. it does not create
rights of title in respect of property and no one can get vested right on the basis of entering mutation.
the revenue authorities sanction mutation in order to keep their record up to date.

Procedure For Recovery Of Land Revenue

Q. Enumerate the processes for effecting the recovery of arrears of land revenue. (1998)
(1999)(2000)(2001)(2002)

Q. What are the various processes of recovery of the arrears of the land revenue. give in
detail only one such process. (2003)

Q. What are the eight legal processes to recover the arrears of the land revenue. (2004)

Q. What are the coercive measures prescribed under law for the recovery of arrears of land
revenue. (2005)

Q. What are the different steps prescribe under law for the recovery of arrears of land
revenue. (2006)

1. Introduction:

If a landowner fails to pay land revenue assessed or imposed on his holding government may adopt
various methods for recovery of the land revenue. the payment of land revenue is the first charge on the
land and the collecting agencies can collect the revenue from person occupying the land without regard
to his title.

2. Relevant provisions:

Sec. 80 land revenue act 1967.

3. Processes available under land revenue act for the recovery of arrears:

Following are different processes available under land revenue act for the recovery of arrears of the land
revenue.

I. By notice of demand:
A notice of demand may be issued by the revenue officer on or after the day following on which an
arrear of land revenue occurs.

Case law 1990 ALD 149

The notice of demand which can be issued by the revenue officer could be invoked only in those cases
where dues against a person has been determined.

II. By arrest and detention of defaulter:

If land revenue remains unpaid after the laps of 30 days of further notice, the revenue officer may issue
a warrant for the arrest of defaulter by a police officer. the revenue officer may produce the defaulter
before the collector or he may be kept by him not more than 10 days.

(i) Exceptions:

Following are exempted from the arrest.

(i) Female.

(ii) Lunatic.

(iii) Minor.

(ii) Non execution of warrant:

The warrant shall not be executed in the following cases.

(i) If arrears are paid by the defaulter.

(ii) Any security is furnished for the payment of arrears by the defaulter.

III. Distress and sale of moveable property and crops:

At any time after an arrear of land revenue has accrued, the moveable property, and uncut or
ungathered crops of the defaulter, may be detained and sold by order of a revenue officer.

(a) Discretion of collector:

The collector may exempt any quantity seed grain, any cattle and subsistence for the family of the
defaulter.

IV. By transfer of holding:

At any time after an arrear of land revenue has accrued on a holding to any person being a landowner of
the estate in which such holding situated and not being a defaulter in respect of his own holding, on
condition of his paying the arrear before being put in possession of the holding and on such further
conditions as the collector may deem fit to impose.
(a) Duration of transfer:

The transfer may be either till the end of agricultural year or for a term not exceeding fifteen
years.arrears of the land revenue is not recoverable by any of the processes here in before.

V. By attachment of holding:

The collector may cause such holding to be attached and taken under his own management or that an
agent appointed by him for that purpose. this attachment will not exceed in any case from 5 years shall
be released are discharged sooner, the land shall be released and the surplus profit, if any, by handed
over to the land owner.

VI. By annulment of assessment of holding:

If the aformentioned processes are insufficient and the revenue is due for more than one year the board
of revenue may annul the existing assessment of the holding.

VII. By sale of holding:

If the land revenue is accrued and forgoing processes are insufficient for the recovery thereof, the
collector with the prior permission of the board of revenue, may sell the land in respect of which arrears
are due.

VIII. By proceeding against immovable property of the defaulter:

If the arrears of the land revenue is not before mentioned, the collector may attach any other
immovable property of the defaulter.

4. Place of making deposit:

Arrears of land revenue have to be deposited at the same Tehsil headquarter in whose jurisdiction the
estate is situated and where the tehsil treasury has been incorporated with the district treasury, than
any such deposit can be made into the district treasury.

5. Land revenue from whom recoverable:

PLD 1972 Rev. 43

Land revenue is charge on the land and the collecting agencies can collect the same from a person
occupying the land without regard to his title to the land.

6. Conclusion:

To conclude I can say that, the land revenue act provides for the processes for recovery of arrears of land
revenue. all the land owners are liable for the payment of land revenue of their holding under land
revenue act no one can escape his liability for the payment of arrears of land revenue.
Periodical Record

Q. What is periodic record how it is prepared. (2001)(2003)

1. Introduction:

Periodical record of rights is revised edition of the record of rights. it is prepared by patwari after every
four years under the order of the collector. it provides up to date information and contains all the
changes which have taken place in a estate.

2. Relevant provisions:

Sections 41, 42, 43 land revenue act 1967.

3. Periodical records:

(i) The collector shall casue to be prepared by the patwari of each estate periodically, as the board of
revenue may direct, an edition of any records of rights amended in accordance with the provision of this
chapter.

(ii) Such edition of the records of rights shall be called periodical record for estate, and shall comprise the
statement mentioned in clause (a) of sub- section (2) of section, 39, and such other document, if any, as
may be presribed.

(iii) For the preparation of periodicals the collector shall cause to be maintained by the patwari of each
estate a right of mutations in prescribed form and other prescribed registers, if any.

4. Documents included in periodical record of rights:

(i) Jamabandi register haqdaran.

(ii) Title page of register haqdaran zamin.

(iii) Genealogical tree.

