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The West Pakistan Land Revenue Act 1967

Short Title:
This Act may be called the West Pakistan Land Revenue Act, 1967.
Extent:
It extends to the whole of the Province of West Pakistan (Balochistan), except tribal areas.
Enforcement:
The Act notified to be enforced on 1st January, 1968.
Definitions:
1) Agricultural Year
“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
“Arrears of land-revenue” means land-revenue which remains unpaid after the date on
which it becomes payable.
3) Assessment Circle
“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
“Board of Revenue” means the Board of Revenue established under the West Pakistan
Board of Revenue Act, 1957.
5) Boundary Mark
“boundary mark” means any erection, whether of earth, stone, or other material, any
hedge, unplugged 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) Defaulter
“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.
7) Estate
“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.
8) Holding
“Holding” means a share or portion of an estate held by one land-owner or jointly by two
or more land-owners.
9) Irrigated Land
“Irrigated land” means land irrigated by a canal, tube well, streams, and tank or by any
other artificial means of irrigation.
10) Kanungo
“Kanungo” shall be deemed to include a supervising Tapedar.
11) Landlord
“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.

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12) Land-Owner
“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.
13) Patwari
“Patwari” shall be deemed to include a Tapedar and a Special or Additional Tapedar.
14) Revenue Court
“Revenue Court” means a Court constituted as such under the law relating to tenancy as
in force for the time being.
15) Revenue Officer
“Revenue Officer” means a Revenue Officer having authority under this Act to discharge
the functions of a Revenue Officer.
16) Rent
“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.
17) Survey Number
“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.
18) Tenant
“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.
19) Unirrigated Land
“Unirrigated land” means land other than irrigated land, and includes land fed by rains,
floods, hill torrents, and uncultivable or waste land.
20) Village Officer
“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, Zabits, Kotars or Tapedars, Peons, Arbabs, Rais and Headmen (Lambardars).

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 Classes of Revenue Officers
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
revenue matters all over a province is exercised by the board of revenue. Even revenue
officer is subject to control and supervision of the officer to whom he is subordinate.
Classes of Revenue Officers
There shall be the following classes of Revenue Officers, namely:-
a) The Board of Revenue
b) The Executive District Officer (Revenue) – Commissioner
c) The Collector – Deputy Commissioner
d) The Assistant Collector of the first grade – Assistant Commissioner
e) The Assistant Collector of the second grade – Tehsildar & Naib Tehsildar
Board of Revenue
The board of revenue is the highest authority revenue matters.
Definition:
"Board of revenue means the board of revenue established under the West Pakistan Board of
Revenue Act, 1957."
Constitution of the Board of Revenue
According to section 3 of Board of Revenue Act, 1957;
a) There shall be a Board of Revenue for Punjab / Sindh / NWFP (Khyber Pakhtunkhwa) /
Balochistan, which shall consist of such members as may be appoint by the Government for
time to time.
b) The government may, whenever it considers necessary or expedient, appoint or remove a
Member.
Duties of Board of Revenue:
Under Board of Revenue Act 1957:
i. The Board of Revenue exercise general superintendence and control over all revenue
officers and all such officers shall be subordinate to the Board of Revenue.
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.
vi. The Board of Revenue have powers to make rules as to procedure, not consistent with this
Act.
Commissioner
The province is divided into division. The Commissioner is an incharge of a division and all
officers (subordinate) are subject to its control.
Appointment:
The Commissioner shall be appointed under the Land Revenue Act for each division.
Duties of Commissioner:
i. The Commissioner can distribute any business to any officers under its control.
ii. The Commissioner can transfer any case pending before any subordinate officer to any
other officer subordinate to him.
iii. The Commissioner 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 Commissioner 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. Commissioner can summon any person whose attendance he considers necessary for the

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 purpose of any business before him as revenue officers.
Collector / Deputy Commissioner
The Commissioner 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 performs multi-task duties.
Appointment
The collector shall be appointed under Land Revenue Act 1967 in a district.
Duties of Collector
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.

