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<![CDATA[VU Help - Special and Local Law llb part 2]]> https://vuhelp.net/ Thu, 29 Oct 2026 00:32:07 +0000 MyBB <![CDATA[The Punjab Land Revenue Act 1967]]> https://vuhelp.net/Thread-The-Punjab-Land-Revenue-Act-1967 Tue, 02 Jul 2013 22:02:14 -0400 mahmood1122]]> https://vuhelp.net/Thread-The-Punjab-Land-Revenue-Act-1967 <![CDATA[Some Important Acts-----------------------------Land Revenue Act (Punjab)------------]]> https://vuhelp.net/Thread-Some-Important-Acts-Land-Revenue-Act-Punjab Mon, 29 Oct 2012 09:02:18 -0400 ahmad4212]]> https://vuhelp.net/Thread-Some-Important-Acts-Land-Revenue-Act-Punjab
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AS-ISProcess.pdf (Size: 138.95 KB / Downloads: 823) ]]> <![CDATA[The punjab board of revenue act, 1957]]> https://vuhelp.net/Thread-The-punjab-board-of-revenue-act-1957 Mon, 29 Oct 2012 07:34:24 -0400 ahmad4212]]> https://vuhelp.net/Thread-The-punjab-board-of-revenue-act-1957

[FONT=&quot]THE[/FONT][FONT=&quot] [/FONT][FONT=&quot]PUNJAB[/FONT][FONT=&quot] [/FONT][FONT=&quot]BOARD OF REVENUE ACT, 1957[/FONT][FONT=&quot][/FONT]

[FONT=&quot](W.P. Act XI of 1957)[/FONT][FONT=&quot][/FONT]

[FONT=&quot]C O N T E N T S[/FONT][FONT=&quot][/FONT]

[FONT=&quot]SECTIONS[/FONT][FONT=&quot][/FONT]
[FONT=&quot] 1. Short title, extent and commencement.[/FONT]
[FONT=&quot] 2. Definitions.[/FONT]
[FONT=&quot] 3.[/FONT][FONT=&quot] Constitution of a Board of Revenue.[/FONT]
[FONT=&quot] 4.[/FONT][FONT=&quot] Superintendence and control of Revenue Officers and Revenue Courts.[/FONT]
[FONT=&quot] 5.[/FONT][FONT=&quot] Powers of the Board.[/FONT]
[FONT=&quot] 6.[/FONT][FONT=&quot] Conduct of business.[/FONT]
[FONT=&quot] 7.[/FONT][FONT=&quot] Revision of orders by the Board.[/FONT]
[FONT=&quot] 8.[/FONT][FONT=&quot] Review of orders by the Board.[/FONT]
[FONT=&quot] 9.[/FONT][FONT=&quot] Power to make rules.[/FONT]
[FONT=&quot] 10.[/FONT][FONT=&quot] Savings and validation.[/FONT]
[FONT=&quot] 11.[/FONT][FONT=&quot] Repeal of West Pakistan Ordinance XII of 1956 and continuance of action taken thereunder.[/FONT]
[FONT=&quot] [/FONT]

[FONT=&quot][1][/FONT][FONT=&quot]THE[/FONT][FONT=&quot] [/FONT][FONT=&quot][2][/FONT][FONT=&quot][PUNJAB] BOARD OF REVENUE ACT, 1957[/FONT][FONT=&quot][/FONT]

[FONT=&quot](W.P. Act XI of 1957)[/FONT][FONT=&quot][/FONT]

[FONT=&quot][28 February 1957][/FONT]

[FONT=&quot]An Act to provide for the constitution of a Board of Revenue for [/FONT][FONT=&quot][3][/FONT][FONT=&quot][the Punjab][/FONT][FONT=&quot][/FONT]

