Special and Local Laws

Special and
Local Laws
By

SHAHID NAEEM
(Gold Medalist)
M.Sc. (Eco), MA(Pol.Sci), MCS, LL.M., DLL
Advocate High Court
Principal Kings Law College,

Sheikhupura.

1. Land Revenue Act, 1967 (60 Marks)

2. Punjab Tenancy Act (XVI), 1887 (20 Marks)
3. Pre-Emption Act 1991 (20 Marks)

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Special and Local Laws

LAND REVENUE ACT, 1967

Q. Discuss in detail different classes, powers and functions of Revenue Officers.

Ans:
Introduction

The Land Revenue Act, 1967, is a comprehensive piece of legislation governing land revenue
administration in Pakistan. Central to its effective implementation is the hierarchy of Revenue
Officers, each class vested with specific powers and functions. These officers are pivotal in
ensuring efficient land revenue management, addressing grievances, and maintaining records.
This detailed discussion explores the different classes of Revenue Officers, their powers, and
their functions, highlighting how they contribute to the overall governance of land revenue in
Pakistan.

Classes of Revenue Officers

The Land Revenue Act, 1967, categorizes Revenue Officers into various classes, each with
distinct roles and responsibilities. These classes include:

1. Board of Revenue
2. Commissioner
3. Collector
4. Assistant Collector
5. Tehsildar
6. Naib-Tehsildar
7. Patwari

Each class plays a specific role in the hierarchy, ensuring a well-organized and systematic
approach to land revenue administration.

Board of Revenue

 Highest Revenue Authority: The Board of Revenue is the apex body in the land
revenue administration system. It supervises and controls the functioning of all other
Revenue Officers.

Example: The Board of Revenue oversees the implementation of policies and

ensures that all land revenue activities comply with the law.

 Policy Formulation and Implementation: It formulates policies related to land

revenue, including assessment, collection, and management.

Example: The Board of Revenue develops guidelines for land assessment

procedures, ensuring uniformity across different regions.

 Adjudication of Disputes: It acts as the highest appellate authority in land revenue

disputes, hearing appeals against decisions made by lower Revenue Officers.

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Example: A landowner dissatisfied with the Collector's decision can appeal to the
Board of Revenue for a final judgment.

 Revenue Records Maintenance: It maintains comprehensive records of land revenue

and related transactions.
o Example: The Board of Revenue ensures that land records are updated
regularly, providing a reliable database for landowners and the government.

Commissioner

 Supervisory Role: The Commissioner supervises the work of Collectors and Assistant
Collectors within their division, ensuring compliance with the law and policies.

Example: The Commissioner conducts regular inspections of district revenue

offices to ensure they operate efficiently.

 Appellate Authority: The Commissioner acts as an appellate authority for decisions

made by Collectors, providing a mechanism for addressing grievances.

Example: If a landowner disputes a Collector's assessment, they can appeal to the

Commissioner for reconsideration.

 Implementation of Policies: The Commissioner ensures that the policies formulated

by the Board of Revenue are effectively implemented at the district level.

Example: The Commissioner oversees the execution of land revenue assessments

and collections, ensuring adherence to the guidelines issued by the Board of
Revenue.

 Coordination and Administration: The Commissioner coordinates with other

administrative departments to ensure smooth land revenue operations.

Example: The Commissioner collaborates with the police and local government
officials to address land disputes and enforce revenue laws.

Collector
 District-Level Authority: The Collector is the chief revenue officer at the district level,
responsible for the overall administration of land revenue within the district.

Example: The Collector oversees land assessments, collections, and maintenance

of revenue records in their district.

 Revenue Collection: The Collector is responsible for the assessment and collection of
land revenue, ensuring timely payments by landowners.

Example: The Collector organizes campaigns to collect land revenue and imposes
penalties for non-payment.

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Special and Local Laws

 Dispute Resolution: The Collector adjudicates disputes related to land revenue, acting
as the first point of appeal for aggrieved parties.

Example: The Collector hears cases involving disputes over land boundaries,
ownership, and revenue assessments.

 Maintenance of Records: The Collector ensures that land records are accurately
maintained and regularly updated.

Example: The Collector oversees the work of Patwaris and other revenue staff,
ensuring they accurately record land transactions and revenue collections.

Assistant Collector
 Sub-Divisional Authority: The Assistant Collector operates at the sub-divisional level,
assisting the Collector in land revenue administration.

Example: The Assistant Collector conducts surveys and assessments of land within
their sub-division.

 Assessment and Collection: The Assistant Collector assesses land revenue and ensures
its collection from landowners.

Example: The Assistant Collector organizes revenue camps to facilitate the

payment of land revenue by farmers and landowners.

 Dispute Resolution: The Assistant Collector resolves minor disputes related to land
revenue, acting as an intermediary between the Tehsildar and the Collector.

Example: The Assistant Collector hears cases involving minor boundary disputes
and revenue assessments.

 Reporting: The Assistant Collector reports to the Collector on the status of land
revenue administration within their sub-division.

Example: The Assistant Collector submits regular reports to the Collector,

detailing revenue collections and any issues encountered.

Tehsildar
 Tehsil-Level Authority: The Tehsildar is the chief revenue officer at the tehsil level,
responsible for managing land revenue within their jurisdiction.

Example: The Tehsildar oversees land assessments, collections, and maintenance

of revenue records in their tehsil.

 Revenue Collection: The Tehsildar ensures the timely collection of land revenue from
landowners within their tehsil.

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Example: The Tehsildar organizes revenue collection drives and imposes penalties
for non-payment.

 Dispute Resolution: The Tehsildar adjudicates disputes related to land revenue at the
tehsil level.

Example: The Tehsildar hears cases involving land boundary disputes and revenue
assessments.

 Maintenance of Records: The Tehsildar maintains and updates land revenue records
within their tehsil.

Example: The Tehsildar supervises the work of Patwaris, ensuring they accurately
record land transactions and revenue collections.

Naib-Tehsildar
 Assisting the Tehsildar: The Naib-Tehsildar assists the Tehsildar in land revenue
administration, performing tasks delegated by the Tehsildar.

Example: The Naib-Tehsildar conducts surveys and assessments of land under the
supervision of the Tehsildar.

 Revenue Collection: The Naib-Tehsildar collects land revenue from landowners

within their assigned area.

Example: The Naib-Tehsildar visits villages to collect land revenue and provides
receipts to landowners.

 Dispute Resolution: The Naib-Tehsildar resolves minor disputes related to land

revenue, acting as an intermediary between the Patwari and the Tehsildar.

Example: The Naib-Tehsildar hears cases involving minor land disputes and
revenue assessments.

 Reporting: The Naib-Tehsildar reports to the Tehsildar on the status of land revenue
administration within their area.

Example: The Naib-Tehsildar submits regular reports to the Tehsildar, detailing

revenue collections and any issues encountered.

Patwari

 Village-Level Authority: The Patwari operates at the village level, responsible for
maintaining land records and collecting land revenue within their jurisdiction.

Example: The Patwari records land transactions, maintains revenue records, and
collects land revenue from villagers.

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Special and Local Laws

 Record Maintenance: The Patwari maintains detailed records of land ownership,

transactions, and revenue collections.

Example: The Patwari updates the land registers, noting changes in ownership and
land use.

 Revenue Collection: The Patwari collects land revenue from villagers and deposits it
with higher revenue authorities.

Example: The Patwari visits villages to collect land revenue and provides receipts
to landowners.

 Dispute Resolution: The Patwari assists in resolving minor disputes related to land
revenue at the village level.

Example: The Patwari helps mediate disputes between villagers over land
boundaries and revenue assessments.

Conclusion

The Land Revenue Act, 1967, establishes a well-defined hierarchy of Revenue Officers, each
class with specific powers and functions, ensuring efficient and effective land revenue
administration in Pakistan. From the Board of Revenue at the apex to the Patwari at the village
level, these officers play crucial roles in assessing, collecting, and managing land revenue,
resolving disputes, and maintaining accurate records. Their collective efforts ensure
transparency, accountability, and justice in the land revenue system, benefiting landowners and
the government alike. As the socio-economic landscape evolves, the roles and responsibilities
of Revenue Officers will continue to adapt, maintaining the integrity and effectiveness of land
revenue administration in Pakistan.