Assistant Collector Grade – I

Appointment:
The Assistant Collector 1st Grade is appointed as revenue officer as head of a sub- division.
Duties of Assistant Collector Grade – I
Assistant Collector 1st grade performs his duties as per directions of provincial govt.
Assistant Collector Grade – II
Appointment:
Tehsildar and Naib- Tehsildar are normally assistant collectors of the second grade.
Duties of Assistant Collector Grade – II
Assistant Collector 2nd grade perform his duties as per directions of provincial government.
Powers of the Board of Revenue
The powers of the Board of Revenue are as under:
I. Highest Court of Appeal
The Board of Revenue is the highest court of appeal in a province. It hears appeal against
executive district officer and other revenue officers.
II. Highest Court of Revisions Matter
The Board of Revenue is also the highest court of appeal in a province. The board aggrieved
by an order made or decree passes by the board. it thinks fit that new circumstance have
emerges as under:
i. Discovery of new but on important matter.
ii. Discovery of new evidence.
iii. On account of some mistake or error apparent on the fact of the record.
iv. Any other reasonable ground.
III. Chief Administrative Controller
The Board of Revenue shall be chief administrative controller in the administrative matters
regarding land.
IV. Power to Determine Duties of its Revenue Officers
The Board of Revenue is empowered to determine duties and powers of its officers.
V. Power to Make Rules
The Board of Revenue can make rules as to procedure for its own officers of courts.
i. Procedure to be followed in proceedings before revenue officers or courts.
ii. Prescribe forms and procedure to be followed by the revenue officer or revenue court
to inform board revenue.
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 iii. Rules to prescribe authorities or the officers by whom any particular case or classes of
cases generally or by specially be dealt with.
iv. To determine rules about pecuniary and territorial jurisdiction of the revenue court.
v. To specify class in which revision shall apply.
VI. Power to Distribute Business
With the approval of the government, the Board of Revenue distribute its business among its
member.
VII. Power to Transfer Case
The Board of Revenue can transfer any case pending before its sub-ordinate revenue officers.
VIII. Power to Withdraw Cases
The Board of Revenue has power to withdraw any case from the relevant revenue officer and
either to dispose of it itself or to transfer it to any other Revenue Officer.
IX. Conferment of Powers
The board of revenue can confer power to its officers.
X. Executive and Judicial Powers
The Board of Revenue has executive and judicial powers.
Jurisdiction of the Board of Revenue
The Board of Revenue shall have jurisdiction in all over the province.
Conclusion:
To conclude, it can be said that the board of revenue is an important controlling authority in
the province. It is the highest court of appeal and revision. All the appointments are made by
this board. It can withdraw, remove distribute powers to the revenue officers in the province.
Board of Revenue determine rules about pecuniary and territorial jurisdiction of Revenue
Court.

Village Officer / Lambardar

Introduction:
The Headman of a village community is called Lambardar. He is appointed by the District
Revenue Officer / District Collector in a village. The duties of Lambardar are to collect and
supervise the collection of revenue of an estate. He is the representative of village community
and a link between the government and public.
Meaning of Lambardar
For the purpose of the collection of the rents, revenues and other sums, a person is appointed
by the Government who is known as Lambardar.
Definition of Lambardar
“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, Zabits,
Kotars or Tapedars, Peons, Arbabs, Rais and Headman (Lambardar).
General Definition:
Lambardar is the leading personality of the village tribe / community. Lambardar is the chief
of the tribe // community who is the head of tribe/community.
Classification of Village Officers
i. Headman or Lambardar
ii. Kanungos
iii. Patwaris
iv. Zabits
v. Kotars
vi. Tapedar’s peon
vii. Arbabs
viii. Rais
Appointment of Lambardar
The right to be appointed as Lambardar is not vested right. Any person can be selected for the