[FONT=&quot]Preamble.—[/FONT][FONT=&quot] WHEREAS it is expedient to provide for the constitution of a Board of Revenue for [4][the Punjab]:[/FONT]
[FONT=&quot] It is hereby enacted as follows:-[/FONT]
[FONT=&quot]1. Short title, extent and commencement.—[/FONT][FONT=&quot] (1) This Act may be called [5][the Punjab] Board of Revenue Act, 1957.[/FONT]
[FONT=&quot] [6][(2) It extends to the whole of the Province of [7][the Punjab] except the Tribal Areas.][/FONT]
[FONT=&quot] (3) It shall be deemed to have come into force on and from the 14th day of October, 1955.[/FONT]
[FONT=&quot]2. Definitions.—[/FONT][FONT=&quot] Unless there is anything repugnant in the subject or context—[/FONT]
[FONT=&quot] (i) “Board” means the Board of Revenue established under this Act;[/FONT][FONT=&quot][/FONT]
[FONT=&quot] (ii) “Government” means the Government of [8][the Punjab]; and[/FONT]
[FONT=&quot] (iii) “Member” means a member of the Board of Revenue established under this Act.[/FONT]
[FONT=&quot]3. Constitution of a Board of Revenue.—[/FONT][FONT=&quot] (1) There shall be a Board of Revenue for [/FONT][FONT=&quot][9][/FONT][FONT=&quot][the Punjab] which shall consist of such Members as may be appointed by the Government from time to time.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] (2) The Government may, whenever considered necessary or expedient, appoint or remove a Member.[/FONT]
[FONT=&quot]4. Superintendence and control of Revenue Officers and Revenue Courts.—[/FONT][FONT=&quot] (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, but subject to the provisions of sub-section (2), and to any orders of the Government with respect to the appointments and conditions of service of Revenue Officers, the general superintendence and control over all Revenue Officers and Revenue Courts in West Pakistan[10] shall vest in, and all such officers, in so far as their functions as Revenue Officers are concerned, shall be subordinate to the Board.[/FONT]
[FONT=&quot] (2) The Board shall be subject to the control of the Government, and in all matters, other than those in which the Board exercises appellate and revisional jurisdiction, the Government shall have power to issue such directions to the Board as may be considered necessary or expedient and the Board shall carry out those directions.[/FONT]
[FONT=&quot]5. Powers of the Board.—[/FONT][FONT=&quot] (1) The Board shall be the controlling authority in all matters connected with the administration of land, collection of land revenue, preparation of land records and other matters relating thereto.[/FONT]
[FONT=&quot] (2) The Board shall be the highest court of appeal and revision in revenue cases in the Province.[/FONT]
[FONT=&quot] (3) All proceedings relating to any of the matters referred to in sub-sections (1) and (2) which immediately before the date of coming into force of this Act, were pending before the final appellate or revisional authority of any Province, State or other territory or area which has been included in the Province of West Pakistan[11], shall stand transferred to the Board.[/FONT]
[FONT=&quot]6. Conduct of business.—[/FONT][FONT=&quot] (1) Subject to the approval of the Government, the Board may distribute its business amongst its members and may, by rules, regulate the procedure of all proceedings before it.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] (2) Any order made or a decree passed by a Member shall be deemed to be the order or decree of the Board.[/FONT]
[FONT=&quot] (3) Where in a case which the Members of the Board are required to dispose of collectively, in accordance with the rules framed under this Act, there is a difference of opinion amongst the Members as to the decision to be given on any point—[/FONT]
[FONT=&quot] (a) it shall be decided according to the opinion of the majority of Members if there is such a majority; and[/FONT]
[FONT=&quot] (b) if the Members are equally divided, the Members shall state the point on which they differ and the case shall then be heard, on that point, collectively by those Members who heard it and by another Member, and if there is no such Member, by an additional Member to be appointed by the Government for the purpose of that case, and then the point on which there is the difference of opinion shall be decided according to the opinion of the majority of all such Members.[/FONT][FONT=&quot][/FONT]
[FONT=&quot]7. Revision of orders by the Board.—[/FONT][FONT=&quot] (1) Any order made or a decree passed by a Member either on appeal or in revision shall, subject to any order made or decree passed under the provisions of sub-sections (2) and (3) of this section and of section 8, be final.[/FONT]
[FONT=&quot] (2) Any person considering himself aggrieved by an order made or a decree passed by a Member, in such class of cases as may be specified in the rules framed under section 9 of this Act, may apply to the Board for revision of such order or decree, and if the Full Board considers that there are sufficient reasons for doing so, it may revise that order or decree and pass such further order as it may think fit after hearing the applicant:[/FONT][FONT=&quot][/FONT]
[FONT=&quot] Provided that no revision shall lie to the Full Board against an order made or a decree passed by a Member in exercise of the revisional jurisdiction.[/FONT]
[FONT=&quot] Explanation[/FONT][FONT=&quot]— “Full Board” shall mean two or more Members of the Board, as may be determined by the rules.[/FONT]
[FONT=&quot] (3) Every application under sub-section (2) for revision of an order or decree shall be made within a period of ninety days from the date of that order or decree.[/FONT]
[FONT=&quot]8. Review of orders by the Board.—[/FONT][FONT=&quot] (1) Any person considering himself aggrieved by a decree passed or order made by the Board and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or the order was made , or on account of some mistake or error apparent on the face of the record [/FONT][FONT=&quot][12][/FONT][FONT=&quot][or for any other sufficient reason] desires to obtain a review of the decree passed or order made against him, may apply to the Board for a review of judgment and the Board may, after giving notice to the parties affected thereby and after hearing them, pass such decree or order as the circumstances of the case require.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] (2) Every application for a review of a decree or order under sub-section (1) shall be made within ninety days from the date of that decree or order.[/FONT]
[FONT=&quot]9. Power to make rules.—[/FONT][FONT=&quot] (1) The Board may, subject to the prior approval of the Government, make rules for the purpose of carrying into effect the provisions of this Act.[/FONT]
[FONT=&quot] (2) Without prejudice to the generality of the power conferred by sub-section (1), the Board may make rules for all or any of the following purposes, namely:-[/FONT]
[FONT=&quot] (i) the procedure to be followed in any proceedings taken before a Revenue officer or Court;[/FONT]
[FONT=&quot] (ii) to prescribe the forms, manner and subject in, or on which any returns or information about any cases or class of cases or proceedings or other matters shall be submitted by a Revenue Officer or Court to the Board or to any other authority;[/FONT]
[FONT=&quot] (iii) to prescribe the authorities or the officers by whom any particular cases or class of cases generally, or with respect to any particular locality, shall be dealt with;[/FONT]
[FONT=&quot] (iv) to provide for the territorial and pecuniary limits of jurisdiction of the various Revenue Courts; and[/FONT]
[FONT=&quot] (v) to specify the class of cases in which a revision under sub-section (2) of section 7 shall lie to the Board.[/FONT]
[FONT=&quot]10. Savings and validation.—[/FONT][FONT=&quot] (1) Notwithstanding the expiry of the West Pakistan (Board of Revenue) Ordinance, 1955, everything done, action taken, obligation, liability, penalty, or punishment incurred, inquiry or proceedings commenced, Member appointed or person authorized, jurisdiction or power conferred, rules made and order issued under any of the provisions of the said Ordinance shall be continued, and, so far as may be, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorized, conferred, made or issued under this Act.[/FONT]
[FONT=&quot] (2) Everything done, action taken, obligation, liability or penalty incurred, inquiry or proceedings commenced, Member appointed or person authorized, jurisdiction or power conferred, rules made and order issued after the date of expiry of the West Pakistan (Board of Revenue) Ordinance 1955, and before the 15th day of August, 1956, which could have been done, taken, incurred, commenced, appointed, authorized, conferred, made or issued under the said Ordinance if it had been in force during the said period shall be continued and, so far as may be, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorized, conferred, made or issued under this Act.[/FONT][FONT=&quot][/FONT]
[FONT=&quot]11. Repeal of West Pakistan Ordinance XII of 1956 and continuance of action taken thereunder.—[/FONT][FONT=&quot] (1) The West Pakistan Board of Revenue Ordinance, 1956[13], is hereby repealed.[/FONT]
[FONT=&quot] (2) Notwithstanding the repeal of the West Pakistan Board of Revenue Ordinance, 1956[/FONT][FONT=&quot][14][/FONT][FONT=&quot], or any judgment, decree or order of any Court, Tribunal or other Authority, everything done, action taken, obligation, liability or penalty incurred inquiry or proceedings commenced, Member appointed or person authorized, jurisdiction or power conferred, rules made and order issued under any of the provisions of the said Ordinance, shall be continued and, so far as may be, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorized, conferred, made or issued under this Act.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot][1][/FONT][FONT=&quot]This Act was passed by the West Pakistan Assembly on 6th Feb., 1957; assented to by the Governor of West Pakistan on 23rd Feb., 1957; and, published in the West Pakistan Gazette (Extraordinary), dated 28th Feb., 1957, pages 363-67.[/FONT]
[FONT=&quot][2][/FONT][FONT=&quot]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for “West Pakistan”.[/FONT]
[FONT=&quot][3][/FONT][FONT=&quot]Ibid.[/FONT][FONT=&quot][/FONT]
[FONT=&quot][4][/FONT][FONT=&quot]Ibid.[/FONT][FONT=&quot][/FONT]
[FONT=&quot][5][/FONT][FONT=&quot]Ibid.[/FONT][FONT=&quot][/FONT]
[FONT=&quot][6][/FONT][FONT=&quot]Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964).[/FONT]
[FONT=&quot][7][/FONT][FONT=&quot]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for “West Pakistan”.[/FONT]
[FONT=&quot][8][/FONT][FONT=&quot]Ibid.[/FONT][FONT=&quot][/FONT]
[FONT=&quot][9][/FONT][FONT=&quot]Ibid[/FONT][FONT=&quot].[/FONT]
[FONT=&quot][10][/FONT][FONT=&quot]Now “the Punjab”.[/FONT]
[FONT=&quot][11][/FONT][FONT=&quot]Ibid[/FONT][FONT=&quot].[/FONT]
[FONT=&quot][12][/FONT][FONT=&quot]Inserted by the West Pakistan Board of Revenue (Amendment) Act, 1964 (XVIII of 1964).[/FONT]
[FONT=&quot][13][/FONT][FONT=&quot]W.P. Ord. XII of 1956.[/FONT]
[FONT=&quot][14][/FONT][FONT=&quot]Ibid[/FONT][FONT=&quot].[/FONT]]]>