Q. Discuss in detail various jurisdictions of the Board of Revenue under the Land
Revenue Act, 1967.
Ans:
Introduction

The Land Revenue Act, 1967, is a vital piece of legislation in Pakistan that governs land
revenue matters, including the assessment, collection, and management of land revenues. The
Act also establishes various authorities responsible for implementing its provisions, with the
Board of Revenue playing a central role. The Board of Revenue is tasked with ensuring that
land revenue laws are administered effectively and fairly. This detailed discussion explores the
various jurisdictions of the Board of Revenue as stipulated in the Land Revenue Act, 1967,
highlighting its significant roles and responsibilities.

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Special and Local Laws

JURISDICTIONS OF THE BOARD OF REVENUE

Following are the jurisdictions of The Board of Revenue in Pakistan.

1. General Superintendence and Control

The Board of Revenue has overarching authority over all revenue officers and revenue courts
within the province. This means it supervises and controls the actions and decisions of these
officers to ensure they comply with the law. The Board can issue directives and instructions
that revenue officers must follow, ensuring uniformity and consistency in the application of the
Land Revenue Act, 1967.

 Example: In a district where revenue officers were found to be inconsistently

applying land assessment rates, the Board of Revenue intervened, standardizing the
rates and procedures to ensure fairness and uniform application across the district.

2. Power of Revision

Under Section 164 of the Land Revenue Act, 1967, the Board of Revenue has the power to
revise any order or decision made by subordinate revenue officers. If the Board finds an order
to be incorrect, illegal, or improper, it can revise it after giving the concerned parties an
opportunity to be heard. This ensures that errors or injustices at lower levels can be corrected.

 Example: A case where a Tehsildar’s decision on a land dispute was challenged for
being biased. The Board of Revenue reviewed the case, found procedural errors, and
revised the decision, ensuring justice was served.

3. Power to Issue Instructions

The Board of Revenue can issue guidelines and instructions to revenue officers to ensure
efficient and consistent administration of land revenue laws. These instructions help maintain
a standardized approach to handling revenue matters, reducing discrepancies and confusion.

 Example: The Board issued detailed instructions on the procedure for updating land
records digitally, which helped streamline the process and made it more transparent
and efficient.

4. Settlement of Disputes

The Board of Revenue acts as the final appellate authority for land revenue disputes. It hears
appeals against decisions made by lower revenue officers, providing a higher level of review
to ensure fairness and correctness in revenue matters.

 Example: A dispute over land boundaries between two villages was escalated to the
Board of Revenue. After hearing both parties, the Board provided a resolution based
on historical records and current land use, ensuring an equitable settlement.

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Special and Local Laws

5. Assessment and Collection of Land Revenue

The Board of Revenue oversees the assessment and collection of land revenue. It ensures that
assessments are fair and collections are carried out efficiently. The Board sets guidelines and
procedures for revenue collection and monitors compliance to prevent any misuse or
corruption.

 Example: The Board initiated a program to reassess agricultural land in a flood-

affected region, ensuring that revenue demands were adjusted according to the
reduced productivity of the land, thereby providing relief to the affected farmers.

6. Maintenance of Revenue Records

Maintaining accurate and up-to-date revenue records is a critical function of the Board of
Revenue. The Board ensures that records of land holdings, revenue assessments, and
collections are meticulously kept and regularly updated.

 Example: In a campaign to digitize land records, the Board supervised the transition
from manual to electronic records, reducing errors and making it easier for
landowners to access their records.

7. Regulation of Land Transfers

The Board of Revenue regulates the transfer of land, ensuring that all transactions comply with
legal requirements. This includes overseeing the registration of land transfers and ensuring that
all revenue implications are properly accounted for.

 Example: The Board implemented strict verification procedures for land transfers to
prevent fraudulent transactions, ensuring that land ownership changes were legitimate
and transparent.

8. Implementation of Government Policies

The Board of Revenue plays a crucial role in implementing government policies related to land
and agriculture. It ensures that policies such as land reforms, agricultural development, and
land use planning are effectively communicated and executed at the local level.

 Example: The Board was instrumental in executing a government policy to

redistribute surplus land to landless farmers, ensuring that the process was transparent
and that the intended beneficiaries received their due share.

Examples from Pakistan

Land Dispute Resolution

In rural areas of Pakistan, land disputes are frequent due to unclear boundaries and inheritance
issues. The Board of Revenue’s intervention in these disputes ensures that decisions are fair
and based on legal and historical records.

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Land Reforms

The Board of Revenue has been pivotal in implementing land reforms aimed at redistributing
land to the landless. By ensuring that these reforms are carried out according to the law, the
Board helps in addressing social inequalities and promoting agricultural productivity.

Conclusion

The Board of Revenue under the Land Revenue Act, 1967, holds extensive jurisdictions that
are essential for the effective administration of land revenue in Pakistan. Its roles span from
supervising subordinate revenue officers to revising incorrect decisions, issuing guidelines,
settling disputes, overseeing land revenue assessment and collection, maintaining revenue
records, regulating land transfers, and implementing government policies. Through these
various functions, the Board of Revenue ensures that the land revenue system operates
efficiently, fairly, and in accordance with the law, playing a vital role in the country's land
administration.


Q. Explain in detail the role of Tehsildar as Chief Revenue Administrator of a Tehsil.
Ans:
Introduction

A Tehsildar, also known as a Revenue Officer, is a key administrative position in the land
revenue system of Pakistan. Under the Land Revenue Act, 1967, the Tehsildar serves as the
Chief Revenue Administrator of a Tehsil, which is a sub-division of a district. The Tehsildar's
role is crucial in managing the land revenue system, maintaining land records, and ensuring the
implementation of revenue laws within the Tehsil. This detailed discussion explores the
multifaceted responsibilities and functions of a Tehsildar as the Chief Revenue Administrator.

Role of Tehsildar as Chief Revenue Administrator

The role of “Tehsildar” as chief revenue administrator is described below:

1. Assessment and Collection of Land Revenue

One of the primary responsibilities of a Tehsildar is the assessment and collection of land
revenue within the Tehsil. The Tehsildar ensures that land revenue is accurately assessed based
on the productivity and classification of land. This involves conducting surveys, preparing
revenue records, and determining the revenue to be collected from landowners.

 Example: In a Tehsil predominantly used for agriculture, the Tehsildar assesses the
revenue based on crop yields and market prices, ensuring that farmers are charged
fairly according to their land's productivity.

2. Maintenance of Land Records

The Tehsildar is responsible for maintaining accurate and up-to-date land records. This
includes records of land ownership, transfers, mutations, and classifications. The Tehsildar
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oversees the work of Patwaris (village accountants) who are directly involved in recording
these details.

 Example: The Tehsildar supervises the updating of land records when a property is
sold or inherited, ensuring that all legal procedures are followed and the records
reflect the current ownership status.

3. Dispute Resolution

As the Chief Revenue Administrator, the Tehsildar plays a vital role in resolving land disputes
within the Tehsil. This includes disputes related to land boundaries, ownership, and revenue
assessments. The Tehsildar acts as a quasi-judicial authority, hearing cases and making
decisions based on evidence and legal provisions.

 Example: When two neighboring farmers have a dispute over the boundary of their
fields, the Tehsildar investigates the matter, examines land records, and provides a
resolution to ensure fair and peaceful coexistence.

4. Implementation of Revenue Laws and Policies

The Tehsildar ensures that the land revenue laws and policies set by the government and the
Board of Revenue are implemented effectively within the Tehsil. This involves monitoring
compliance with revenue regulations, conducting inspections, and taking corrective actions
when necessary.