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 appointment as Lambardar in an estate by the revenue authorities.
Duties of Lambardar
The duties of Lambardar are as under:
I. Collection of Land Revenue
A headman shall collect, by due date, the land revenue and all sums recoverable as land
revenue from the estate or sub division of the estate in which he holds office.
II. Collection of Rents and Profits
A headman shall collect the rents, profits and other income of the common land and accounts
for these to the persons entitled thereto.
III. Rendition of Accounts
The Lambardar has to render accounts. Check and Balance of the accounts is the duty of
Lambardar.
IV. Receipt of Collection of Land Revenue
A headman shall issue receipts to the Land owners and others in token of having recovered
the Government dues from them.
V. Obedience of Orders of Superior of Revenue Officers
A headman shall implement to the best of his ability, any orders that he may receive from the
Collector requiring him to furnish information or to assist in providing on payment supplies
or means of transport for troops or for officers of government on duty.
VI. Assistance of Revenue Officer (Collector)
A headman shall assist, in such manner as the collector may from to time direct, at all crop
inspections, recording of mutations, surveys, preparation of record of rights or other revenue
business within the estate.
VII. Information about Commission of Crime
Lambardar has to inform the government about any crime in his estate.
VIII. Establishment for the cordiality among the co-villagers
Lambardar has to make all reasonable efforts to maintain the stability or cordiality among the
co-villagers of an estate.
IX. Report regarding the Encroachment
A headman shall report to the Tehsildar all encroachments on roads (including village roads)
or on government’s waste lands and injuries to or appropriation of Government property
situated within the estate.
X. Report of injury to public buildings
A headman shall report any injury to public buildings in the estate.
XI. Duty to report Death or Outbreak of Disease
A headman shall report to the Patwari the death / disease of any rights holders in the estate, or
sub division of the estate in which he holds office.
XII. Duty to report absence of a person
In addition to the duties imposed upon headman under any other law, a headman shall report
absence of a person.
XIII. Assistance to Postman
It is the duty of village officer to help postman of the village in case of need.
XIV. Care of Government Properties
The village officer should take care of the government properties.
XV. Any other Duty
He has to perform any other duties assigned to him by the government temporarily or
permanently.
Conclusion:
To conclude, that Lambardar is the leading personality of village, tribe or community and to
perform important duties assigned to him by the government. It is the duty of Lambardar to
collect land revenue and to make the payment to the government. He plays a very important
role in the land administration.

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 Pre-Emption
Introduction:
The technical Arabic term for its Anglo-Muhammadan equivalent “per-emption” is “Shuffa”,
which literally means “adding” or “preference”.
Pre-emption is village communities in British India and its origin in the Muhammadan Law
as to pre-emption and was apparently unknown in India before the time of the Mughal rulers.
In the course of time, customs of pre-emption grew up or were adopted among village
communities. The right of pre-emption arises on purchase of property by one person before
an opportunity is offered to others. This right arises only on a complete sale. The right of pre-
emption does not arise out of gift, sadaqah, waqf, inheritance, bequest or a lease.Exchange
Definition of Pre-emption:
“Right of Pre-emption” means a right to acquire by purchase an immovable property in
preference to other persons by reason of such right.
According to Mulla:
The right of pre-emption is a right which the owner of an immovable property possesses to
acquire by purchase another immovable property which has been sold to another person.
Features of Right of Pre-emption
Following are the features of Right of Pre-emption:
I. A Weak Right
As well as property is concerned the right of pre-emption is a weak right comparing it with
other rights.
II. Personal Right
The right of pre-emption is a personal right and it cannot be transferred to other persons. The
right of pre-emption cannot be claimed on behalf of another person.
III. Substantive Right
If there is a property of which there are two joint owners. If the property is sold by one owner
without the consent of other, then in such situation the other owner has both the substantive
and remedial rights. He has the remedial right because he was the joint owner. He also has
the substantive right because there is apprehension of harm to be caused by the new owner to
him. Such new owner may also cause obstacles in the enjoyment of his rights.
IV. Substitutive Right
The pre-emption is not a right of a re-purchase rather it is a right of substitution.
V. Pre-emptor to take whole bargain
A pre-emptor is not entitled to claim a part of the property where the whole property is being
sold. He will have to purchase the whole of the property.
VI. Preferential Right
A person whose property is attached to the property to be sold one has the preference on the
stranger purchaser of the property.
Main Objects / Purposes of Pre-Emption
Following are the main objects/purposes of the pre-emption:
I. Preservation of Values
The purpose of the pre-emption is the maintenance and the uplift of the existing values in a
particular area.
II. Maintenance of Society
Another object of the pre-emption is the maintenance of the decorum of the society.
III. Protection of Privacy
A very important purpose of the right of pre-emption is the protection of the privacy of the
area; the strangers may harm the privacy of the society.
IV. Integrity of Village
For the integrity of the village, it is necessary that the outsiders should not be allowed to enter
the village permanently. Hence, for the preservation of the villages, the village communities
exercise the right of pre-emption.