[FONT=&quot]THE[/FONT][FONT=&quot] [/FONT][FONT=&quot]PUNJAB[/FONT][FONT=&quot] [/FONT][FONT=&quot]BOARD OF REVENUE ACT, 1957[/FONT][FONT=&quot][/FONT]

[FONT=&quot](W.P. Act XI of 1957)[/FONT][FONT=&quot][/FONT]

[FONT=&quot]C O N T E N T S[/FONT][FONT=&quot][/FONT]

[FONT=&quot][1][/FONT][FONT=&quot]THE[/FONT][FONT=&quot] [/FONT][FONT=&quot][2][/FONT][FONT=&quot][PUNJAB] BOARD OF REVENUE ACT, 1957[/FONT][FONT=&quot][/FONT]

[FONT=&quot](W.P. Act XI of 1957)[/FONT][FONT=&quot][/FONT]

[FONT=&quot][28 February 1957][/FONT]

[FONT=&quot]An Act to provide for the constitution of a Board of Revenue for [/FONT][FONT=&quot][3][/FONT][FONT=&quot][the Punjab][/FONT][FONT=&quot][/FONT]

[FONT=&quot]THE PUNJAB LAND REVENUE ACT, 1967[/FONT][FONT=&quot][/FONT]

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).]]>

[FONT=&quot]THE PUNJAB LAND REVENUE ACT, 1967[/FONT][FONT=&quot][/FONT]

[FONT=&quot]Duties of Revenue Officers/ Officials[/FONT]

[FONT=&quot]The followings points describe the duties of revenue officers and officials.[/FONT]

[FONT=&quot]Member [/FONT][FONT=&quot](Revenue) is the Chief Controlling Authority for revenue matters in the Province[/FONT]
[FONT=&quot]Commissioner [/FONT][FONT=&quot]is appointed by the Government for each Division and exercises control over all the Revenue Officers and Courts in his division[/FONT]
[FONT=&quot]Deputy Commissioner[/FONT][FONT=&quot] is appointed by the Government for each district. He is vested with the ex-officio powers of Collector of the district. All Revenue Officers and Revenue Courts in the district are subject to his control and superintendence[/FONT]
[FONT=&quot]Assistant Commissioner[/FONT][FONT=&quot] exercises the powers of the sub-divisional Collector[/FONT]
[FONT=&quot]Tehsildar[/FONT][FONT=&quot] is vested with the powers of Assistant Collector, 1st grade[/FONT]
[FONT=&quot]Naib-Tehsildar[/FONT][FONT=&quot] is vested with the powers of Assistant Collector, 2nd grade[/FONT]
[FONT=&quot]Kanungo[/FONT][FONT=&quot] supervises the work of the Patwaris in the Kanungoi[/FONT]
[FONT=&quot]Patwari[/FONT][FONT=&quot] is the lowest functionary of the Revenue department. He maintains and updates the records pertaining to his Patwar Circle[/FONT]
[FONT=&quot]Patwari [/FONT][FONT=&quot]carries out field survey/crop inspection twice a year in the months of March (Rabi) and October (Kharif)[/FONT]
[FONT=&quot]Lambardar[/FONT][FONT=&quot] or headman is a person who is appointed by the District Collector under the Land Revenue Act 1967. His duties include collection of land taxes of an revenue estate (mauza)[/FONT]

]]>

[FONT=&quot]Duties of Revenue Officers/ Officials[/FONT]

[FONT=&quot]The followings points describe the duties of revenue officers and officials.[/FONT]

[FONT=&quot]Member [/FONT][FONT=&quot](Revenue) is the Chief Controlling Authority for revenue matters in the Province[/FONT]
[FONT=&quot]Commissioner [/FONT][FONT=&quot]is appointed by the Government for each Division and exercises control over all the Revenue Officers and Courts in his division[/FONT]
[FONT=&quot]Deputy Commissioner[/FONT][FONT=&quot] is appointed by the Government for each district. He is vested with the ex-officio powers of Collector of the district. All Revenue Officers and Revenue Courts in the district are subject to his control and superintendence[/FONT]
[FONT=&quot]Assistant Commissioner[/FONT][FONT=&quot] exercises the powers of the sub-divisional Collector[/FONT]
[FONT=&quot]Tehsildar[/FONT][FONT=&quot] is vested with the powers of Assistant Collector, 1st grade[/FONT]
[FONT=&quot]Naib-Tehsildar[/FONT][FONT=&quot] is vested with the powers of Assistant Collector, 2nd grade[/FONT]
[FONT=&quot]Kanungo[/FONT][FONT=&quot] supervises the work of the Patwaris in the Kanungoi[/FONT]
[FONT=&quot]Patwari[/FONT][FONT=&quot] is the lowest functionary of the Revenue department. He maintains and updates the records pertaining to his Patwar Circle[/FONT]
[FONT=&quot]Patwari [/FONT][FONT=&quot]carries out field survey/crop inspection twice a year in the months of March (Rabi) and October (Kharif)[/FONT]
[FONT=&quot]Lambardar[/FONT][FONT=&quot] or headman is a person who is appointed by the District Collector under the Land Revenue Act 1967. His duties include collection of land taxes of an revenue estate (mauza)[/FONT]