 Example: The Tehsildar conducts regular inspections of agricultural lands to ensure

that the land use complies with the policies for sustainable farming practices and
revenue generation.

5. Supervision of Revenue Staff

The Tehsildar supervises the revenue staff within the Tehsil, including Naib Tehsildars,
Patwaris, and other revenue officials. This supervision ensures that the staff performs their
duties efficiently and adheres to the legal and procedural requirements.

 Example: The Tehsildar conducts training sessions for Patwaris to enhance their
skills in record-keeping and ensures that they follow standardized procedures for
maintaining land records.

6. Management of Revenue Court Cases

The Tehsildar presides over the revenue courts at the Tehsil level. In this capacity, the Tehsildar
hears cases related to land revenue disputes, mutations, and other matters pertaining to land
administration. The Tehsildar’s decisions can be appealed to higher authorities, but they serve
as the first level of adjudication in revenue matters.

 Example: When a landowner files a case challenging an assessment order, the

Tehsildar reviews the evidence, conducts hearings, and issues a judgment based on
the Land Revenue Act, 1967.

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7. Revenue Collection Drives

To ensure efficient revenue collection, the Tehsildar organizes and leads revenue collection
drives within the Tehsil. This involves mobilizing the revenue staff, coordinating with local
leaders, and ensuring that landowners pay their due revenues timely.

 Example: During the harvest season, the Tehsildar may organize special drives to
collect land revenue from farmers, ensuring that the revenue collection targets are met
and the process is smooth.

8. Public Interaction and Grievance Redressal

The Tehsildar serves as a crucial link between the government and the public in revenue
matters. They interact with landowners, farmers, and other stakeholders to address their
grievances related to land revenue issues. The Tehsildar provides a platform for the public to
voice their concerns and seek redressal.

 Example: The Tehsildar holds regular public meetings to address issues such as
delays in land record updates, incorrect revenue assessments, and disputes over land
ownership, providing solutions and guidance to the affected parties.

9. Execution of Government Schemes

The Tehsildar is responsible for the execution of government schemes related to land and
agriculture within the Tehsil. This includes schemes for land reforms, agricultural subsidies,
and disaster relief. The Tehsildar ensures that these schemes are implemented effectively and
the benefits reach the intended beneficiaries.

 Example: In case of a natural disaster like a flood, the Tehsildar coordinates relief
efforts, assesses the damage to agricultural lands, and facilitates the distribution of
government aid to affected farmers.

Conclusion

The role of a Tehsildar as the Chief Revenue Administrator of a Tehsil is multifaceted and
pivotal to the effective administration of land revenue laws in Pakistan. From assessing and
collecting land revenue to maintaining land records, resolving disputes, supervising revenue
staff, managing revenue court cases, and executing government schemes, the Tehsildar’s
responsibilities are extensive and critical. By ensuring that land revenue laws and policies are
implemented fairly and efficiently, the Tehsildar plays a crucial role in maintaining the
integrity and functionality of the land revenue system within the Tehsil. This ensures that the
land administration operates smoothly, benefiting landowners, farmers, and the broader
community.



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Special and Local Laws

Q. Explain the duties to be performed by 'Lambardar'. State, if the ambit of duties

of 'Lambardar' can be broadened by keeping in view the latest challenges at local
level?
Ans:
Introduction

The position of a Lambardar holds significant historical importance in the rural administrative
structure of Pakistan, dating back to the British colonial period. A Lambardar is a village
headman appointed to assist in revenue collection and act as a liaison between the government
and the rural populace. Under the Land Revenue Act, 1967, the role of the Lambardar is
primarily focused on land revenue administration, but their influence often extends into various
aspects of village life due to their deep-rooted presence in the community. Traditionally,
Lambardars were responsible for collecting land revenue, maintaining law and order, assisting
in agricultural activities, and representing the village in government matters. Despite the
evolution of administrative systems and the introduction of modern technologies, Lambardars
continue to play a crucial role in rural governance, particularly in areas where government
presence is limited.

In recent years, the scope of a Lambardar's duties has been subject to debate. The changing
socio-economic landscape and emerging local challenges such as land disputes, natural
disasters, and community development needs call for a reassessment of their role. There is a
growing recognition that Lambardars, given their respected status and close connection with
the local populace, can be instrumental in addressing contemporary issues if their
responsibilities are broadened. Expanding the ambit of their duties to include aspects like
disaster management, promoting education and health awareness, and facilitating local
development projects can enhance their contribution to rural development. This discussion
explores the traditional duties of a Lambardar and examines how their role can be adapted to
meet the evolving needs of rural communities in Pakistan.

Duties of a Lambardar
1. Collection of Land Revenue

The primary duty of a Lambardar is to collect land revenue from the villagers and remit it to
the government. This involves maintaining records of revenue collected, ensuring timely
payments, and keeping track of defaulters. The Lambardar serves as the main point of contact
for landowners, ensuring they understand their obligations and assisting them in fulfilling these
requirements.

 Example: A Lambardar organizes meetings with landowners to explain the revenue

assessment process, distributes payment schedules, and follows up to ensure all dues
are paid on time. If a landowner is unable to pay due to crop failure, the Lambardar
may assist them in applying for a deferment or relief.

2. Maintenance of Law and Order

Lambardars assist in maintaining law and order within the village. They report any criminal
activities or disputes to the authorities and help in resolving minor conflicts through mediation.

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Their intimate knowledge of the village and its residents makes them well-suited to prevent
and address issues before they escalate.

 Example: In the event of a theft or altercation, the Lambardar gathers the involved
parties, mediates a discussion to resolve the issue, and, if necessary, contacts the local
police to report the incident. Their involvement often helps in resolving conflicts
amicably without the need for formal legal proceedings.

3. Assistance in Agricultural Activities

Lambardars play a supportive role in agricultural activities. They help coordinate the
distribution of government-provided agricultural inputs such as seeds, fertilizers, and irrigation
facilities. They also assist in the implementation of agricultural schemes and programs aimed
at increasing productivity and sustainability.

 Example: During the planting season, a Lambardar coordinates with agricultural

extension workers to distribute high-yield seeds to farmers. They also organize
training sessions on modern farming techniques and ensure that farmers have access
to necessary resources like irrigation facilities.

4. Representation in Government Matters

Lambardars act as representatives of the village in dealings with the government. They convey
the concerns and needs of the villagers to the authorities and ensure that government policies
and schemes are effectively communicated and implemented. This role involves regular
interaction with various government departments and officials.

 Example: If the government introduces a new agricultural subsidy or development

scheme, the Lambardar organizes community meetings to explain the details, assists
villagers in applying for benefits, and follows up with government offices to ensure
applications are processed efficiently.

5. Maintenance of Village Records

Lambardars are responsible for maintaining various records related to the village, including
population registers, land holdings, and crop data. These records are crucial for government
planning and resource allocation. The Lambardar ensures that these records are updated
regularly and accurately reflect the current status of the village.

 Example: The Lambardar updates the village population register annually, recording
all births, deaths, and migrations. They also maintain records of land ownership and
cultivation patterns, which are used for planning and development purposes by
government agencies.

Broadening the Ambit of Duties

1. Disaster Management

With the increasing frequency of natural disasters such as floods and earthquakes, Lambardars
can play a crucial role in local disaster management. They can assist in coordinating relief

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efforts, disseminating early warning information, and helping with evacuation and
rehabilitation processes.

 Example: In the event of a flood, the Lambardar organizes the villagers for
evacuation, coordinates with relief agencies, and ensures that aid is distributed fairly
among the affected families. They also help in assessing the damage and reporting it
to the authorities for further assistance.

2. Promoting Education and Health Awareness

Lambardars can be instrumental in promoting education and health awareness within the
village. They can organize educational campaigns, facilitate health camps, and encourage
vaccination drives, thus improving the overall well-being of the community.

 Example: The Lambardar collaborates with local health authorities to organize a

vaccination camp in the village, ensuring that all children are immunized against
common diseases. They also work with education officials to promote school
enrollment and reduce dropout rates.