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 V. Discouragement to Strangers
The other main purpose of the right of pre-emption is to discourage the strangers to purchase
the property as it is likely to create disturbance in the area.
VI. Respect to Neighborhood
The right of pre-emption aims at the respect to neighborhood.
Persons Entitled to Claim / Exercise Right of Pre-emption
Following are three classes of categories of person who are entitled to claim / exercise right
of pre-emption:
a) Shafi-Sharik
b) Shafi-Khalit
c) Shafi-Jar
1) Shafi-Sharik
Shafi-Sharik means a person who is a co-owner in the corpus of the undivided immovable
property sold. Shafi-Sharik is pre-emptor by right of coparcenary. (Joint Share Holder)
2) Shafi-Khalit
Shafi-Khalit means a participator in special rights attached to immovable property sold. Such
as right of passage, right of passage of water or right of irrigation
3) Shafi-Jar
Shafi-Jar means a person who has a right of pre-emption because of owing an immovable
property adjacent to the immovable property sold.
Demand of Pre-Emption:
There are certain requirements 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.
Person entitled to make Demands:
Following are persons who are entitled to make demand:
i. Pre-emptor himself
ii. Pre-emptor can make demand through his authorized agent
iii. Legal or De-facto guardian in case of a minor
Essential Requirements to Demand a Right of Pre-emption
1) Talab-i-Muwathibat (Talab-i-Muwasibat)
 Meaning:
 Jumping Demand
 Talab-i-Muwathibat means immediate demand by a pre-emptor, in the sitting or meeting
(Majlis) in which he has come to know of the sale, declaring his intention to exercise a
right of pre-emption.
 Conditions
i. Talab-i-Muwathibat must be made on the completion of sale.
ii. Talab-i-Muwathibat must be made on knowing of sale.
iii. It should be made in the same sitting in which sale is known to him.
 Number of Witnesses
There is no need of any witness in Talab-i-Muwathibat.
 Essentials for Talab-i-Muwathibat
i. Time for Asserting Claim
The pre-emptor must assert his claim immediately on hearing of the sale but not
before sale.
ii. Whether Witness are required or not
Witnesses are not necessary in the demand of Talab-i-Muwathibat. It is enough if one
says; “I have demanded or do demand pre-emption”.
iii. The Principle
The principle is that the law requires extreme promptness and any laxity will be fatal
to the pre-emptor’s claim.
iv. Necessity of Performance of certain ceremony (Demand in Ceremony)

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 According to Muhammadan Law, the right of pre-emption should be made in the
performance of certain ceremonies prescribed by that law. This demand should be
immediately after the hearing of the sale and any laxity will be fatal to the pre-
emptor’s claim.
e) Time and Date
Mentioning of time, date and place of making 1st demand is mandatory. (2009 MLD
1154)
2) Talab-i-Ishhad
a) Meaning
Talab-i-Ishhad means demand by establishing evidence. It is second demand.
b) Time for Making
The pre-emptor must with the least practicable delay, make a second demand. In making
of second demand there is no particular time. The delay in second demand does not
matter.
c) Reference to 1st Demand
The pre-emptor must refer to his first demand.
d) Presence of Witnesses
A condition of Talab-i-Ishhad is that such demand should be made in the presence of at
least two witnesses. In second demand the presence of two witnesses is mandatory.
e) Presence of Vendor/Vendee
Such demand may be made in the presence of either the vendor or the vendee, or on the
premises.
f) Form of Demand
A common form of the demand is, the pre-emptor may say, “Such a person has bought
such a house of which I am the pre-emptor I have already claimed the privilege of pre-
emption and now I again claim it”.
3) Talab-i-Khusumat
a) Meaning
Talab-i-Khusumat means demand by filing a suit. It is third demand which consists of the
institution of the suit of pre-emption. Application
Conditions:
i. Suit must be filed in the Competent Court
made , suit instituted
ii. It should be made within 120 days of Talab-i-Muwathibat
b) Nature of Third Demand Sec:10 ,Lim
The demand is not a really a demand actbut taking legal action. This demand is not always
necessary.
c) Time for Exercising Third Demand
This demand is exercised when the claim of the pre-emptor is not conceded. In such
situation, the pre-emptor brings a suit for the enforcement of his right.
d) Time Limitation for Suit
The suit must be brought within 120 days of the purchaser taking possession of the
property if it is corporeal or within 120 days of the registration of the instrument of sale,
if incorporeal.