(iv) Index number

(v) Note of changes in kind of soil.

(vi) Register of haqdaran nakhilstan.

(vii) Statement of distribution of water.

(viii) Statement of rights in water mills.

(ix) Supplementary map.

(x) Fard badar.

(xi)Note of attestation by Kanango.

(xii) Note of attestation by the revenue officer.

(xiii) Final attestation certificate of register haqdaran zaimn.

(xiv) List of revenue assignments and Pensions.

5. Preparation of periodic record:

Periodic is prepared in two parts.

(i) Preparation of part relating to land owner.

(ii) Preparation of part relating to other persons.

I. Preparation of part relating to land owner.

(i) Report to patwari:

Any person being land owner or tenant for a fixed term exceeding one year acquire an estate by.

(i) Inheritance.

(ii) Purchase.

(iii) Gift or.

(iv) Otherwise he shall report to patwari of the estate where he acquired such right.

(ii) Recording report:

Patwari shall record such report in the roznamcha to be maintained in prescribed manner.

(iii) Furnishing a copy of report:

Patwari shall furnish a copy of report free of cost to the person making the report and also send a copy
of the report, within a week of its receipt by him to the union committee. town committee, or union
council within which the estate is situated.

(iv) Entry in register of mutations:

The patwri shall enter in his register such report which was made to him.

(v) Display of report:

The report has been entered by patwari shall be displayed in such manner as may be prescribed.
(vi) Failure of patwari to record the report:

If the patwari fails to record the report the person concerned may make the report in writing to the
revenue officer concerned and Nazim of union council union committee, or town committee in which
the estate is situated by registered post acknowledgement due.

(vii) Inquiry by revenue officer:

The revenue officer shall time to time inquire into the correctness of all entries in the register of
mutation and the reports which should have been recorded by the patwari.

(a) In case of mutation of inheritance:

In case of acquisition of right by inheritance the revenue office shall inquire who are the legal heirs of
the deceased.

(viii) Identification on register of mutation:

Such person whose right has been acquired shall be identified by two respectable person preferably
from lambardar or member of the union committee, union council of town committee.

(ix) Order of the revenue officer:

The order shall be made by the revenue officer regarding acquisition of any right, and entry shall be
made in the periodical record.

(a) Time period:

The revenue officer shall make order within three months. from the date of entry in the mutation
register.

(b) Gist of the order to be send:

The gist of the order by the revenue office shall be send to the person whose right has been acquired
and also to the union committee, union council, or town committee in which the estate is situated.

(c) If the order is not made in time:

If the order by the revenue office is not made within 3 months he shall explain the cause of delay to the
collector in the prescribed manner.

(d) Nature of inquiry:

PLD 1950 Rev. 1189

The inquiry bey the revenue officer is of summary nature therefore all complicated matters should be
left to be decided by a competent court.
II. Preparation of part relating to other persons:

If it is undisputed, it shall be record in the prescribed manner. if it is disputed it will be entered by the
patwari in the register of mutation. the revenue officer after hearing the parties concerned passes the
necessary order and it is incorporated in the register haqdaran zamin when it is prepared.

6. Remedy open to aggrieved person:

If a person aggrieved or injured by an entry in record of rights or in periodical record of right then he can
file a suit for declaration for his right under section 42 of the specific relief act.

Section 53 of land revenue act says

"If any person considers himself to be aggrieved by an entry in the record of right which he already
possess, then it is at his option to file a suit of declaration of his right under the provisions as contained
in chapter six of the specific relief act 1877".

7. Conclusion:

TO conclude I can say that periodical record of rights is up to date edition of record of right. during a
period of four years, changes do occur in the ownership, revenue matters etc. etc., if of the land such
changes are mentioned in periodical record of right. it is prepared by patwari under the order of
collector of the district.

Partition Of Land

Q. Explain the procedure of partition of land under the land revenue act. (1998)(2001)

Q. Who may apply for partition of land. are there some restriction imposed on partition.
(1999)(2000)

Q. Discuss systematically the different steps during "partition proceedings" of agricultural

land. (2003)

Q. Who may apply for partition of joint holding. (2005)

Q. Who can apply for partition of "joint holding" what is the procedure prescribed under law
processing such application. (2006)
1. Introduction:

Any joint owner of land or joint owner of tenancy can make application for partition of holding. the
application for the partition of land is filed before the land revenue officer. a person who has no share in
land cannot file suit of partition of the land.

2. Relevant provision:

Sec. 135 to 150 land revenue act 1967.

3. Application for partition of land:

According to Sec. 135 any joint owner of land may apply to a revenue officer for partition of his share in
the land.

Case law PLD 1955 PUN (Rev) 503.

Where a decree has been passed by the civil court, the revenue court should effect partition on the exact
basis of the decree.

(i) Conditions for filing application:

(a) At the date of application the share is recorded under Chapter VI as belonging to him or.

(b) His right to the share has been established by a decree which is still subsisting as that date or.

(c) A written acknowledgement of that right has been executed by all persons interested in the
admission or denial thereof.

(ii) Position of mortgagee:

AIR 1938 LAH. 615

It was held a mortgagee cannot enforce partition in any manner because he is not the owner.

(iii) Position of a widow:

PLD 1975 WP LAH. 447

It was held a widow holding land for her life in lieu of maintenance is a "land owner" and therefore, an
"owner of land" she is therefore entitled to apply for the partition of land.