3. Facilitating Local Development Projects

Lambardars can take on a proactive role in local development projects, such as improving
infrastructure, water supply, and sanitation. By mobilizing community participation and
coordinating with government agencies, they can help enhance the quality of life in rural areas.

 Example: The Lambardar leads a community initiative to build a new well in the
village, coordinating with government officials and ensuring the project is completed
successfully. They also oversee the maintenance of the well and manage the equitable
distribution of water resources.

Conclusion

The role of the Lambardar, rooted in historical practices, remains a cornerstone of rural
administration in Pakistan. While their traditional duties focus on revenue collection, law and
order, agricultural support, and village record maintenance, there is substantial scope to expand
their responsibilities to address contemporary challenges. By integrating disaster management,
promoting education and health awareness, and facilitating local development projects into
their role, Lambardars can significantly contribute to the socio-economic development of rural
areas. This broadened scope not only enhances their relevance in the modern context but also
leverages their deep-rooted connection with the community to foster holistic development. As
rural dynamics continue to evolve, empowering Lambardars with expanded duties can ensure
that they remain pivotal in bridging the gap between government policies and grassroots
implementation.



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Special and Local Laws

Q. Analyze the legal provisions which encompass various aspects of review of decisions
by Revenue Officers.
Ans:
Introduction

In the framework of the Land Revenue Act, 1967, revenue administration in Pakistan is
meticulously structured to ensure fairness, transparency, and accountability. One of the critical
components of this system is the provision for the review of decisions made by Revenue
Officers. This review mechanism is designed to provide an opportunity to correct errors,
prevent miscarriages of justice, and maintain the integrity of the land revenue system. This
detailed analysis explores the legal provisions under the Land Revenue Act, 1967, that govern
the review of decisions by Revenue Officers, examining their scope, procedures, and
implications.

Legal Provisions for Review of Decisions

1. Section 163: Review by Revenue Officers

Section 163 of the Land Revenue Act, 1967, provides the legal basis for the review of decisions
made by Revenue Officers. This section allows Revenue Officers to review their own decisions
or orders under certain circumstances. The key aspects of this provision are as follows:

 Grounds for Review: A Revenue Officer can review any decision or order if there is
an apparent error on the face of the record, new evidence has come to light, or there has
been a significant change in the circumstances that were not previously considered.
 Example: If a Revenue Officer discovers that a crucial piece of evidence was
overlooked or if there was a clerical error in the decision, they can initiate a review to
correct the mistake.
 Procedure for Review: The review process typically involves issuing a notice to the
affected parties, allowing them to present their case, and re-evaluating the decision
based on the new evidence or corrected information.
 Example: A landowner who believes that an error was made in the revenue assessment
can request a review. The Revenue Officer will then notify all concerned parties, hold
a hearing, and re-assess the decision based on the merits of the case.

2. Section 164: Revision of Orders

Section 164 of the Land Revenue Act, 1967, empowers higher Revenue Officers, such as the
Board of Revenue or the Commissioner, to revise orders made by subordinate Revenue
Officers. This provision ensures a hierarchical oversight and the ability to correct errors at
different administrative levels.

 Scope of Revision: Higher Revenue Officers can call for records of any proceeding
under their jurisdiction and revise orders if they find that the original decision was
erroneous, unjust, or not in accordance with the law.
 Example: If a District Collector identifies an issue with an order passed by a Tehsildar,
they can revise the order to ensure it aligns with legal and procedural standards.

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 Limitations: The power of revision is typically subject to certain limitations, such as

the time frame within which a revision can be initiated and the nature of errors that can
be addressed.
 Example: Revisions are usually limited to addressing significant errors or injustices
rather than minor procedural issues, ensuring that the process is used judiciously and
does not lead to unnecessary delays.

3. Section 165: Appeal to Higher Authorities

Section 165 outlines the provisions for appealing decisions of Revenue Officers to higher
authorities. This section provides a structured mechanism for parties aggrieved by a decision
to seek redressal from higher administrative authorities.

 Hierarchy of Appeals: The appeal process typically follows a hierarchical structure,

allowing appeals to be made from lower Revenue Officers to higher authorities, such
as from a Tehsildar to the District Collector or from the District Collector to the
Commissioner.
 Example: A farmer dissatisfied with a land assessment made by a Tehsildar can appeal
to the District Collector for a re-evaluation of the decision.
 Procedure for Appeals: The appeal process involves submitting a formal appeal
application, along with relevant documents and evidence, to the appropriate higher
authority. The appellate authority reviews the case, holds hearings if necessary, and
issues a decision.
 Example: During the appeal, the District Collector examines the records, considers the
arguments presented by the appellant, and may hold a hearing to gather additional
information before making a decision.

Implications of the Review Provisions

1. Ensuring Fairness and Justice

The review provisions under the Land Revenue Act, 1967, play a crucial role in ensuring
fairness and justice in revenue administration. By allowing for the correction of errors and re-
evaluation of decisions, these provisions help prevent miscarriages of justice and protect the
rights of landowners and other stakeholders.

 Example: A landowner who feels wronged by an erroneous revenue assessment can

seek a review or appeal, ensuring that their grievance is addressed and justice is
served.

2. Maintaining Accountability

The ability to review and revise decisions enhances the accountability of Revenue Officers.
Knowing that their decisions can be reviewed or appealed encourages Revenue Officers to
adhere to legal standards and maintain high levels of accuracy and integrity in their work.

 Example: Revenue Officers are likely to exercise greater diligence in their assessments
and decisions, knowing that any errors or injustices can be subject to review and
correction by higher authorities.

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Special and Local Laws

3. Providing a Mechanism for Redressal

The review and appeal provisions provide a formal mechanism for aggrieved parties to seek
redressal. This mechanism ensures that individuals have a recourse to address grievances,
enhancing their confidence in the revenue administration system.

 Example: Farmers, landowners, and other stakeholders can rely on the review and
appeal processes to address any issues they encounter, knowing that there is a structured
and fair mechanism to resolve their grievances.

4. Preventing Administrative Arbitrary

By allowing for hierarchical oversight and review, the provisions help prevent arbitrary
decisions by Revenue Officers. The ability to appeal to higher authorities ensures that decisions
are made based on merit and in accordance with the law.

 Example: A decision by a Tehsildar that appears arbitrary or unjust can be appealed to

the District Collector, ensuring that the decision is re-evaluated and corrected if
necessary.

Conclusion

The legal provisions for the review of decisions by Revenue Officers under the Land Revenue
Act, 1967, form a cornerstone of the land revenue administration system in Pakistan. These
provisions ensure fairness, transparency, and accountability by allowing for the correction of
errors, providing mechanisms for grievance redressal, and maintaining hierarchical oversight.
By empowering Revenue Officers to review their own decisions, allowing higher authorities
to revise orders, and providing a structured appeal process, the Act safeguards the rights of
landowners and other stakeholders. As the socio-economic landscape evolves, these review
provisions continue to play a vital role in upholding the integrity of the land revenue system,
ensuring that decisions are just, fair, and in accordance with the law.



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Special and Local Laws

Q. Explain exhaustively the legal arrangements pertaining to 'review' under the Land
Revenue Act, 1967.

Ans:
Introduction

The Land Revenue Act, 1967, serves as a foundational legal framework governing land revenue
administration in Pakistan. One of the pivotal elements of this Act is the provision for the
review of decisions made by Revenue Officers. These provisions ensure that errors can be
rectified, justice can be upheld, and the integrity of the land revenue system is maintained. This
detailed analysis explores the various aspects of the review mechanism under the Land
Revenue Act, 1967, examining the scope, procedures, and implications of these legal
arrangements.