]]> <![CDATA[Fixed-Term Tenancy Or Tenancy For Years-Tenants For Fixed Term]]> https://vuhelp.net/Thread-Fixed-Term-Tenancy-Or-Tenancy-For-Years-Tenants-For-Fixed-Term Mon, 29 Oct 2012 07:30:58 -0400 ahmad4212]]> https://vuhelp.net/Thread-Fixed-Term-Tenancy-Or-Tenancy-For-Years-Tenants-For-Fixed-Term

[FONT=&quot]Fixed-Term Tenancy Or Tenancy For Years-Tenants For Fixed Term[/FONT]

[FONT=&quot]A fixed-term tenancy or tenancy for years lasts for some fixed period of time. It has a definite beginning date and a definite ending date. Despite the name "tenancy for years", such a tenancy can last for any period of time—even a tenancy for one week may be called a tenancy for years. At [/FONT][FONT=&quot]Common law[/FONT][FONT=&quot] the duration did not need to be certain, but could be conditioned upon the happening of some event, (e.g., "until the crops are ready for harvest" or "until the war is over"). In many jurisdictions that possibility has been partially or totally abolished[/FONT]
[FONT=&quot]A fixed term tenancy comes to an end automatically when the fixed term runs out or, in the case of a tenancy that ends on the happening of an event, when the event occurs. If a holdover tenant remains on the property after the termination of the lease, s/he may become a tenant at sufferance because the lessor/landlord has suffered (or allowed) the tenant to remain as a tenant instead of evicting him or her. Such a tenancy is generally "at will," meaning the tenant or the landlord may terminate it at any time, upon the providing of proper statutory notice.[/FONT]
Section 40: Grounds of ejectment of tenant for a fixed term.–
A tenant not having a right of occupancy but holding for a fixed term under a contract or a decree or order of competent authority, shall be liable to be ejected from his tenancy at the expiration of that term, and, on any of the following grounds, before the expiration thereof, namely:-
(a) that he has used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he held it;
(b) where rent is payable in kind, that he has without sufficient cause failed to cultivate that land in the manner or to the extent customary in the locality in which the land is situate;
© on any ground which would justify ejectment under the contract, decree or order.
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] Section 41: Ejectment of tenant from year to year.–[/FONT]
[FONT=&quot] A tenant who has not a right of occupancy, and does not hold for a fixed term under a contract or a decree or order of competent authority, may be ejected at the end of any agricultural year.[/FONT]
[FONT=&quot] Procedure on ejectment:[/FONT]
[FONT=&quot] [/FONT][FONT=&quot]Section 42: Restriction on ejectment.–[/FONT][FONT=&quot] [/FONT]
[FONT=&quot]A tenant shall not be ejected otherwise than in execution of a decree for ejectment, except in the following cases, namely:-[/FONT]
[FONT=&quot] (a) when a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied;[/FONT]
[FONT=&quot] (b) when the tenant has not a right of occupancy and does not hold for a fixed term under a contract or a decree or order of competent authority.[/FONT]
[FONT=&quot] 43. Application to Revenue Officer for ejectment.–[/FONT]
[FONT=&quot] In any such case as is mentioned in clause (a) or clause (b) of the last foregoing section, the land-lord may apply to a Revenue Officer for the ejectment of the tenant in the case mentioned in the former clause or for the service on the tenant of a notice of ejectment in the case mentioned in the latter clause.[/FONT]
[FONT=&quot] Section 42: Restriction on ejectment.–[/FONT][FONT=&quot] [/FONT]
[FONT=&quot]A tenant shall not be ejected otherwise than in execution of a decree for ejectment, except in the following cases, namely:-[/FONT]
[FONT=&quot] (a) when a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied;[/FONT]
[FONT=&quot] (b) when the tenant has not a right of occupancy and does not hold for a fixed term under a contract or a decree or order of competent authority.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT][FONT=&quot]43. Application to Revenue Officer for ejectment[/FONT][FONT=&quot].–[/FONT]
[FONT=&quot] In any such case as is mentioned in clause (a) or clause (b) of the last foregoing section, the land-lord may apply to a Revenue Officer for the ejectment of the tenant in the case mentioned in the former clause or for the service on the tenant of a notice of ejectment in the case mentioned in the latter clause.[/FONT]
[FONT=&quot] [/FONT][FONT=&quot]44. Ejectment for failure to satisfy decree for arrear of rent.–[/FONT][FONT=&quot] (1) On receiving the application in any such case as is mentioned in clause (a) of section 42, the Revenue Officer shall, after such inquiry with respect to the existence of the arrear as he deems necessary, cause a notice to be served on the tenant, stating the date of the decree and the amount due thereunder, and informing him that if he does not pay that amount to the Revenue Officer within fifteen days from receipt of the notice he will be ejected from the land.[/FONT]
[FONT=&quot] (2) If the amount is not so paid the Revenue Officer shall, subject to the provisions of this Act with respect to the payment of compensation, order the ejectment of the tenant unless good cause is shown to the contrary.[/FONT]
[FONT=&quot] [/FONT][FONT=&quot]45. Ejectment of tenant from year to year by notice.–[/FONT][FONT=&quot] (1) On receiving the application of the land-lord in any such case as is mentioned in clause (b) of section 42, the Revenue Officer shall, if the application is in order and not open to objection on the face of it, cause a notice of ejectment to be served on the tenant.[/FONT]
[FONT=&quot] (2) A notice under sub-section (1) shall not be served after the fifteenth day of November in any [46][agricultural] year.[/FONT]
[FONT=&quot] (3) The notice shall specify the name of the land-lord on whose application it is issued, and describe the land to which it relates, and shall inform the tenant that he must vacate the land before the first day of May next following, or that, if he intends to contest his liability to ejectment, he must institute a suit for this purpose in a Revenue Court within two months from the date of the service of the notice.[/FONT]
[FONT=&quot] (4) The notice shall also inform the tenant that if he does not intend to contest his liability to be ejected and he has any claim for compensation on ejectment, he should within two months from the date of the service of the notice prefer his claim to the Revenue Officer having authority under the next following sub-section to order his ejectment in the circumstances described in that sub-section.[/FONT]
[FONT=&quot] (5) If within two months from the date of the service of the notice the tenant does not institute a suit to contest his liability to be ejected, a Revenue Officer, on the application of the land-lord, shall, subject to the provisions of this Act with respect to the payment of compensation, order the ejectment of the tenant:[/FONT]
[FONT=&quot] Provided that the Revenue Officer shall not make the order until he is satisfied that the notice was duly served on the tenant.[/FONT]
[FONT=&quot] (6) If within those two months the tenant institutes a suit to contest his liability to be ejected and fails in the suit, the Court by which the suit is determined shall by its decree direct the ejectment of the tenant.[/FONT]
[FONT=&quot] [/FONT][FONT=&quot]46. Power to make rules.–[/FONT][FONT=&quot] The [47][Board of Revenue] may make rules prescribing–[/FONT]
[FONT=&quot] (a) the form and language of applications and notices under the two last foregoing sections; and[/FONT]
[FONT=&quot] (b) the manner in which those applications and notices are to be signed and attested.[/FONT]
[FONT=&quot] General provisions respecting ejectment[/FONT]
[FONT=&quot]47. Time for ejectment.–[/FONT][FONT=&quot] A decree or order for the ejectment of a tenant shall not be executed at any other time than between the first day of May and the fifteenth day of June (both days inclusive), unless the Court making the decree or where the order is made under section 44, the officer making the order, otherwise directs.[/FONT]
[FONT=&quot] [/FONT][FONT=&quot]48. Relief against forfeiture[/FONT][FONT=&quot].– (1) If in a suit for the ejectment of a tenant on either of the grounds mentioned in clauses (a) and (b) of section 39 or of section 40 it appears to the Court that injury caused by the act or omission on which the suit is based is capable of being remedied, or that an award of compensation will be sufficient satisfaction to the land-lord therefor, the Court may, instead of making a decree for the ejectment of the tenant, order him to remedy the injury within a period to be fixed in the order, or order him to pay into Court, within such a period, such compensation as the Court thinks fit.[/FONT]
[FONT=&quot] (2) The Court may from time to time, for special reasons, extend a period fixed by it under sub-section (1).[/FONT]
[FONT=&quot] (3) If within the period, or extended period, as the case may be, fixed by the Court under this section, the injury is remedied or the compensation is paid, a decree for the ejectment of the tenant shall not be made.[/FONT]
[FONT=&quot] [/FONT][FONT=&quot]49. Rights of ejected tenants in respect of crops and land prepared for sowing.–[/FONT][FONT=&quot] [/FONT]
[FONT=&quot](1) Where at the time of the proposed ejectment of a tenant from any land, his uncut or ungathered crops are standing on any part thereof, he shall not be ejected from that part until the crops have ripened and he has been allowed a reasonable time to harvest them.[/FONT]
[FONT=&quot] (2) The Court or Revenue Officer decreeing or ordering the ejectment of the tenant may, on the application of the land-lord, determine any dispute arising in consequence of the provisions of sub-section (1) between the land-lord and tenant or between the land-lord and any person entitled to harvest the crops of the tenant, and may in its or his discretion–[/FONT]
[FONT=&quot] (a) direct that the tenant pays for the longer occupation of the land secured to him under sub-section (1) such rent as may be fair and equitable, or[/FONT]
[FONT=&quot] (b) determine the value of the tenant’s uncut and ungathered crops, and, on payment thereof by the land-lord to the Court or Revenue Officer, forthwith eject the tenant.[/FONT]
[FONT=&quot] (3) When a tenant for whose ejectment proceedings have been taken has, conformably with local usage, prepared for sowing any land comprised in his tenancy, but has not sown or planted crops on that land, he shall be entitled to receive from the land-lord before ejectment a fair equivalent in money for the labour and capital expended by him in so preparing the land, and the Court or Revenue Officer before which or whom the proceedings are pending shall, on the application of the tenant, determine the sum payable to the tenant under this sub-section and stay his ejectment until that sum has been paid to him.[/FONT]
[FONT=&quot] [/FONT]]]> <![CDATA[Mutation,]]> https://vuhelp.net/Thread-Mutation Mon, 29 Oct 2012 07:26:04 -0400 ahmad4212]]> https://vuhelp.net/Thread-Mutation [FONT=&quot]MUTATION[/FONT][FONT=&quot], French law. This term is synonymous with change, and is particularly applied to designate the change which takes place in the property of a thing in its transmission from one person to another; permutation therefore happens when, the owner of the thing sells, exchanges or gives it. It is nearly synonymous with transfer. (q.v.) Merl. Repert. h.t.[/FONT]
[FONT=&quot]Mutation[/FONT][FONT=&quot] refers to recording in the revenue records of transfer of title of the property from one person to another. The mutation in the municipal records is required for the purpose of payment of property taxes and it does not mean a legal title in the name of the property has been mutated in the municipal records.[/FONT][FONT=&quot]