Conclusion:
To conclude that the right of pre-emption is not a right to the thing sold but a right to the offer
of a thing about to be sold. The right of pre-emption arises only in case of complete sale of
immovable property. Furthermore, a pre-emptor has to claim three demands. The first
demand is the talab-i-Muwathibat, which should be made immediately and then second
demand for which presence of two witnesses is mandatory. The third demand is a legal
action. It is clearly said that the right of pre-emption extinguishes, if no demand is made.

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 Short Title

 This Ordinance may be called the West Pakistan Urban Rent Restriction Ordinance,
1959.

Extent

 It extends to all the urban areas in West Pakistan. It is applicable in the province of
Balochistan.

Definitions:
1) Building
Building means any building or part of a building let for any purpose, whether being actually
used for that purpose or not, including any land, godowns, out-houses, together with furniture
let therewith but does not include a room in a Sarai, hotel, hostel or boarding house.
2) Controller
Controller means a judicial officer who is appointed by the Provincial Government to
perform the functions of a Controller under this Ordinance.
3) Landlord
Landlord means any person for the time being entitled to receive rent in respect of any
building or rented land whether on his own account or on behalf or for the benefit of any
other person, or as a trustee, guardian, receiver executor or administrator for any other
person, and includes a tenant who sublets any building or rented land in the manner
hereinafter authorized and every person from time to time deriving title under a landlord.
4) Non – Residential Building
Non-residential building‖ means a building being used solely for the purpose of business or
trade.
5) Rented Land
Rented land means any land let separately for the purpose of being used principally for
business or trade.
6) Residential Building
Residential building means any building which is not a non-residential building.
7) Scheduled Building
Scheduled building‖ means a residential building which is being used by a person engaged in
one or more of the professions specified in the schedule to this Ordinance, partly for his
business and partly for this residence.
8) Tenant
Tenant means any person by whom or on whose account rent is payable for a building or
rented land and includes (a) a tenant continuing in possession after the termination of the
tenancy in his favour and (b) the wife and children of a deceased tenant, but does not include
a person placed in occupation of a building or rented land by its tenant, unless with the
consent in writing of the landlord, or a person to whom the collection of rent or fees in a
public market, cart-stand, or slaughter-house or of rents for shops has been farmed out or
leased by [a Municipal Corporation, a Municipal Committee, Town Committee, the
Provincial Urban Development Board or any authority subordinate to it.
9) Urban Area
Urban area means an area Administered by a Municipal Corporation, a Municipal Committee
or a Town Committee.

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 Determination of Fair Rent
Section 4 (1):
The Controller shall, on an application by the tenant or landlord of a building or rented land,
fix fair rent for such building or rented land after holding such enquiry as the Controller
thinks fit.
Section 4 (2):
The fair rent shall be fixed after taking into consideration the following factors:
a) Comparison of Similarity
The rent of the same building or similar accommodation in similar circumstances
prevailing in the locality during the period of twelve months prior to the date of making
the application.
b) Rise in Construction cost and repairing charges
If the cost of construction has been increased after commencement of tenancy is kept in
view in determination of fair rent. Repairing charges are also considered while fixing the
fair rent.
c) Imposition of New Taxes
Imposition of new taxes after commencement is also considered for the fixation of fair
rent.
d) Rental Value in Governmental Record
Tax Assessment Authority of Taxation Department assesses the rental value of the
residential buildings periodically and enters it into registers. Also local bodies perform
this job. Their registers are also consulted and this consultation helps in fixation of fair
rent.

Section 4 (3):
The fair rent fixed under this section shall be payable by the tenant from a date to be fixed by
the Controller not earlier than the date of filing the application.
Provided that the increase in the rent to be fixed under this section shall not exceed twenty-
five percent of the rent being paid by the tenant on the date of the filling of the application
under sub-section (1).

Section 4 (4):
If the fair rent fixed under sub-section (2) exceeds the rent being paid by the tenant on the
date of the filing of the application under this section, the maximum increase of rent payable
by the tenant shall not be more than 25% of the rent already being paid by him.