Legal Arrangements Pertaining to 'Review' Under the Land Revenue Act,

1967
1. Section 163: Review by Revenue Officers

Section 163 of the Land Revenue Act, 1967, provides the primary legal basis for the review of
decisions made by Revenue Officers. This section allows Revenue Officers to review their own
decisions or orders under specified conditions. The key features of this provision include:

Grounds for Review

 Apparent Error on the Face of the Record: A decision or order can be reviewed if
there is an obvious mistake apparent from the records, such as clerical or arithmetic
errors.
o Example: If a calculation error in a revenue assessment results in an incorrect
amount being levied, the Revenue Officer can review and correct the mistake.
 New Evidence: The discovery of new and important evidence that was not available at
the time the original decision was made can be a ground for review.
o Example: If new land records come to light showing a discrepancy in land
ownership, the Revenue Officer can review the decision based on this new
evidence.
 Change in Circumstances: Significant changes in circumstances that were not
considered in the original decision can also justify a review.
o Example: If a natural disaster alters the land's usability, a review may be
warranted to reassess the land's revenue obligations.

Procedure for Review

 Initiation: The review can be initiated by the Revenue Officer on their own motion or
upon an application by an aggrieved party.
o Example: A landowner who believes there was an error in the revenue
assessment can file an application for review with the Revenue Officer.
 Notice: Before making any changes, the Revenue Officer must issue a notice to the
affected parties, informing them of the review and allowing them to present their case.

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Special and Local Laws

o Example: The Revenue Officer sends notices to all concerned landowners,

informing them of the impending review and inviting them to submit any
relevant information or objections.
 Hearing: The Revenue Officer may hold a hearing to gather further evidence and
allow the parties to argue their case.
o Example: During the hearing, the landowner presents new evidence regarding
the land's valuation, and the Revenue Officer re-evaluates the case
accordingly.
 Decision: After considering all the evidence and representations, the Revenue Officer
makes a decision on the review, which may involve confirming, modifying, or
reversing the original order.
o Example: The Revenue Officer concludes that the original assessment was
erroneous and issues a revised order with the correct assessment.

2. Section 164: Revision of Orders

Section 164 grants higher Revenue Officers, such as the Board of Revenue or the
Commissioner, the power to revise orders made by subordinate Revenue Officers. This
provision ensures oversight and the ability to correct errors at different administrative levels.

Scope of Revision

 Call for Records: Higher Revenue Officers can call for the records of any proceeding
under their jurisdiction to examine the legality, correctness, or propriety of any order
passed by a subordinate officer.
o Example: The Commissioner calls for the records of a Tehsildar's decision to
ensure it complies with the legal standards and principles.
 Revisory Powers: Upon reviewing the records, the higher Revenue Officer can
confirm, modify, or set aside the order, or direct a re-investigation or further inquiry.
o Example: If the Commissioner finds that the Tehsildar's order was based on
incomplete evidence, they may set aside the order and direct a fresh
investigation.

Limitations

 Time Frame: The power of revision is subject to time limitations, usually requiring
that revisions be sought within a specified period from the date of the original order.
o Example: The law may stipulate that revisions must be filed within 90 days of
the order, preventing indefinite delays in seeking redressal.
 Nature of Errors: Revisions are typically limited to addressing significant errors or
injustices, rather than minor procedural issues.
o Example: A revision may address substantial errors in the interpretation of
land laws, but not minor clerical mistakes unless they affect the outcome
materially.

3. Section 165: Appeal to Higher Authorities

Section 165 provides for appeals against decisions of Revenue Officers to higher authorities.
This hierarchical structure ensures that aggrieved parties have a formal avenue to seek
redressal.

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Special and Local Laws

Hierarchy of Appeals

 Appeal Levels: Appeals can be made from lower Revenue Officers to higher
authorities, such as from a Tehsildar to the District Collector or from the District
Collector to the Commissioner.
o Example: A landowner dissatisfied with a revenue assessment by a Tehsildar
can appeal to the District Collector for reconsideration.

Procedure for Appeals

 Filing an Appeal: The appellant must submit a formal appeal application, including
relevant documents and evidence, to the appropriate higher authority.
o Example: The landowner files an appeal with the District Collector, providing
evidence and arguments challenging the Tehsildar's assessment.
 Notice and Hearing: The appellate authority issues a notice to the parties involved
and may hold a hearing to gather further evidence and hear arguments from both
sides.
o Example: The District Collector holds a hearing, allowing the landowner to
present their case and the Tehsildar to defend the original decision.
 Decision on Appeal: After reviewing the evidence and arguments, the appellate
authority issues a decision, which may confirm, modify, or set aside the original
order.
o Example: The District Collector decides that the Tehsildar's assessment was
too high and reduces the land revenue accordingly.

4. Procedural Safeguards

The Land Revenue Act, 1967, incorporates several procedural safeguards to ensure that the
review process is fair and transparent:

 Right to Representation: Parties have the right to be represented by legal counsel

during review and appeal proceedings.
o Example: A landowner may hire a lawyer to represent them in a review hearing
before the Revenue Officer.
 Recording of Reasons: Revenue Officers are required to record detailed reasons for
their decisions, ensuring transparency and accountability.
o Example: The Revenue Officer must provide a written explanation for any
changes made during the review, detailing the basis for the decision.
 Access to Records: Parties have the right to access relevant records and documents,
enabling them to prepare their case effectively.
o Example: The landowner can request copies of the land records and revenue
assessments to support their review application.

Implications of the Review Provisions

1. Ensuring Fairness and Justice

The review provisions under the Land Revenue Act, 1967, play a crucial role in ensuring
fairness and justice in revenue administration. By allowing for the correction of errors and re-

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Special and Local Laws

evaluation of decisions, these provisions help prevent miscarriages of justice and protect the
rights of landowners and other stakeholders.

 Example: A landowner who feels wronged by an erroneous revenue assessment can

seek a review or appeal, ensuring that their grievance is addressed and justice is
served.

2. Maintaining Accountability

The ability to review and revise decisions enhances the accountability of Revenue Officers.
Knowing that their decisions can be reviewed or appealed encourages Revenue Officers to
adhere to legal standards and maintain high levels of accuracy and integrity in their work.

 Example: Revenue Officers are likely to exercise greater diligence in their

assessments and decisions, knowing that any errors or injustices can be subject to
review and correction by higher authorities.

3. Providing a Mechanism for Redressal

The review and appeal provisions provide a formal mechanism for aggrieved parties to seek
redressal. This mechanism ensures that individuals have a recourse to address grievances,
enhancing their confidence in the revenue administration system.

 Example: Farmers, landowners, and other stakeholders can rely on the review and
appeal processes to address any issues they encounter, knowing that there is a
structured and fair mechanism to resolve their grievances.

4. Preventing Administrative Arbitrary

By allowing for hierarchical oversight and review, the provisions help prevent arbitrary
decisions by Revenue Officers. The ability to appeal to higher authorities ensures that decisions
are made based on merit and in accordance with the law.

 Example: A decision by a Tehsildar that appears arbitrary or unjust can be appealed

to the District Collector, ensuring that the decision is re-evaluated and corrected if
necessary.

Conclusion

The legal provisions for the review of decisions by Revenue Officers under the Land Revenue
Act, 1967, are integral to maintaining the integrity and fairness of the land revenue
administration system in Pakistan. These provisions ensure that errors can be corrected, justice
can be upheld, and the rights of landowners and other stakeholders are protected. By
empowering Revenue Officers to review their own decisions, allowing higher authorities to
revise orders, and providing a structured appeal process, the Act ensures a robust mechanism
for addressing grievances and preventing administrative arbitrariness. As the socio-economic
landscape continues to evolve, these review provisions will remain crucial in upholding the
principles of fairness, transparency, and accountability in the land revenue system.


By : Shahid Naeem (0321-3614222) Kings Law College, Sheikhupura. 21
Special and Local Laws

Q. What do you understand by the term 'assessment'? Discuss the circumstances

under which special assessment is undertaken.
Ans:
Introduction

The term 'assessment' in the context of land revenue administration refers to the systematic
process of determining the value of land and the corresponding revenue that is to be levied on
it. This process is crucial for ensuring that landowners contribute a fair share of taxes based on
the value and productivity of their land. The Land Revenue Act, 1967, outlines various methods
and circumstances under which assessments are conducted, including regular and special
assessments. Special assessments are undertaken in specific situations that require an
adjustment or re-evaluation of land value and revenue. This detailed discussion will explore
the concept of assessment, its importance, and the circumstances under which special
assessments are conducted.