4. Restriction and limitation on partition:

Following are restriction and limitations on partition.

(i) Worship places and grave yard held in common before partition shall continue to be so held after
partition.
(ii) Any embankment, water course, well or tank and any land n which the supply of water depends.

(iii) Any grazing field.

(iv) Any land which is occupied as the site of a town or village may be refused for partition if in the
opinion of the land revenue officer it shall cause hardships to the co- sharers on other persons directly or
indirectly.

5. Procedure of partition by the revenue officer:

The revenue officer shall adopt the following procedure.

(i) Notice of application:

Revenue officer shall send notice to the relevant parties and fixed time for hearing.

(ii) Addition of party:

If any party desire to become party he can apply and revenue officer shall add him as an applicant for
partition.

(iii) Disallowance of partition:

If revenue office deems fit that there are sufficient grounds for disallowance of partition, he may reject
the application for partition.

(iv) Procedure on admission of application:

If application is admitted, the revenue officer shall desecration the questions if any in dispute between
any of the person interested distinguishing between.

(a) Question as to the title in property of which partition is sought.

(b) Question as to the property to be divided for the mode of making the partition.

(v) Disposal of other questions:

If there are other question regarding the partition of land the revenue officer shall dispose such
questions.

(vi) Completion of partition proceeding:

When all disputes are settled by the revenue office he shall cause an instrument of partition to be
prepared and the date on which the partition is to take effect to be recorded therein.

(vii) Delivery of possession of property:

An owner to whom any land is allotted in proceedings for partition shall be entitled to possession
thereof as against the other parties.

(a) Limitation:

A person to whom a share is allotted in partition can make application can make application for the
delivery of possession within three years from the date on which the partition is to take effect.

6. Affirmation of partition privately affected:

For the affirmation of privately affected without the intervention of revenue officer, any party to the
partition can apply to the revenue court praying for an order to affirm the partition.

7. Conclusion:

To conclude I can say that revenue officer can entertain application of partition of land by joint owner. his
power to decide questions of title is of discretionary nature. under land revenue act there are some
limitation and restriction which have been imposed on partition.

Assessment

Q. Distinguish between general and special assessments. under what circumstances are
special assessment made. (1998)(2003)

Q. Define assessment circle, under what conditions special assessment of land revenue takes
place. (2000)

Q. What are "special assessment". when are they carried out. (2003)

1. Introduction:

Assessment is a process to estimate the value of property for tax. under land revenue act land is
assessed for land revenue. all lands to whatever purpose applied and wherever situate is liable to the
payment of the land wherever except such land which has been exempted from the liability of land
revenue. the land has to be assessed at the rates at which it is assessable according to its state at the
time of assessment.

2. Relevant provisions:

Sections 56, 70 of the land revenue act 1967.

3. Meaning of assessment:

Osborn's Concise law dictionary:

To fix the amount for value of property.

4. Assessment circle:

Assessment circle means a group of estates which in the opinion of board of revenue, to be recorded in
an order in writing are sufficiently homogenous to admit of a common set of rates being used as general
guide in calculating the land revenue to be assessed upon them.

5. Kinds of assessment:

Under the land revenue act, there are two kinds of assessment.

(i) General assessment.

(ii) Special assessment.

6. Modes of assessment:

(i) Final assessment.

(ii) Fluctuating assessment.

7. Assessment of land revenue:

According to the section 56 "all land, to whatever purpose applied and wherever situate, is liable to the
payment of land revenue to the government.

(i) Exceptions:

(a) Such land as has been wholly exempted from that liability by specical contract with government or by
the provision of any law for the time being in force.

(b) Such land as is included in village site.

(c) Such land as is included in government limit.

(d) Land on which property tax under the urban immovable property tax act 1958 is payable.

(e) Waste and barren land not under cultivation for a continuous period of not less than six years
immediately before the date of notification of general assessment or re- assessment. under section 59.

8. Special assessment:

Revenue officer can make special assessment of the land under revenue act. in making special
assessment it is not necessary to follow the procedure of general assessment. the confirmation of the
assessment in made by the board of revenue.

(i) Cases of special assessment:

Special assessment is made in the following case.

(i) When it is proposed to change the form assessment.

(ii) When lands a sole, leased or granted by government.

(iii) When the assessment of any land has been annnulled or the land owner has refused to be liable
therefore and theterm for which the land was to be managed by the collector or his agent quit in form
has expired.

(iv) When assessment of land revenue require revision in consequence of the action of water or send or
of clalmity of season or form any other cause.

(v) When revenue due to the government on account of pasture or other natural product of land, or on
acount of mills, fisheries or natural products of water, or on accounts of other rights described section 49
or 50 has been included in assessment made under the forgiong provision of this chapter.

(v) When waste and barren land becomes liable to the payment of land revenue.

(vi) Where the general assessment is not necessary.

9. Distinction between general and special assessment:

(i) As to contingency:

General assessment in not made on happening of certain event.

Special assessment in made on happening of certain event.

(ii) As to application:

Application is not made for general assessment.

Application may be filed for special assessment.

(iii) As to duration:

There is fixed period of time in general assessment.

There is no fixed period of time in special assessment.

(iv) As to sanction of Govt:

For general assessment sanction of government is required.