Grounds for Eviction of Tenant

Section 13:
Where law provides protection to tenant there provides grounds of his ejectment. Grounds
provided u/s 13, are not fully exhaustive. Rent Controller gives reasonable opportunity to
other party before direction for ejectment. Maximum four months are allowed to tenant for
the eviction from tenancy when Rent Controller passes orders. Following are the grounds
whereby ejectment takes place:

i. Default in payment of rent:

Where agreement for the payment of rent exists, tenant is liable to pay rent on the date
mutually agreed for. Where such agreement does not exist, tenant is bound to pay or tender
rent maximum within sixty days from the last payment of rent. Tenant is liable to pay or
tender rent within fifteen days after the expiry of agreed date.

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 Where tenant fails to pay or tender rent within fifteen days where agreement for the payment
of rent exists or within sixty days where tenancy is oral, he commits default in payment of
rent thus is liable to be ejected.

ii. Unauthorized sub let or sub lease:

Where tenant sub leases or sub lets building without having written permission from landlord
commits violation of law and liable to be evicted.

iii. Inconsistent use of building:

If building is used for the purpose other for which is rented is contravention of the law and is
considerable in eviction of tenant.
For example, building is let for residential purpose but tenant uses it for commercial purpose,
or building is rented out for business purpose but it is being used for illegal business is
inconsistent use of building. Such tenant can be ejected from building.

iv. Damage to building:

Tenant is duty bound to take care of building as ordinary prudence (judgement) man takes
care of his own building. Where tenant commits any act or omission, which causes injury to
building, is good ground for eviction of tenant. If the value of building is diminished in value
or utility makes ground for ejectment.

v. Causing nuisance:
Tenant has to reside peacefully in rented building. If his any act causes nuisance to other
neighbors renders him to eject.

vi. Failure to occupy within four months:

Tenant is responsible to occupy rented building within four months from the date of
agreement. This rule is applicable in all the areas other than of hill station. When tenant
commits default in occupancy within stipulated period, he becomes liable of ejectment. His
payment of rent for the non-occupancy period becomes immaterial. Occupancy within four
months is mandatory under law. Tenant may advance reasonable cause for such commission
of failure.

vii. Reconstruction of building:

Landlord may require rented building for rebuilding or reconstruction. Requirement of
landlord must be bona-fide including permission from concerned authorities. House cannot
be demolished for reconstruction in the presence of tenant. When Rent Controller satisfies,
then he orders for the ejectment of tenant.

viii. Due payments against amenities:

Payment of electricity or water or both by tenant is liability of tenant if provided under Rent
Note. They are deemed as rent. Commission of default in the payments of such amenities is
as default as in the payment of rent is. It may also cause ejectment.
3 (a) A landlord may apply to the Controller for an order directing the tenant to put the
landlord in possession —
i. In the case of a residential building, if —
a) he requires it in good faith for this own occupation or for the occupation of any of his
children;

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 b) he is not occupying another residential building, suitable for his needs at the time, in
the same urban area in which such building is situated; and
c) he has not vacated such a building without sufficient cause after the commencement
of this Ordinance in the said urban area;
ii. in the case of a non-residential building or a scheduled building or rented land, if –
a) he requires it in good faith for this own use or for the use of any of his children;
b) he or his said child is not occupying in the same urban area in which such building is
situated for the purpose of his business any other such building or rented land, as the
case may be, suitable for his needs at the time; and
c) he has not vacated such a building or rented land without sufficient cause after the
commencement of this Ordinance, in the said urban area.

Repossession of landlord:
Where application is decided in favour of landlord, Court gives reasonable time to tenant for
eviction. This time period may be given either in parts or in full, but in any circumstances it
shall not exceed than four months.

Order of Rent Controller:

Satisfaction of Rent Controller for the purpose of ejectment of tenant in favour of landlord is
necessary. Where Rent Controller is dissatisfied, he rejects the application of landlord for
ejectment. Satisfaction of Rent Controller for bona-fide need on the part of landlord is basic
element of order.

Repossession after eviction upon non-occupancy –

Where building either residential or non-residential is got vacated on any ground for himself
or for any of his children, landlord is bound by law, not only to possess but also to occupy the
same within one month. Failure to possess and occupy within one month, previous tenant
may file an application to Rent Controller for repossession of the evicted building. Rent
Controller shall make order accordingly.

Repossession upon re-let after occupancy –

Not only landlord has to posses and occupies evicted building or land within one month, but
also he has not to re-let the same within two months after occupation. Violation of the rule
leads to evicted tenant to apply for restoration of possession in his favour.