[/FONT][FONT=&quot][/FONT]
[FONT=&quot]Mutation Process[/FONT][FONT=&quot]: A mutation is a change in the agricultural land records. There are [/FONT]
[FONT=&quot]various types of mutations with different transaction characteristics. The mutation process [/FONT]
[FONT=&quot]is a process with many checks and balances. In mutation process, an oral report or [/FONT]
[FONT=&quot]application for mutation in writing is made to the Patwari. The key persons involved in [/FONT]
[FONT=&quot]mutation process are Patwari, Gardawar / Kanungo, and Teshildar or Naib Tehsildar [/FONT]
[FONT=&quot](Revenue Officer). Changes in the recorded rights and interest are managed at the Patwar [/FONT]
[FONT=&quot]level. There are various types of mutations such as sale, gift, mortgaging, lease, and subdivision, and devolution of land[/FONT]]]> [FONT=&quot]MUTATION[/FONT][FONT=&quot], French law. This term is synonymous with change, and is particularly applied to designate the change which takes place in the property of a thing in its transmission from one person to another; permutation therefore happens when, the owner of the thing sells, exchanges or gives it. It is nearly synonymous with transfer. (q.v.) Merl. Repert. h.t.[/FONT]
[FONT=&quot]Mutation[/FONT][FONT=&quot] refers to recording in the revenue records of transfer of title of the property from one person to another. The mutation in the municipal records is required for the purpose of payment of property taxes and it does not mean a legal title in the name of the property has been mutated in the municipal records.[/FONT][FONT=&quot]