No sanction is required in special assessment.

(v) As to sanction of BOR:

Sanction of BOR is required before making general assessment.

Sanction of BOR is not required.

(vi) As to Announcement:

In general assessment time and date from which it is to take place is announced by the revenue officer.

Special assessment is not announced in such way.

(vii) As to procedure:

In general assessment procedure is followed.

In special assessment it is not necessary to follow the procedure of general assessment.

10. Conclusion:

To conclude I can say that assessment is necessary for the process of receiving land revenue for the Govt.
general assessment and special assessment are two kinds of assessment. special assessment is made
under Sec. 70 of the land revenue act 1967.

Appeal

Q. Discuss the law relating to appeal under land revenue act. (2000)

Q. Discuss the "law of appeal" as given in the West Pakistan land revenue act, 1967. (2003)

1. Introduction:

The law of appeal under land revenue act is very simple. a person who is party to the order appealed can
file appeal. he should state whole of his of his case before appellate court.

2. Relevant provisions:

Sections 161 and 162 of land revenue act 1967.

3. Meaning:

Osborn's concise law dictionary:

Any proceeding taken to rectify an an erroneous decision of a court by bringing it before a high court.

4. Definition of appeal:
Case law PLJ 1985, 164

It is removal of cause from an inferior court to a superior one for purpose of testing the soundness of the
decision of the inferior court.

5. Basis:

Law of appeal is based on the following maxim.

"Interest republican Sir Finis Litium".

Is the duty of the state and its functionaries to ensure redress of grievances and minimization of
litigation.

6. Appeals:

According to Sec. 161

(i) Save as otherwise provided by this act, an appeal shall lie from an original or appellate order of a
revenue officer as follows namely.

(a) To the collector, when the order is made by an assistant of either grade.

(b) To the commissioner, when the order is made by a collector.

(c) To the board of revenue only on a point of law, when the order is made by a commissioner.

Provided that

(i) When an original order is conformed of first appeal, a further appeal shall not lie.

(ii) When any such order is modified or reversed on appeal by the collector, the order made by the
executive district officer revenue, on further appeal, if any to him shall be final.

(i) Case law

PLD 1950 Pb. (Rev) 1090

It was held that it is the duty of the party to state the whole of his case as the new matters can hardly be
introduced in appellate court.

7. Limitation for appeal:

According to Sec. 162 of the land revenue act the period of limitation for an appeal under Sec. 161 shall
run from the date of the order appealed against and shall be.

(i) Thirty days, where the appeal lies to the collector.

(ii) Sixty days, where the appeal lies to the commissioner.

(iii) Ninety day where the appeal lies to the board of revenue.

PLD 1950 Rev. 560

Limitation starts from the day on which the order appealed against was pronounced and not from the
date on which the appellant came to know of it even through it was pronounced in his absence.

8. Application of limitation act:

Limitation act is applicable to the matters regarding appeal under land revenue act 1967 and delay can
be condoned under Sec. 5 of the limitation act.

9. Delay in filing appeal:

Court is duty bound to take cognizance of delay even if limitation is not set up as a defence by any party.
in the absence of any satisfactory explanation for delay in filing appeal, court is not justified to condone
the delay.

10. Conclusion:

To conclude I can say that appeal is continuation of the original proceeding. the original orders passes by
assistant collector are appealable to the collector and so on. the limitation act is applicable to the
limitation prescribed in the Sec. 162 of the land revenue act 1967.

Duties Of Lambardar

Q. Write a deatailed note on duties of Lambardar. (2002)

1. Introduction:

The headman of a village is called Lambardar. he is appointed by the executive distrive district officer in a
village. Lambardar has to collect and supervise the collection of revenue of an estate. he is the
representative of the people of an estate and a link between the government and public. sufficient
number of Lambardars are appointed by the government to every estate for the collection of the land
revenue and other administrative functions.

2. Definition:

According to Sec. 4(28)

"A village officer means any person appointed under this act whose duty is to collect, or to supervise the
collection of the revenue of an estate and includes Kaungos, Patwaris, Zabits, Kotars or Tapedar's peons,
Arbabs, Rais and Headman".

3. Classification of village offices:

The village officers may be categorized as under.

(i) Headman or Lambardar.

(ii) Kanugoes

(iii) Patwris.

(iv) Zabits.

(v) Kotars.

(vi) Tapeder's peon.

(vii) Arbabs

(viii) Rais.

4. Duties of Lambardar:

The duties of Lambardar:

I. Collection of revenue:

The primary duty of lambardar is collection of land revenue according to the rates of revenue imposed
upon the land by board of revenue. all the sums recoverable other than land revenue are also collected
by the lambardar.

II. Collection of rents and profit:

The lambardar has to collect rents from tenants.

III. Rendition of accounts:

The lambardar has to render account to the persons entitled there to.

IV. Receipt of payment:

It is the duty of lambardar to acknowledge every payment by issuing a receipt thereof.

V. Defrayment of joint expenses of the estate:

It is the duty of lambardar to defray joint expenses of the estate and maintain its accounts.

VI. Obedience of orders of superior revenue officers:

It is the duty of lambardar to obey all the orders of the collector of district.

VII. Assistance to revenue officers:

It is the duty of lambardar to assist the revenue officers in concerned areas.