Punishment upon non-demolition u/s 13(5):

Where landlord has got vacated the building for the purpose of reconstruction, he becomes
liable to demolish the same building within four months after taking its possession. He also
has to rebuild the same building within two years after its demolition within four months.
Violation of this rule leads him to punishment of either description for a term, which may
extend to six months or with fine or with both.

Jurisdiction of Rent Controller

Jurisdiction meant the authority to decide. Concept of jurisdiction of a court encompassed
territorial jurisdiction, pecuniary jurisdiction and subject matter jurisdiction.

Jurisdiction of Civil Court

Jurisdiction of Civil Court is dependent on the plea of tenancy raised by defendant. If he is
proved to be tenant, jurisdiction of the Civil Court is ousted.

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 Property situated in Cantonment Areas
Property situated within cantonment limits, where Cantonment Restriction Act, 1963, was
applicable and the rent controller exercised by cantonment board could only exercise
jurisdiction under the law. Jurisdiction exercised by Rent Controller and Appellate Court
under West Pakistan Urban Rent Restriction Ordinance, 1959 have no legal efficacy.

Inherent Jurisdiction
Rent Controller can enjoy its inherent powers to set aside exparte order even there is no such
provision in WPURRO, 1959.

Procedure to be adopted by Rent Controller

i. Affidavit of not more than two witnesses in support of the eviction application in
addition to the Affidavit of the applicant and Respondent.
ii. The parties shall be bound to produce their witnesses for Cross-Examination when the
Court directs the parties.
iii. A party obtaining the affidavits of the witnesses, shall produce before Court for Cross-
Examination and in case of failure to so, their evidence shall be excluded from
consideration.

Removal of Super Structure

The eviction would include removal of the superstructure also, therefore, the Rent Controller
has jurisdiction to direct demolition of the superstructure and vacate the site.

Grant of Reasonable Time for Vacation

It is the discretion of the Rent Controller to allow such a time, as he deems reasonable to the
Tenant for vacation of the suit premises. Such a discretion would not ordinarily be interfered
by the High Court.

Mode of Tender of Rent

The West Pakistan Urban Rent Restriction Ordinance, 1959, enjoins upon the tenant to pay a
tender rent to the landlord. If a landlord chooses not to accept the rent so tendered, the tenant
cannot be made to suffer for such conduct on the pact of landlord.

1) Tender through Money Order

The presumption regarding tender of these money orders to the landlord and refusal thereof;
tenant is obliged to call postman to prove that money order was refused by landlord when
offered, tender of rent to landlord duly proved by postman.

2) Tender of rent by Cheques

Tender of rent by Cheque with statutory period absolves the tenant of being willful defaulter
in payment of rent.

3) Remittance of Rent on Wrong Addresses

Default accruing due to remittance of rent on wrong address; Finding of courts below that
mistake could have been avoided and as if involved negligence and want of due care and
caution could not be ignored. (1982 SCMR 920)

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4) Deposit of Rent without Mentioning the Name of Landlord
Deposit of rent in treasury without mentioning the name of landlord in Challan form, is not
proper tender.

5) Remittance of Rent through Attorney

Remittance of rent through attorney is a legal tender.

Termination of Eviction Application

Title and Landlord
Rent Controller is not bound in every case to dismiss eviction application of Landlord for the
reason that title of Landlord had been challenged or any party has claimed that there is no
relationship of Landlord and tenant. Rent Controller is duty bound to properly evaluate
material which has come in evidence or has been brought on record.

Mistake of Description
Mistake of description of property wherefrom eviction of tenant is brought, can be considered
at any stage as such numerical figure, shop number, khasra number etc.

Plan of House not Filed

Such a mistake can be rectified at any time before the disposal of the Application.

Record of Rights
Introduction:
The record of right is a collection of various revenue papers regarding an estate. Record of
right provides various information about a particular land. The assessment of land revenue
payable, disputes regarding land are determined in the light of it determination.

Object of Record of Rights:

The primary object of Record of rights is the collection of land revenue from the person who
is responsible to pay such amount to the government under the Land Revenue Act.