[/FONT][FONT=&quot][/FONT]
[FONT=&quot]Mutation Process[/FONT][FONT=&quot]: A mutation is a change in the agricultural land records. There are [/FONT]
[FONT=&quot]various types of mutations with different transaction characteristics. The mutation process [/FONT]
[FONT=&quot]is a process with many checks and balances. In mutation process, an oral report or [/FONT]
[FONT=&quot]application for mutation in writing is made to the Patwari. The key persons involved in [/FONT]
[FONT=&quot]mutation process are Patwari, Gardawar / Kanungo, and Teshildar or Naib Tehsildar [/FONT]
[FONT=&quot](Revenue Officer). Changes in the recorded rights and interest are managed at the Patwar [/FONT]
[FONT=&quot]level. There are various types of mutations such as sale, gift, mortgaging, lease, and subdivision, and devolution of land[/FONT]]]> <![CDATA[What are the guide lines prescribed by the law for the determination of market value]]> https://vuhelp.net/Thread-What-are-the-guide-lines-prescribed-by-the-law-for-the-determination-of-market-value Tue, 11 Sep 2012 09:59:13 -0400 vustudents]]> https://vuhelp.net/Thread-What-are-the-guide-lines-prescribed-by-the-law-for-the-determination-of-market-value Q.What are the guide lines prescribed by the law for the determination of market value of the property.
1. Introduction:
Court is empowered to determine the market value of the property. under Punjab pre- emption act there are sound guidelines for the determination of market value of the property.
2. Relevant provisions:
Sections 27, 28 Punjab pre- emption act.
3. Definition of market value:
The worth of property at the time of sale is market value.
4. Evidence of market value:
The best evidence of market value is price paid.
Case law
PLD 1970 SC 299
It was held if a price is mentioned in the sale deed shown to have been paid by the vendee, the court need not to determine the market value of the property to fix the price.
5. When market value is determined:
According to Sec. 27 (i)
"Where the parties do not agree to the price at which the pre- emptor shall exercise his right of pre- emption, the court shall determine whether the price at which the sale purports to have taken place was fixed in good faith or paid and if it finds that the price was not so fixed or paid, it shall fix the market value of the property as the price to be paid by the pre- emptor.
6. How the market value is determined:
According to Sec. 28 for the purpose of determining the market value of a property the court may consider the following among other matters, as evidence of such value.
(i) The price of value actually received or to be received by the vendor from the vendee.
(ii) The estimated amount of the average annual net profits for the property.
(iii) The value of similar property in the neighbourhood and.
(iv) The value of the similar property as shown by previous sales made in the near past.
7. Conclusion:
To conclude I can say that, the competent court can determine the market value of the property keeping in view the matter prescribed in pre- emption law.

.rtf

Determation Of Market Value.rtf (Size: 2.27 KB / Downloads: 297) ]]> Q.What are the guide lines prescribed by the law for the determination of market value of the property.
1. Introduction:
Court is empowered to determine the market value of the property. under Punjab pre- emption act there are sound guidelines for the determination of market value of the property.
2. Relevant provisions:
Sections 27, 28 Punjab pre- emption act.
3. Definition of market value:
The worth of property at the time of sale is market value.
4. Evidence of market value:
The best evidence of market value is price paid.
Case law
PLD 1970 SC 299
It was held if a price is mentioned in the sale deed shown to have been paid by the vendee, the court need not to determine the market value of the property to fix the price.
5. When market value is determined:
According to Sec. 27 (i)
"Where the parties do not agree to the price at which the pre- emptor shall exercise his right of pre- emption, the court shall determine whether the price at which the sale purports to have taken place was fixed in good faith or paid and if it finds that the price was not so fixed or paid, it shall fix the market value of the property as the price to be paid by the pre- emptor.
6. How the market value is determined:
According to Sec. 28 for the purpose of determining the market value of a property the court may consider the following among other matters, as evidence of such value.
(i) The price of value actually received or to be received by the vendor from the vendee.
(ii) The estimated amount of the average annual net profits for the property.
(iii) The value of similar property in the neighbourhood and.
(iv) The value of the similar property as shown by previous sales made in the near past.
7. Conclusion:
To conclude I can say that, the competent court can determine the market value of the property keeping in view the matter prescribed in pre- emption law.

.rtf

Determation Of Market Value.rtf (Size: 2.27 KB / Downloads: 297) ]]> <![CDATA[What kinds of property are exempted from the right of pre- Emption.]]> https://vuhelp.net/Thread-What-kinds-of-property-are-exempted-from-the-right-of-pre-Emption Tue, 11 Sep 2012 09:45:27 -0400 vustudents]]> https://vuhelp.net/Thread-What-kinds-of-property-are-exempted-from-the-right-of-pre-Emption 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. Relevant provisions:
Sec. 23 Punjab pre- emption act.
3. Definition:
According to Sec. 2 (3) 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."
4. 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.
5. Property exempted from right of pre- emption:
According to Sec. 23 no right pre- emption shall exist in respect of sale of.
1. (a) A waqf property or property used for charitable religious or public purpose and.
(b) Property owned by the federal or a provincial government, or a local authority and.
2. (a) Property acquired by the federal or a provincial government or a local authority in pursuance of any law shall not be pre- empitable.
(b) Waqf property used for chartable, religious or public purpose.
6. Conclusion:
To conclude I can say that under Punjab- pre- emption act there are some sale of properties which are exempted from the right of pre- emption.

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Exemptions From The Applicsbility Of Pre- Emption.rtf (Size: 1.92 KB / Downloads: 302) ]]> 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. Relevant provisions:
Sec. 23 Punjab pre- emption act.
3. Definition:
According to Sec. 2 (3) 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."
4. 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.
5. Property exempted from right of pre- emption:
According to Sec. 23 no right pre- emption shall exist in respect of sale of.
1. (a) A waqf property or property used for charitable religious or public purpose and.
(b) Property owned by the federal or a provincial government, or a local authority and.
2. (a) Property acquired by the federal or a provincial government or a local authority in pursuance of any law shall not be pre- empitable.
(b) Waqf property used for chartable, religious or public purpose.
6. Conclusion:
To conclude I can say that under Punjab- pre- emption act there are some sale of properties which are exempted from the right of pre- emption.

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Exemptions From The Applicsbility Of Pre- Emption.rtf (Size: 1.92 KB / Downloads: 302) ]]> <![CDATA[What are the essentials requirements to demand a right of Pre- emption.]]> https://vuhelp.net/Thread-What-are-the-essentials-requirements-to-demand-a-right-of-Pre-emption Tue, 11 Sep 2012 09:35:41 -0400 vustudents]]> https://vuhelp.net/Thread-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.

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Essentials Requirements To Demand Pre- Emption.rtf (Size: 3.11 KB / Downloads: 425) ]]> 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.

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Essentials Requirements To Demand Pre- Emption.rtf (Size: 3.11 KB / Downloads: 425) ]]> <![CDATA[What are three classes of person who are entitled to claim pre- emption.]]> https://vuhelp.net/Thread-What-are-three-classes-of-person-who-are-entitled-to-claim-pre-emption Tue, 11 Sep 2012 09:23:44 -0400 vustudents]]> https://vuhelp.net/Thread-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.