VIII. Information about commission of crimes:

Lambardar has to inform about the commission of crime to the government.

IX. Establishment of cordiality among co- villagers:

Lmbardar has to make all reasonable efforts to establish cordiality among the co- villagers of an estate.

X. Report regarding encroachment:

Lambarder has to report all encroachment made by the people on roads and streets to the tehsildar.

XI. Report regarding losses and damages:

Lambarder has to report to the government about any damage to the property of the government.

XII. Report regarding death:

Lambarder has to make report to concerned officer about the death of any land holder in an estate.

XIII. Report regarding diseases:

Lambearder has to make report to patwari in respect of out break of the diseases among animal.

XIV. Report of anti-social activities:

He is duty bound to report the government about anti-social activities happening in his estate.

XV. Assistance to govt. officers:

It is the duty of lambrader to render all possible help to the officers of the government who may happen
to be in his revenue estate for executing govt.public work.

XVI. Assistance to postman:

It is the duty of village officer to help postman of the village in case of need.

XVII. Care of govt.properties:

The village officer should take care the govt properties.

XVIII. Any other duty:

He has to perform any duties assigned to him by the government temporarily or permanently.

5. Conclusion:
To conclude i can say that lambardar is a village officer in can estate. he has to perform important duties
assigned by him by the government. his primary duty is to collect land revenue.

Q. Who have right of occupancy under Punjab tenancy act. (2000)

Q. Discuss the grounds for establishing occupancy right under Punjab tenancy act. (2001)
(2002)

Q. Discuss the relevant law regarding the establishment of right of occupancy under the
Punjab tenancy act. (2003)

1. Introduction:

By the enforcement of the Punjab tenancy agreement act VII of 1952, the occupancy right have become
very limited. now occupancy rights can exist only in government land.

2. Relevant provisions:

Sections 5, 7, 9, 10 Punjab tenancy act.

3. Meaning of tenancy:

Tenancy means a parcel of land held by a tenant under one lease or one set of conditions.

Case law

1991 CLC 2125

It was held tenancy is not only created by express contract by also by implication or by conduct of
parties.

4. Tenant having occupancy rights:

(i) Hereditary tenant:

To be hereditary tenant following conditions must be fulfilled.

(i) That who act the commencement of this act has for more than two generations, in the line of desent
through a grandfather or grand uncle occupies the land.

(ii) The period of occupation should be less than twenty years.

(iii) At the commencement of this act the tenant occupied that land apying no rent thereof beyond the
land revenue thereof and the rate and cesses for the time being charegable thereon.
(ii) Landlord:

If a tenant proves that he owned land and has following condition must be fuilled in this regard.

(i) That he was once owner of that.

(ii) That he ceased to be land owner neither by forfeiture to government nor by his own voluntary act.

(iii) That he has continuously occupied the land since the day he ceased to be land owner.

(iii) Inhabitation:

The right of occupancy can also be established by inhebitation on land. following conditions must be
fulfilled in this regard.

(i) That he settled alongwith or was settled by the founder thereof, as a cultivator in the village or estate
in which the land is situate.

(ii) That he held on 21th day of October 1886, in that village or estate in which the so settled or was
settled by the founder.

(iii) He has continuously occupied the land since.

(iv) Jagidar:

Jagirdar is also entitled to establish the right of occupancy if he prove either of the two condition
namely.

(i) That he being the Jagirdar of the estate or any part of the estate in which he land occupied by him is
situate, has continuously occupied the land for not less than twenty years or.

(ii) That having been such a Jagirdar he occupied the land while he Jagirdar and he has continuously
occupied for not less than twenty years.

5. Right of occupancy before tenancy act 1868:

A tenant recorded in record of rights sanctioned by the provincial government before the 21 day of
October 1868, as a tenant having a right of occupancy in land which he has continuously occupied from
the time of the preparation of that record shall be deemed to have a right of occupancy in that land
unless the contrary has been established by a decree of competent court in a suit instituted before the
passing of this act.

6. Occupancy right of exchange of right:

If the tenant has voluntarily exchanged the land, or any portion of the land, for merely occupied by the
him for land belonging to the same landlord, the land taken in exchange shall be held to the subject to
the same right of occupancy as that to which the land given in exchange would have been subject if the
exchange had not taken place.

7. Establishment of right of occupancy on grounds other than those expressly stated in the
act:

Nothing in the foregoing sections of this chapter shall preclude any person from establishing a right of
occupancy on any ground other than the grounds specified in those sections.

8. Right of occupancy not to be acquired by mere laps of time:

No tenant shall acquire a right of occupancy by mere laps of time.

9. Occupancy right of joint owner:

In the absence of a custom to the contrary, no one of several joint owner of land shall acquired right of
occupancy in land jointly owned by them.

10. Conclusion:

To conclude I can say that the right of occupancy can be established by different ways. the tenant also
included predecessor or successor in interest of the tenant for time being.

Ejectment Of Tenant

Q. On what ground tenant can be ejected. (1998)(2000)(2003)(2004)

1. Introduction:

A tenant having right of occupancy can be ejected on different ground under the Punjab tenancy act. the
procedure of ejectment is described in the Punjab tenancy act. a tenant who has been illegally disposed
or rjrcted without following the procedure can seek his rremedy in the court of law.