Documents included in Record of Rights

The Record of Rights for an estate shall include the following documents, namely:

a) Statements showing
i. Register of the Names of Land Owner and Tenant
The persons who are land-owners, tenants or who are entitled to receive any of the
rents, profits or produce of the estate or to occupy land therein;
ii. Nature and Extent of the interests of those Person
The nature and extent of the interests of those persons, and the conditions and
liabilities attaching thereto; and
iii.Rents
The rent, land-revenue, rates, cesses or other payments, due from and to each of those
persons and government
b) Statement of Customs (Wajib – ul – Arz)

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 A statement is prepared in which the customs regarding rights and liabilities of the
landowner and tenant are mentioned. Wajib- ul- Arz is a statement in which customs and
administrative position of a village is described.
c) Map of the Estate (Shajra Kishtwar)
Map of the estate is also included in record of rights. It describes the location and
measurement of the field.
d) Other Documents
Such other documents as the Board of Revenue may with the previous approval of
Government prescribe.
i. Khewat
ii. Khatuni
iii. Lambardar / Tapedar
iv. Owner with Description
v. Cultivation with Description
vi. Irrigation
vii. Field Number
viii. Area
ix. Rent paid by Cultivation

Column No.1
Khewat Number
 Owner
 Khatedar
 Malik
 Holding
The first column is the Khewat number or number khewat. The word Khewat and Khaata are
the vernacular equivalent of term “holding”. The No.Khewat Malik (Khatedar) is the number
given to an owners holding. It is the number of owner/owners of land. It is written by black
ink. This number is subject to change in next jamabandi. Sometimes a number in red ink is
mentioned in this column, it is the number of khewat in last jamabandi mentioned for
reference only.
a) Khud Kasht
Owners holding in the order in which their names are given in the Genealogical tree
(Shajra Nasab). The individual holding of owners are arranged prior to their joint
holdings.
If the owner himself is cultivating the land by himself it will be mentioned as “khud
kasht” but if there is not cultivated land it will be mentioned as “Maqbooza Malik”.
b) Tenant
A mortgagee in actual possession and paying land revenue as given a khewat number.
If the land has been given on tenancy, the name of tenant shall be mentioned in the
second bracket which is khatuni.
c) Jum
If there is any common (Shamilat) land belonging to all the owners of patti, taraf, khel or
jum. It is entered in a separate khewat of the individual and joint owner of that patti, taraf,
khel or jum. Similarly common (Shamilat) land belonging to all the owners of the estate
is entered in a separate khewat after the khewat of the individual and joint owners of the
estate.
d) Government, Town Committee
After the khewat of common (Shamilat) land, the land owned by Municipal Committee or
Town Committee, etc, district council, provincial government and central government
should be entered.
The ownerless property will be considered as property of the government. Mines,
minerals are central government’s property.

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e) Khewat of Abadi Deh
The khewat of Abadi Deh land which is occupied as inhabited site of a town or a village
is entered at the end.
Column No. 2
Khatauni Number
The second column of jamabandi is Khatauni Number or Number Khatauni. It is the number
of possessioner or cultivator of land. It relates to the No. Khatauni cultivator (Kashtkar) is the
No. of the holding of the tenant or of the person responsible for the cultivation.
The Khatauni holding within each khewat is arranged in the following order:
a) The holding, if any, cultivated by the land owner himself (Khudkasht).
b) The holding, if any, cultivated by the land owner through tenant at will.
c) The holding of occupancy tenant, if any, cultivated by the occupancy tenant himself.
Column No.3
Name of Owner with Description
In an estate, where the common (Shamilat) land exists, the owner who has no share in
common (Shamilat) land is shown as Malik Kabza, and the person who has no land but has a
right in a common land which is shown as right holder in common land (Haqdar Shamilat).
Column No.4
Name of Cultivator with Description
i. Cultivating Owners
ii. Occupancy Tenants under the Tenancy Act
iii. Field Workers
Column No.5
Khasra Number, Index Number, Survey Number and name, if any;
The term “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.
Column No.6
Area and Soil
Area and Soil classification of each number and total khatauni cultivator and khewat malik
Column No.7
Source of Irrigation
Source of Irrigation including name of well, Rijbah etc
Column No.8
Rent Paid by Cultivator, rate and demand
The term “Rent” means wherever is payable to Landlord in money or kind by a tenant on
account of use or occupation of land by him. It is called “Lagan”.

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