Understanding 'Assessment'
Definition

Assessment, in land revenue terms, is the process of evaluating the value of a piece of land to
determine the amount of land revenue payable by the landowner. This valuation considers
various factors such as the type of land, its productivity, location, and any improvements made
to it.

Importance of Assessment

1. Revenue Generation: Assessments are fundamental for generating revenue for the
government, which is used to fund public services and infrastructure.
2. Fair Taxation: Proper assessments ensure that landowners are taxed fairly based on
the value of their land.
3. Land Management: Assessments help in maintaining accurate records of land
ownership and usage, which are essential for effective land management and planning.

Regular Assessment

Regular assessment refers to the standard process of evaluating land value and determining
revenue, typically conducted periodically (e.g., every five years). This ensures that land
revenue records are kept up to date with the current value and usage of the land.

Procedure

1. Survey: A detailed survey of the land is conducted to gather information on its size,
type, and usage.
2. Valuation: The land is valued based on factors such as soil fertility, crop yield, and
market value.
3. Notification: Landowners are notified of the assessed value and the corresponding
revenue to be paid.
4. Collection: The assessed revenue is collected by the relevant revenue authorities.

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Special and Local Laws

Special Assessment

Special assessment is undertaken under specific circumstances that necessitate an adjustment

or re-evaluation of the land value and the corresponding revenue. These circumstances are
usually beyond the scope of regular assessment cycles and require immediate attention.

Circumstances for Special Assessment

1. Change in Land Use: When there is a significant change in the use of land, such as
agricultural land being converted to commercial or residential use.
o Example: A piece of farmland is developed into a housing colony, necessitating
a re-evaluation of its value and the revenue payable.
2. Natural Calamities: When land is affected by natural calamities such as floods,
droughts, earthquakes, or other disasters that significantly impact its value and
productivity.
o Example: A flood damages a large area of agricultural land, reducing its
productivity and necessitating a reassessment of revenue.
3. Government Projects: When land is acquired or affected by government projects such
as road construction, industrial development, or infrastructure expansion.
o Example: The government acquires land for a highway project, requiring a
special assessment to determine compensation for the landowners.
4. Discovery of Resources: When valuable resources such as minerals, oil, or gas are
discovered on the land, significantly increasing its value.
o Example: The discovery of an oil reserve on a piece of land increases its value,
prompting a special assessment to adjust the revenue.
5. Improvement or Development: When substantial improvements or developments are
made on the land, such as the construction of buildings, irrigation facilities, or other
infrastructure.
o Example: The construction of a commercial complex on previously
undeveloped land necessitates a reassessment to reflect the increased value.
6. Legal Disputes: When legal disputes regarding land ownership or boundaries are
resolved, leading to changes in land value and necessitating a re-evaluation.
o Example: A court ruling resolves a boundary dispute between two
landowners, requiring a reassessment of the affected parcels of land.

Procedure for Special Assessment

1. Initiation: The need for a special assessment can be initiated by the landowner, revenue
authorities, or as a result of government action or natural events.
o Example: A landowner affected by a natural disaster may request a special
assessment to reduce their revenue obligations.
2. Survey and Inspection: A thorough survey and inspection of the land are conducted
to assess the extent of changes and gather necessary data.
o Example: Revenue officials inspect flood-damaged land to evaluate the impact
on productivity and value.
3. Valuation: The land is valued considering the new circumstances, using criteria such
as market value, productivity, and any changes in usage.
o Example: The valuation of land converted to commercial use is based on
current market rates for commercial properties.

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Special and Local Laws

4. Notification: The landowner is notified of the special assessment and the revised
revenue to be paid.
o Example: The landowner receives a notice detailing the new assessed value and
the adjusted revenue amount.
5. Appeal: The landowner has the right to appeal the special assessment if they believe it
to be unfair or inaccurate.
o Example: A landowner disputes the assessment of land affected by a
government project, seeking a re-evaluation.
6. Collection: The revised revenue is collected based on the special assessment.
o Example: The landowner pays the adjusted revenue as per the new assessment.

Conclusion

Assessment is a crucial aspect of land revenue administration, ensuring that landowners

contribute fairly to government revenue based on the value of their land. While regular
assessments are conducted periodically to keep records up to date, special assessments address
specific circumstances that significantly impact land value and usage. These include changes
in land use, natural calamities, government projects, discovery of resources, improvements,
and legal disputes. Special assessments ensure that the land revenue system remains equitable
and responsive to changing conditions, thereby maintaining the integrity and efficiency of land
revenue administration in Pakistan.



Q. Define the term "Boundary Mark" and explain various boundary marks laid
down under the Land Revenue Act, 1967. Also highlight the importance of such
boundary marks in revenue administration.

Ans:
Introduction

In the realm of land revenue administration, the term "boundary mark" holds significant
importance. Boundary marks are physical indicators used to demarcate the limits of land
parcels. These marks ensure clarity in land ownership, prevent disputes, and facilitate efficient
land management and revenue collection. The Land Revenue Act, 1967, provides detailed
provisions regarding the establishment and maintenance of boundary marks. This discussion
will define boundary marks, explain the various types laid down under the Act, and highlight
their importance in revenue administration.

Definition of "Boundary Mark"

A boundary mark is a physical marker or structure that delineates the boundary of a parcel of
land. These marks can be natural or man-made and are established to provide a clear, visible
demarcation of land ownership and usage boundaries.

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Special and Local Laws

Types of Boundary Marks under the Land Revenue Act, 1967

The Land Revenue Act, 1967, specifies various types of boundary marks to be used for
demarcating land parcels. These marks include natural and artificial markers that are
recognized and maintained by the revenue authorities. The primary types of boundary marks
are as follows:

1. Permanent Boundary Marks:

o Description: Permanent boundary marks are durable and long-lasting structures
that serve as fixed points of reference. They are typically made of concrete,
stone, or metal and are designed to withstand environmental conditions.
o Examples: Concrete pillars, stone cairns, iron posts.
2. Temporary Boundary Marks:
o Description: Temporary boundary marks are less durable and are used in
situations where a permanent marker is not feasible or necessary. They are
intended for short-term use and may need to be replaced periodically.
o Examples: Wooden stakes, flags, painted markers.
3. Natural Boundary Marks:
o Description: Natural boundary marks use existing natural features to demarcate
boundaries. These marks are less susceptible to tampering or removal but may
change over time due to natural processes.
o Examples: Trees, rivers, hills, and other distinct natural features.
4. Artificial Boundary Marks:
o Description: Artificial boundary marks are man-made markers specifically
installed to delineate boundaries. They are typically used in areas where natural
features are not sufficient to define boundaries clearly.
o Examples: Fences, walls, trenches, and other constructed features.

Importance of Boundary Marks in Revenue Administration

Boundary marks play a crucial role in the effective administration of land revenue. Their
importance can be highlighted through the following points:

1. Prevention of Land Disputes:

o Clear boundary marks help prevent disputes between landowners by providing
a visible and recognized demarcation of property lines. This reduces conflicts
and ensures peaceful coexistence among neighboring landowners.
o Example: A well-marked boundary between two farms can prevent disputes
over land usage and ownership.
2. Accurate Land Records:
o Boundary marks facilitate the accurate recording of land ownership and usage.
This ensures that land records are precise and up-to-date, which is essential for
efficient land management and revenue collection.
o Example: Accurate boundary marks ensure that land surveyors can correctly
map and record land parcels.
3. Efficient Land Revenue Collection:
o Clear and well-maintained boundary marks enable revenue authorities to
determine the exact extent of land parcels and assess the corresponding land
revenue accurately. This ensures that landowners are taxed fairly based on the
size and value of their land.