2. Relevant provisions:

Sections 39, 40, 41, 42, 47 Punjab tenancy act.

3. Meaning of ejectment:

Ejectment is a legal action brought by one claiming a right to possess real property against another who
is passing the same adversely.

4. Definition of tenant:
Tenant means a person who holds land under another person, and is or but for a special contract could
be liable to pay rent for taht land to that other person and includes the predecessors and successors in
interest of such person but does not include.

(i) A mortgagee of rights of a landowner or.

(ii) A person to whom a holding has been transferred or an estate the provisions of this act for the
recovery of an arrears of land revenue or of a sum recoverable as such an arrear or.

(iii) A person whom takes from government a lessee of an unoccupied land for the purposes of sub-
letting it.

(i) Meaning of tenancy:

Tenancy means a parcel of land held by a tenant under one lease or set of conditions.

5. Grounds for ejectment of tenant:

I. Grounds for ejectment of occupancy tenant:

A tenant having right of occupancy shall be liable to be ejected from his tenancy on any of the following
grounds.

(a) That he has used the land comprised in the tenancy in a manner which renders it unfit for the
purpose for which he held it.

(b)Where rent is payable in kind, that he has without sufficient cause failed to cultivate that in the
manner or to the extent customary in the locality in which the land is situate.

(c) When a decree for an arrear of rent in respect of his tenancy has been passed against him and
remains unsatisfied.

II. Ground of ejectment of tenant for a fixed term:

A tenant not having the right of occupancy but holding for a fixed term under a contract or a decree or
order of the competent authority shall be liable to be ejected form his tenancy at the expiration of that
torm and any of the following a 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) When 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 situate.

(c) On any ground which would justify ejectment under the contract decree or order.

III. Grounds for ejectment of tenant form year to year:

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

6. Limitation of ejectment:

(i) A tenant shall not 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 remain
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 the competent authority.

(ii) A decree or order for ejectment of tenant shall not be executed only during particular season of the
year which in between 1th May and 15th of June under the order is made u/s 44.

7. Rights of ejected tenants:

Ejected tenancy has right of reasonable tome for harvest. where at time proposed ejecement of tenant
form any his uncut or ungathered crops are standing on any part thereof he shall not be ejecte form that
part until the crops have been ripened and he been allowed a reasonable time to harvest them. ejected
tenant has also right in land for crowing.

8. Conclusion:

To conclude i can say that the procedure for ejectment under the Punjab tenancy act is followed by the
landlord to eject tenant form occupancy.

Deposit Of Rent

Q. When Rent can be deposited with the revenue officer by the tenant? (2000)(2002)

Q. Discuss the circumstances and the procedure for depositing in the officer of the revenue
office. (2003)

1. Introduction:

Rent is an agreed sum of money or other thing payable the tenant for the use of occupation of some
property or land to the landlord. if he refuses to receive rent malafidely ,the tenant can deposit such
amount with the revenue officer.

2. Relevant provisions:

Section 31,32 Punjab tenancy act 1887.

3. Definition of rent:

"Whatever payable to the landlord by tenant on account of occupying the land in term of money or
other services.

(i) Exception:

Following dose not include in rent.

(i) Any case

(ii) Village cass

(iii) Any voluntarily services of personal nature.

(iv) Other contribution or dues.

4. Meaning of the revenue officer:

"Revenue officer or revenue court in any provision of this means a revenue officer or a revenue court
having authority under this act to discharge the functions of a revenue officer or revenue court as the
case may be.

5. Rent which can be deposited with the revenue officer:

Only the cash rent can be deposited with the revenue officer by the tenant.

6. Grounds for depositing rent:

Following are grounds for depositing rent by the tenant.

(i) Refusal of landlord to receive rent:

If landlord refueses to receive rent in order make out case of arrears of rent against tenant.

(ii) Refusal of landlord to grant receipt:

The tenant can deposit rent with the revenue officer if landlord refuses to grant receipt to the tenant in
order to make out case of arrears against the tenant.

(iii) Doubt:

When a tenant is in doubt as to the person entitled to receive rent payable in money.

(iv) Dispute between mortgagor and mortgagee:

When there`is dispute between mortgagor and mortgagee. the tenant can deposit the rent with the
revenue officer.
7. Procedure:

I. Petition:

The tenant shall file petition in the office of concerned revenue officer.

(i) Contents of petition:

(i) Name of the petitioner (tenant)

(ii) Ground for depositing rent.

(iii) Any other important information.

(ii) Notice:

The revenue officer shall issue notice to the person who in entitled to the rent.

Expenses of notice:

All the expenses of serving notice to the defendant shall be afforded by the tenant.

(iii) Hearing:

The revenue officer shall hear both the parties.

(iv) Order:

The revenue offices shall announce his order regarding the deposit of rent in the office by the tenant.

8. Effect of depositing rent:

(i) It shall be deemed to be a payment made by the tenant to his landlord in respect of his due so the
tenant dose not become defaulter.

(ii) The revenue office give notice to every person whom he thinks to be landlord. the person who
isentitled to receive the rent amount can get it form the court by giving application.

(iii) No suit or other proceeding shall be in stituted against the government or against any servant of the
state in respect of anything done by the revenue officer and nothing shall prevent any person entitle to
receive the amount of any such deposit form receiving if form a person to whom it has been paid by the
revenue officer.