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Persons Entitled To Claim Pre- Emption.rtf (Size: 2.78 KB / Downloads: 391) ]]> 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.

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Persons Entitled To Claim Pre- Emption.rtf (Size: 2.78 KB / Downloads: 391) ]]> <![CDATA[Define pre- emption. when does this right arise and do whom is this right available?]]> https://vuhelp.net/Thread-Define-pre-emption-when-does-this-right-arise-and-do-whom-is-this-right-available Tue, 11 Sep 2012 08:55:35 -0400 vustudents]]> https://vuhelp.net/Thread-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

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Right Of Pre- Emption.rtf (Size: 3.68 KB / Downloads: 401) ]]> 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

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Right Of Pre- Emption.rtf (Size: 3.68 KB / Downloads: 401) ]]> <![CDATA[What are revenue courts?]]> https://vuhelp.net/Thread-What-are-revenue-courts Tue, 11 Sep 2012 08:44:23 -0400 vustudents]]> https://vuhelp.net/Thread-What-are-revenue-courts Q. What are revenue courts? enumerate and explain any four suits cognizable exclusively by revenue courts. (1998)(2000)(2002)
1. Introduction:
Punjab tenancy act deals with the relationship between the tenant and landlord. the role of revenue officer and revenue courts is very important with regard to tenancy matters.
2. Definition:
According to Sec. 4 (14).
"Revenue officer or revenue court in any provision of this act means a revenue officer or revenue court having authority under this act to discharge the functions of a revenue officer or a revenue court as the case may be, under that provision.
3. Case law:
1981 P. Cr. CJ 55
It was held revenue court is a court which is constituted under Punjab tenancy act only. officer having authority under West Pakistan land revenue act and performing their function there under only "revenue officer and not "revenue courts".
4. Suit cognizable by revenue court:
(i) Suit for enhancement or reduction of rent:
Suit for enhancement or reduction of rent is entertained by the revenue court. it is the discretionary power of the revenue court to determine rent.
(ii) Suit to establish right of occupancy:
Suit to establish right of occupancy by the tenant and by the the landlord is entertained by the revenue court. it can determine the person who has right of occupancy under the tenancy act.
(iii) Suit for ejectment:
Suit for ejectment of the tenant by the landlord is filed in the revenue court. it is the revenue court which considers the grounds for the ejectment of the tenant. if there are sufficient ground than court can make order for the ejectment.
(iv) Suit for recovery of possession:
Suit for recovery of possession is also filed in the revenue court. A tenant who has been wrongfully dispossessed can seek remedy by the revenue court. under Sec. 50 of the tenancy act he can file a suit for the recovery of possession, compensation or occupancy of tenancy.
5. Conclusion:
To conclude I can say that the revenue officer or court discharge their duties in accordance with law. the matter, disputes are divided by such court between the landlord and tenant.

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Cognizance Of Revenue Court.rtf (Size: 2.51 KB / Downloads: 301) ]]> Q. What are revenue courts? enumerate and explain any four suits cognizable exclusively by revenue courts. (1998)(2000)(2002)
1. Introduction:
Punjab tenancy act deals with the relationship between the tenant and landlord. the role of revenue officer and revenue courts is very important with regard to tenancy matters.
2. Definition:
According to Sec. 4 (14).
"Revenue officer or revenue court in any provision of this act means a revenue officer or revenue court having authority under this act to discharge the functions of a revenue officer or a revenue court as the case may be, under that provision.
3. Case law:
1981 P. Cr. CJ 55
It was held revenue court is a court which is constituted under Punjab tenancy act only. officer having authority under West Pakistan land revenue act and performing their function there under only "revenue officer and not "revenue courts".
4. Suit cognizable by revenue court:
(i) Suit for enhancement or reduction of rent:
Suit for enhancement or reduction of rent is entertained by the revenue court. it is the discretionary power of the revenue court to determine rent.
(ii) Suit to establish right of occupancy:
Suit to establish right of occupancy by the tenant and by the the landlord is entertained by the revenue court. it can determine the person who has right of occupancy under the tenancy act.
(iii) Suit for ejectment:
Suit for ejectment of the tenant by the landlord is filed in the revenue court. it is the revenue court which considers the grounds for the ejectment of the tenant. if there are sufficient ground than court can make order for the ejectment.
(iv) Suit for recovery of possession:
Suit for recovery of possession is also filed in the revenue court. A tenant who has been wrongfully dispossessed can seek remedy by the revenue court. under Sec. 50 of the tenancy act he can file a suit for the recovery of possession, compensation or occupancy of tenancy.
5. Conclusion:
To conclude I can say that the revenue officer or court discharge their duties in accordance with law. the matter, disputes are divided by such court between the landlord and tenant.