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Special and Local Laws

o Example: Revenue officials can easily verify the boundaries of a land parcel
when assessing land revenue, ensuring correct tax collection.
4. Facilitation of Land Transactions:
o Boundary marks provide clarity and confidence in land transactions, such as
sales, leases, and inheritance. Clear demarcation of boundaries ensures that
buyers and sellers have a precise understanding of the property being
transferred.
o Example: A buyer can confidently purchase a piece of land knowing that its
boundaries are clearly marked and recognized.
5. Support for Development Planning:
o Boundary marks are essential for effective land use planning and development.
They help authorities plan infrastructure projects, allocate resources, and
manage land use efficiently.
o Example: Urban planners can design roads, utilities, and public spaces with
clear knowledge of land boundaries.
6. Environmental Protection:
o Boundary marks can also play a role in environmental protection by clearly
demarcating conservation areas, protected lands, and zones designated for
specific environmental purposes.
o Example: Boundary marks can delineate the boundaries of a protected forest
area, preventing encroachment and ensuring its conservation.

Conclusion

Boundary marks are indispensable tools in land revenue administration. They provide clear and
visible demarcation of land parcels, preventing disputes, ensuring accurate land records,
facilitating efficient revenue collection, supporting land transactions, aiding development
planning, and contributing to environmental protection. The Land Revenue Act, 1967, outlines
various types of boundary marks, including permanent, temporary, natural, and artificial
markers. These boundary marks are crucial for maintaining the integrity and efficiency of the
land revenue system, ensuring that landowners and authorities have a precise understanding of
land boundaries. Their proper establishment and maintenance are essential for effective land
management and the smooth functioning of the revenue administration.



Q. Explain the procedure of fixation of boundary line between the riverain estates.

Ans:

Introduction

Fixing boundary lines between riverain estates is a critical task in land revenue administration,
especially in regions where rivers and water bodies frequently alter land boundaries due to
natural processes like flooding and erosion. The Land Revenue Act, 1967, provides a
comprehensive framework for determining and fixing these boundaries to ensure fair and
accurate land ownership records. This detailed discussion will outline the procedure for fixing
boundary lines between riverain estates, highlighting the steps involved and the importance of
maintaining clear and legally recognized boundaries.

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Special and Local Laws

FIXATION OF BOUNDARY LINES BETWEEN RIVERAIN ESTATES

1. Identification and Notification

Initial Survey:

 A thorough survey is conducted to identify the current boundaries of the riverain

estates. This involves using maps, historical records, and physical inspection of the
land.
 Surveyors and revenue officials mark the initial boundaries based on existing
landmarks and natural features.

Notification of Interested Parties:

 All landowners and stakeholders involved are notified about the intention to fix the
boundary lines. This notification includes details about the survey and the steps
involved in fixing the boundaries.
 Public notices are often issued to ensure that all parties, including those who might not
be directly reachable, are informed.

2. Survey and Mapping

Conducting the Survey:

 A detailed survey is carried out using modern techniques such as GPS and satellite
imagery, along with traditional methods. This helps in accurately mapping the riverain
area and noting any changes caused by natural factors.
 The survey includes measuring the length and breadth of the land, noting the course of
the river, and identifying any areas of erosion or deposition.

Preparation of Maps:

 Based on the survey data, detailed maps are prepared showing the current boundaries,
landmarks, and significant features of the riverain estates.
 These maps serve as official records and are used as references throughout the boundary
fixation process.

3. Boundary Marking

Temporary Markers:

 Temporary boundary markers are placed along the identified boundary lines. These
markers are often made of materials like wood or plastic and are intended to provide a
visual guide for the final boundary.
 These markers are placed at regular intervals and at significant turning points along the
boundary.

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Special and Local Laws

Consultation and Objections:

 Landowners and other stakeholders are invited to inspect the temporary markers and
maps. This step allows them to raise any objections or concerns regarding the proposed
boundaries.
 Revenue officials consider these objections and make necessary adjustments to ensure
that the boundaries are fair and accurate.

Permanent Markers:

 Once the consultation process is complete and any objections are resolved, permanent
boundary markers are installed. These markers are usually made of durable materials
like concrete, stone, or metal.
 Permanent markers are placed at key points along the boundary line and are recorded
in official land records.

4. Legal Formalities

Preparation of Boundary Reports:

 Detailed reports are prepared documenting the entire boundary fixation process,
including the initial survey, objections raised, and final decisions.
 These reports are submitted to higher revenue authorities for approval and are included
in the official land records.

Final Notification:

 A final notification is issued to all stakeholders, officially declaring the fixed boundary
lines. This notification includes maps, descriptions of the boundaries, and locations of
the permanent markers.
 Landowners are given copies of the maps and records for their reference.

Recording in Land Records:

 The fixed boundaries are entered into the official land records, updating any previous
records to reflect the new boundaries.
 These records are used for future reference in land transactions, revenue collection, and
dispute resolution.

Importance of Fixing Boundary Lines Between Riverain Estates

1. Preventing Disputes:
o Clear and legally recognized boundaries help prevent disputes between
landowners, ensuring peaceful coexistence and fair land ownership.
o Example: Fixing boundaries between two estates reduces conflicts over land
usage, especially in areas prone to river shifts.
2. Accurate Land Records:
o Accurate boundary fixation ensures that land records are up-to-date and reflect
the true extent of land parcels.

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Special and Local Laws

o Example: Land records with clear boundaries help in efficient land management
and planning.
3. Fair Revenue Collection:
o With clear boundaries, revenue authorities can accurately assess and collect
land revenue based on the true extent of land owned by each landowner.
o Example: Revenue officials can levy taxes fairly without disputes over land
area.
4. Facilitating Land Transactions:
o Fixed boundaries provide clarity and confidence in land transactions, ensuring
that buyers and sellers have a precise understanding of the property being
transferred.
o Example: Buyers are more confident in purchasing land with clearly defined
and legally recognized boundaries.
5. Supporting Development and Planning:
o Clear boundaries aid in effective land use planning and development, helping
authorities plan infrastructure projects and allocate resources efficiently.
o Example: Urban planners can design roads, utilities, and public spaces with
clear knowledge of land boundaries.

Conclusion

The fixation of boundary lines between riverain estates is a crucial aspect of land revenue
administration, ensuring that land ownership and usage are clearly defined and legally
recognized. The procedure involves detailed surveys, stakeholder consultations, and the
installation of permanent markers to provide clear and accurate boundaries. By preventing
disputes, ensuring fair revenue collection, and supporting land transactions and development,
fixed boundary lines play a vital role in maintaining the integrity and efficiency of the land
revenue system. The Land Revenue Act, 1967, provides a comprehensive framework for this
process, ensuring that boundary fixation is carried out systematically and fairly, benefiting
landowners and the broader community.



Q. Who may apply for partition of land. Discuss the restrictions, if any, on partition. Also
highlight the effect of partition made privately. (V. Important)
Q. Who can apply for partition of land? Whether any restrictions have been imposed on
partition of any land? If so, please explain.

Ans:

Introduction

Partition of land is a fundamental legal process that addresses the division of jointly owned
land into individual shares, allowing each co-owner to enjoy their portion independently. This
process is especially significant in agricultural economies like Pakistan, where land is a crucial
asset often held in joint ownership due to inheritance laws and family traditions. The Land
Revenue Act, 1967, provides the legal framework for partitioning land in Pakistan, ensuring
that the rights of all co-owners are respected and the land is divided fairly.

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Special and Local Laws

Understanding who can apply for the partition of land, the restrictions imposed on such
partitioning, and the consequences of privately arranged partitions is essential for law students
studying Special and Local Laws. This knowledge helps in appreciating the legal complexities
involved in land ownership and the mechanisms available to resolve disputes among co-
owners.

When multiple individuals inherit or jointly purchase land, they often prefer to divide the land
to avoid conflicts and to manage their portions independently. The partition process involves a
formal application to the Revenue Officer, who oversees land administration and ensures
compliance with the legal requirements set forth by the Land Revenue Act, 1967. The Revenue
Officer plays a crucial role in maintaining land records, resolving disputes, and ensuring that
the partition does not negatively impact common utilities or agricultural productivity.