9. Immunity of govt. or revenue officer:

No suit or other proceeding shall be instituted against govt. or against any servant of the state, in respect
of any thing dose by revenue officer.
10. Conclusion:

To conclude i can say that under Punjab tenancy act a tenant can deposit rent in the office of revenue
officer if he has sufficient ground or reason as mentioned in the tenancy act

Duties And Rights Of Tenant

Q. Discuss the rights and duties of tenant and landlord toward produce of land. (2000)

1. Introduction:

Landlord and tenant are two different persons. the tenancy act 1967 describes different rights and duties
of landlord and tenant. the the rights of the landlord are duties of the tenant and duties of the landlord
are the rights of the tenant.

2. Relevant provisions:

Sec. 12 Punjab tenancy act 1887.

3. Definition of landlord:

Landlord means a person under whom a tenant hold land and to whom the tenant is or but for a special
contract would be liable to pay rent that rent.

4. Definition of tenant:

Tenant means a person who holds land under another person or is or special contract would be liable to
pay rent for land to that person.

5. Case law definition of tenant:

1894 CLC 677.

Tenant means a person who holds under another person and it or but a special contract liable to pay
rent. it includes a predecessors and successors in interest of such person but dose not include a
mortgagee of the rights of a land owner or a person to whom a holding has been transferred or a person
who takes form government a lease of unoccupied land for the purpose of sub-letting it.

6. Main features of tenant:

Following are main features of tenant:

(i) Holding of land

(ii) Holding of land under another person.

(iii) Liability to pay rent.

7. Rights of landlord and duties of tenant:

(i) Right to take produce:

Landlord is entitled to take produce of his share.

(ii) Right to take rent:

Landlord has right to take rent form the tenant and it is duty of tenant to pay rent.

(iii) Right to take rent in time:

Landlord has right to take rent in time and it is the duty of tenant to pay the same.

(iv) Right to demand increase in rent:

Landlord has right to demand increase is rent and it is duty of the tenant to pay attention toward the
demand of landlord.

(v) Right to sue:

Landlord has right to file against the tenant for incrase in rent if the tenant turns down his demand.

(vi) Rights to be present in the division of produce:

Landlord has right to be present in the division of produce.

(vii) Right to take part in division of produce:

Landlord has right to take part in division of produce.

(viii) Right to takes possession of produce:

Landlord has right to take possession of produce when it is divided.

8. Rights of tenant and duties of landlord:

(i) Right to cultivate land:

Tenant has right to cut harvest of produce of his tenancy and it is the duty of landlord not to interfere in
the cultivation of tenant.

(ii) Right of possession:

When the rent is not taken by the division the right of tenant has exclusive possession of produce.
(iii) Right yo divide produce:

Tenant has right to divide the produce.

9. Conclusion:

To conclude i can say that the respective rights of the landlord and tenant are described in sec. 12 of the
land revenue act. these are only fundamental and basic right regarding produce.

Right Of Pre- Emption

Q. Define pre- emption. when does this right arise and do whom is this right available?

1. Introduction:

Pre- emption is purchase by one person before an opportunity is offered to others. this right arises only
on a complete sale. the rights of pre- emption does not arise out of gift, sadagaha, waqf, inheritance
bequest or a lease.

2. Definition:

According to Section 293) Punjab pre- emption act "right of pre- emption means a right to acquire by
purchase an immoveable property in preference to other persons by reason of such right."

3. When does right of per- emption arises of accrue:

Right of pre- emption arises only of a sale which is.

(i) Valid.

(ii) Complete.

(iii) Bonafide.

4. Objectives of pre- emption:

(i) Protection of the privacy of a specified area.

(ii) Discourage the stranger to enter in a special area.

(iii) Maintenance of sanctity.

(iv) Preservation of prevailing values and atmosphere.

PLD 1979 LHR 299

It was held the policy of the pre- emption was to keep out strangers and thus maintain the exclusiveness
of the estate."
5. Who is pre- emption:

The person who has right of pre- emption is called pre- emptor. he is also called Shafi.

6. Qualification for acquiring right tf pre- emption:

Following may acquire the right of pre- emption.

(i) Male or female.

(ii) Minor

(iii) Major

(iv) Owner of an immovable property.

7. Persons entitled to claim pre- emption:

According to Section 6 of the pre- emption act the following are the persons who are entitled to claim
the right of pre- emption.

(i) Shafi Sharik.

(ii) Shafi Khalit

(iii) Shafi Jar.

8. When does right of pre- emption arise:

The right of pre- emption accrues on sale an immovable property.

(i) Definition of sale:

Sale means permanent transfer of the ownership of an immovable property in exchange for valuable
consideration and includes transfer of an immovable property by ways of Hiba-Bil-Iwaz or hiba ba Shart-
ul-Iaz.

(a) Exceptions:

(i) Transfer of an immovable property through inheritance or will or gift, other than hiba-bil-iwaz or hiba
Shart-ul-Iaz.

(ii) A sale in exception of a decree for money or if any order of a civil, criminal, revenue, or any other
court or a revenue officer or any local authority.

(iii) Exchange of the agricultural land.

(iv) Transfer of an immovable property for a consideration other than valuable consideration, such as the
transfer of an immovable property by way of dower or composition in a murder or hurt cases.