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Cognizance Of Revenue Court.rtf (Size: 2.51 KB / Downloads: 301) ]]> <![CDATA[Can an occupancy tenant as defined in Sec. 5 of the tenancy act 1887]]> https://vuhelp.net/Thread-Can-an-occupancy-tenant-as-defined-in-Sec-5-of-the-tenancy-act-1887 Mon, 10 Sep 2012 16:21:43 -0400 vustudents]]> https://vuhelp.net/Thread-Can-an-occupancy-tenant-as-defined-in-Sec-5-of-the-tenancy-act-1887 Q. Can an occupancy tenant as defined in Sec. 5 of the tenancy act 1887 alienate his holding in the name of any person? if so, what is its effect. (2001)
1. Introduction:
Under Punjab tenancy act a tenant having right of occupancy can alienate his holding in the name of any person. he can transfer his holding and may also withdraw form the proceeding at any time prior to the completion of the purchase by other person. the right to purchase the occupancy is of landlord.
2. Relevant provisions:
Sec. 53 Punjab tenancy act 1887.
3. Definition of occupancy tenant:
According to sec. 5:
(a) Who at the commencement of this act has for more than two generations or the male line of desent thought a grandfather or granduncle and for a period not less than twenty years been occupying land paying not rent therefore beyond the amount of the land revenue thereof and the rates casses for the time being chargeable thereon.
(b) Who having owned land and having ceased to be landowner thereof other than by forfeiture to the government or than by any voluntary act has since he ceased to be land owner continuously occupied the land or.
© Who in a village or estate in which he settled by the founder thereof as a cultivator there in occupied land on the twenty first days of October 1968 and has continuously occupied the since that date or.
(d) Who being jagirder of the estate or any part of the estate in which the land occupied by him is situate has continuously occupied the land for the less than twenty years or having been such jagirdar occupied the land while he was jagirdar and has continuously occupied it for not less than twenty years.
4. Modes of transfer for right of occupancy:
A occupancy tenant can transfer his right of occupancy by the following:
(i) By sale
(ii) By gift
(iii) By mortgage
5. Procedure:
(i) Notice:
If tenant intends to transfer his right of occupancy he shall cause notice of his intention to be served on his landlord through a revenue officer and shall defer proceeding with the transfer for period of one month form the date on which the notice is served.
(ii) Right of landlord:
Within that period of one month landlord may claim to purchase the right at such value as a revenue officer may on application made to him in his behalf fix.
(iii) Authority of revenue officer:
When the application to the revenue officer to fix the value of right of occupancy as it if it were not mortgaged.
(iv) Purchase by the landlord:
The landlord shall be deemed to have purchased the right if he pays value to the revenue officer within such time as that officer appoints.
(v) Extinction of right of occupancy of the tenant:
On the value being so paid the right of occupancy shall be extinct and the revenue officer shall on the application of the landlord in possession of the tenancy.
Case law:
PLD 1982 REV.58.
It was held tenant cannot be disposed except through due course of law.
(vi) In case of mortgaged land:
If the right of occupancy was already mortgaged the tenancy shall pass to the landlord unencumbered by this mortgage but the mortgage debt shall be charged on such money.
(vii) Payment to the tenant:
If there is no such charge as aforesaid the revenue officer shall subject to any directions which he has received form the court pay the purchase money to the tenant.
(viii) In case charge on land:
If there is such charge the revenue officer shall subject as aforesaid either apply in discharge of the mortgage debt so much of purchase money as is required for that purpose and pay the balance any to the tenant or retain the purchase money pending the decision of a civil court as to the person or persons entitled thereon.
(ix) Several landlords of tenancy:
Where there are several landlords of a tenancy any one of them may be deemed to be the landlord for that purpose.
5. Prohibition of suit against the government:
No suit or other proceeding shall be instituted against the government or against any officer of the government, in respect of anything done by a revenue officer but nothing shall prevent any person entitled to receive the whole or any part of the purchase money from receiving it from a person to whom it has been paid by a revenue officer.
Case law
PLD 1982 Rev. 58
It was held that a tenant cannot be dispossessed except through due course of law.
6. Conclusion:
To conclude I can say that, a tenant having right of occupancy can transfer his great of occupancy to any other person or landlord of the holding. on alienating such right of the tenant can transfer his right by sale, gift and mortgage.

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Alienation Of Holding.rtf (Size: 5.16 KB / Downloads: 288) ]]> Q. Can an occupancy tenant as defined in Sec. 5 of the tenancy act 1887 alienate his holding in the name of any person? if so, what is its effect. (2001)
1. Introduction:
Under Punjab tenancy act a tenant having right of occupancy can alienate his holding in the name of any person. he can transfer his holding and may also withdraw form the proceeding at any time prior to the completion of the purchase by other person. the right to purchase the occupancy is of landlord.
2. Relevant provisions:
Sec. 53 Punjab tenancy act 1887.
3. Definition of occupancy tenant:
According to sec. 5:
(a) Who at the commencement of this act has for more than two generations or the male line of desent thought a grandfather or granduncle and for a period not less than twenty years been occupying land paying not rent therefore beyond the amount of the land revenue thereof and the rates casses for the time being chargeable thereon.
(b) Who having owned land and having ceased to be landowner thereof other than by forfeiture to the government or than by any voluntary act has since he ceased to be land owner continuously occupied the land or.
© Who in a village or estate in which he settled by the founder thereof as a cultivator there in occupied land on the twenty first days of October 1968 and has continuously occupied the since that date or.
(d) Who being jagirder of the estate or any part of the estate in which the land occupied by him is situate has continuously occupied the land for the less than twenty years or having been such jagirdar occupied the land while he was jagirdar and has continuously occupied it for not less than twenty years.
4. Modes of transfer for right of occupancy:
A occupancy tenant can transfer his right of occupancy by the following:
(i) By sale
(ii) By gift
(iii) By mortgage
5. Procedure:
(i) Notice:
If tenant intends to transfer his right of occupancy he shall cause notice of his intention to be served on his landlord through a revenue officer and shall defer proceeding with the transfer for period of one month form the date on which the notice is served.
(ii) Right of landlord:
Within that period of one month landlord may claim to purchase the right at such value as a revenue officer may on application made to him in his behalf fix.
(iii) Authority of revenue officer:
When the application to the revenue officer to fix the value of right of occupancy as it if it were not mortgaged.
(iv) Purchase by the landlord:
The landlord shall be deemed to have purchased the right if he pays value to the revenue officer within such time as that officer appoints.
(v) Extinction of right of occupancy of the tenant:
On the value being so paid the right of occupancy shall be extinct and the revenue officer shall on the application of the landlord in possession of the tenancy.
Case law:
PLD 1982 REV.58.
It was held tenant cannot be disposed except through due course of law.
(vi) In case of mortgaged land:
If the right of occupancy was already mortgaged the tenancy shall pass to the landlord unencumbered by this mortgage but the mortgage debt shall be charged on such money.
(vii) Payment to the tenant:
If there is no such charge as aforesaid the revenue officer shall subject to any directions which he has received form the court pay the purchase money to the tenant.
(viii) In case charge on land:
If there is such charge the revenue officer shall subject as aforesaid either apply in discharge of the mortgage debt so much of purchase money as is required for that purpose and pay the balance any to the tenant or retain the purchase money pending the decision of a civil court as to the person or persons entitled thereon.
(ix) Several landlords of tenancy:
Where there are several landlords of a tenancy any one of them may be deemed to be the landlord for that purpose.
5. Prohibition of suit against the government:
No suit or other proceeding shall be instituted against the government or against any officer of the government, in respect of anything done by a revenue officer but nothing shall prevent any person entitled to receive the whole or any part of the purchase money from receiving it from a person to whom it has been paid by a revenue officer.
Case law
PLD 1982 Rev. 58
It was held that a tenant cannot be dispossessed except through due course of law.
6. Conclusion:
To conclude I can say that, a tenant having right of occupancy can transfer his great of occupancy to any other person or landlord of the holding. on alienating such right of the tenant can transfer his right by sale, gift and mortgage.

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Alienation Of Holding.rtf (Size: 5.16 KB / Downloads: 288) ]]>