9. On what kinds of property the right of pre- emption can be claimed:

Under the Punjab pre- emption act following are three kinds of property on which the right of pre-
emption can be claimed.

(i) Agricultural land.

(ii) Village immoveable property.

(iii) Urban immovable property.

10. Conclusion:

To conclude I can say that the right of pre- wmption is a preferential right of a person already present in
the locality. the person who has such right is called Shafi. it can be acquire in connection with agricultural
land, or village or urban immovable property. the right of pre- emption arises only in case of complete
sale.Persons Entitled To Claim Pre- Emption

Q. What are three classes of person who are entitled to claim pre- emption.

Q. What do you understand of right of pre- emption? who are the class of persons entitled to
exercise such rights in performance to others. (2006)

1. Introduction:

The rights of pre- emption is a right which the owner of an immoveable property possesses to acquire by
purchase another immoveable property which has been sold to another under the Punjab pre- emption
act every person has not right of pre- mption. it is available to only those person who are mentioned in
this act.

2. Relevant provisions:

Section 6 Punjab Pre- emption act.

3. Persons entitled to claim pre- emption;

Following are three classes of person who are entitled to claim pre- emption.
(i) Shafi Sharik.

(ii) Shafi Khalit.

(iii) Shafi Jar.

I. Shafi Sharik:

Shafi Sharik means a person who is a co- owner in the corpus of the undivided moveable property shafi
sharik is pre- emptor by way right of coparcenary.

II. Shafi Khalit:

Shafi Khalit means a participator in a special rights attached to immoveable property sold such as right of
passage, right of passage of water or right of irrigation.

(a) Conditions:

Shafi Khalit can claim the right of pre- emption on the fulfillment of the following conditions.

(i) There should be no Shafi Sharik.

(ii) If Shafi Sharik has waived his right.

III. Shafi jar:

Shafi Jar means a person who has a right of pre- emption because of owing an immoveable property
adjacent t the immoveable property.

When Shafi Jar can claim right of pre- emption:

Shafi Jar can claim right of pre- emption in the following circumstances.

(i) Where there are no Shafi Sharik Ahafi Khalit.

(ii) If they are present, they waived their right.

4. Demand of pre- Emption:

There are certain requirement or conditions which are to be performed by the pre- emptor to enable
him to claim the right of pre- emption. no person is entitled to claim unless such person makes demands
of pre- emption.

5. Death of pre- emptor:

In case of death of pre- emptor after he had made any of the demands, right of pre- emption would
stand transferred to his heir.
6. Conclusion:

To conclude I can say that under Punjab pre- emption act, Shafi, Shari, Shafi Khalit and Shafi Jar can claim
the right of pre- emption. all these three persons are different kinds of pre- emptor.

Essentials Requirements To Demand Pre- Emption

Q. What are the essentials requirements to demand a right of Pre- emption.

1. Introduction:

Under Punjab pre- emption act right of pre- emption can be acquired by demand from person who has
right of pre- emption. if there is no demend by the person having this right of pre- emption is lost.

2. Relevant provisions:

Sec. 13 Punjab pre- emption act.

3. Demand of pre- emption:

Thare are certain requirement or conditins which are to be performed by the pre- emption to enable him
to claim the right of pre- emption. no person is entitled to claim unless such person makes demands of
pre- emption.

4. Essentials requirement to demand a right of pre- emption:

Sec. 13 clearly says that right of pre- emption is extinguished if no demand is made namely.

(i) Talab-i-Muwathbat.

(ii) Talab-i-Ishhad.

(iii) Talab-i-Khusumat.

I. Talab-I-Muwathbat:

Talab-i-Muwathbat means immediate demand by a pre- emptior, in sitting or meeting (Majlis) in which
he has come to know of the sale, declaring his intention to exercise a right of pre- emption.

(a) Number of witnesses:

There must be two withnesses for Talab-i-Muwathbat.

(b) Conditions:
(i) Talab-i-Muwathbat must be made on the completion of sale.

(ii) Talb-i-Muwatbat must be made on knowing of sale.

(iii) It should be made in the meeting in which slae is known.

II. Talab-I-Ishad:

Talab-i-Ishad means demand by establishing evidence. it is second demand.

1993 CLC 105

It was held that pre- emptor after amking Talb-i- Muwathbat is obliged in perform second demand
known as Talib-i- Ishad, as soon therefore as possible.

(i) Procedure:

It should be made within 14 days of Talb-i-Muwathbat.it may be made to purchaser by giving a notice.

(a) Form of notice:

Notice must be in writing or oral.

III. Talab-I-Khusumat:

Talab-i-Khusumat means demand by filing a suit. it is third demand which consists of the institution of
the suit of pre- emption.

(i) Conditions:

(i) Suit must be filed in the competent court.

(ii) It should be made within 120 days of Talb-i-Muwthibat.

5. Persons who can make demand:

Following are the persons who can make demand.

(i) Pre- emptor or.

(ii) His agent or.

(iii)His guardian.

6. Conclusion:

To conclude I can say that tight of pre- emption is a personal right, it can been acquired only if
requirement of Sec. 13 are fulfilled. this right can also be lost if no demand in made by the pre- emptior.
the right of pre- emption is recognized in favour of person having interest connected with the property
subject to sale. it is a week type of right.