Restrictions on land partition are designed to maintain the integrity and usability of the land.
For example, certain common properties like pathways or wells, which are essential for all co-
owners, cannot be divided. Additionally, there are regulations to prevent the fragmentation of
agricultural land, which could reduce its productivity and economic value. Moreover, ongoing
legal disputes over ownership or boundaries can halt the partition process until resolved.

Privately arranged partitions, while seemingly expedient, carry significant risks. They often
lack legal validity and formal recognition, leading to potential disputes and complications in
future transactions. Understanding these aspects is crucial for ensuring that land partitions are
conducted fairly, legally, and without adverse effects on the parties involved.

Who Can Apply for Partition of Land?

Under the Land Revenue Act, 1967, any co-owner of the land is eligible to apply for its
partition. This includes individuals who have inherited the land or those who have purchased
it jointly. The application for partition must be submitted to the Revenue Officer, who has the
authority to process and oversee the partition according to legal standards.

For instance, if several siblings inherit a piece of agricultural land from their deceased parent,
each sibling, as a co-owner, has the right to apply for the partition. This allows them to receive
their respective shares of the land individually, facilitating independent management and
ownership.

Restrictions on Partition of Land

Several restrictions are imposed on the partition of land to ensure that the process is equitable
and complies with existing laws:

1. Undivided Common Property:

Certain properties used collectively by all co-owners, such as pathways, wells, or

watercourses, cannot be partitioned. These utilities must remain accessible to all co-
owners, and the Revenue Officer ensures that these common facilities are preserved.

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2. Minimum Land Holding:

There are statutory restrictions regarding the minimum size of land holdings. If
partitioning the land results in any portion falling below this minimum size, the
application may be denied to avoid creating economically nonviable land parcels.

3. Agricultural Land:

Restrictions on agricultural land aim to prevent excessive fragmentation that could

impact agricultural productivity. Policies ensure that the land remains viable for
farming and other agricultural activities, thus protecting its economic value.

4. Legal Disputes:

Ongoing legal disputes related to the ownership or boundaries of the land can delay the
partition process. The partition cannot proceed until these disputes are resolved,
ensuring that the division is fair and uncontested.

Effect of Partition Made Privately

Privately arranged partitions, where co-owners agree to divide the land without legal
formalities, have significant implications:

1. Legal Validity:

These partitions often lack formal recognition and legal validity. Without legal
oversight, such partitions may not be enforceable in a court of law, making them
vulnerable to future disputes.

2. Record Keeping:

Proper partitioning involves updating official land records to reflect the new ownership
divisions. Privately made partitions may not be recorded in land registers, leading to
complications during future transactions or inheritance.

3. Disputes and Conflicts:

Without the legal framework, privately arranged partitions can lead to disputes among
co-owners. Perceptions of unfairness or changes in circumstances can result in
prolonged litigation, financial losses, and familial discord.

Conclusion

The partition of land in Pakistan, governed by the Land Revenue Act, 1967, is a critical legal
process ensuring fair division among co-owners. Any co-owner can apply for partition, but the
process is subject to restrictions designed to maintain common utilities, prevent excessive land
fragmentation, and resolve legal disputes. Privately arranged partitions, though expedient,
often lack legal validity and can lead to significant conflicts and complications. Therefore,
pursuing partition through formal legal channels is advisable to ensure fairness, legality, and
proper documentation. This understanding is vital for law students and practitioners dealing

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with land ownership and property rights in Pakistan, highlighting the importance of adhering
to legal procedures in land partition matters.



Q. Discuss the procedure of settlement of question as to title if the Revenue Officer is

confronted with such question during the course of partition proceedings.

Ans:

Introduction

Partition of land is a significant legal process that ensures each co-owner of jointly held
property can enjoy their share independently. However, during the partition proceedings,
questions regarding the title of the land often arise. Title disputes can complicate the process,
necessitating a clear and legally sound resolution. The Land Revenue Act, 1967, provides a
framework for addressing such disputes, ensuring that the partition is fair and legal.
Understanding the procedure for settling questions of title during partition proceedings is
crucial for law students and practitioners in Pakistan, as it highlights the intersection of property
law and administrative law.

Procedure for Settlement of Title Disputes

When the Revenue Officer encounters a question regarding the title of the land during partition
proceedings, the following steps are typically followed:

1. Identification of Title Dispute:

The first step is the identification of the title dispute. This may arise when one or more
parties contest the ownership of the land or specific portions of it. The dispute could
involve claims of inheritance, purchase, or adverse possession.

2. Referral to Competent Authority:

According to Section 135 of the Land Revenue Act, 1967, if the Revenue Officer finds
that the question of title is complex or contentious, it is beyond their jurisdiction to
settle such disputes. The Revenue Officer must refer the matter to a competent civil
court. This ensures that the dispute is resolved by a judicial body with the authority to
adjudicate on matters of title.

3. Stay of Partition Proceedings:

Once a title dispute is identified and referred to the civil court, the partition proceedings
are generally stayed. This means that the process of dividing the land is put on hold
until the title dispute is resolved. This prevents any further complications that could
arise from proceeding with the partition without a clear resolution of ownership.

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4. Court's Decision:

The civil court examines the evidence presented by the disputing parties, including land
records, purchase agreements, wills, and other relevant documents. The court may also
hear testimonies and conduct site inspections if necessary. Based on the evidence, the
court delivers a judgment determining the rightful owner(s) of the land.

5. Implementation of Court’s Decision:

Once the civil court resolves the title dispute, the partition proceedings can resume. The
Revenue Officer implements the court's decision, ensuring that the partition is carried
out in accordance with the court’s judgment. This involves updating land records to
reflect the court's determination of ownership and proceeding with the division of land
as per the agreed or mandated shares.

6. Notification to Parties:

The parties involved are notified of the court's decision and the resumption of the
partition proceedings. The Revenue Officer ensures that all parties understand the
outcome and their respective shares of the land.

Practical Example

Consider a scenario where three siblings inherit a piece of agricultural land from their father.
During the partition proceedings, a fourth individual claims a portion of the land, asserting that
they purchased it from the deceased father, but the sale was not recorded officially. The
Revenue Officer, recognizing the complexity of the claim, refers the matter to a civil court.
The court examines the sale agreement, hears testimonies, and determines that the sale was
valid but incomplete due to procedural errors. The court then orders the correction of the
records and declares the fourth individual as a legitimate co-owner. The partition proceedings
resume, and the land is divided among the four rightful owners.

Conclusion

The settlement of title disputes during partition proceedings is a crucial aspect of land
administration under the Land Revenue Act, 1967. The Revenue Officer, upon encountering a
title dispute, must refer the matter to a competent civil court, ensuring that the dispute is
resolved legally and justly. This process ensures that the partition is conducted fairly, with clear
ownership established before the division of land. Understanding this procedure is essential for
law students and practitioners, as it underscores the importance of legal frameworks in
resolving property disputes and maintaining orderly land administration.



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Q. Critically examine the procedure to be adopted by the Revenue Officer if question as

to title arises during the course of partition of land
Ans:
Introduction

Partition of land is a critical process that allows co-owners of jointly held property to divide it
into distinct portions for individual ownership and use. However, during these proceedings,
disputes over the title can arise, complicating the process and necessitating a clear resolution
to ensure fairness and legality. The Land Revenue Act, 1967, outlines the procedure for
handling such disputes, ensuring they are settled by the appropriate authority. This examination
delves into the procedural steps taken by the Revenue Officer when faced with a title dispute
during partition proceedings, analyzing its effectiveness and potential areas for improvement.

PROCEDURE FOR SETTLEMENT OF TITLE DISPUTES

When a question of title arises during the partition proceedings, the Revenue Officer must
follow a structured procedure to ensure the dispute is resolved legally and equitably.

1. Identification of Title Dispute

The first step is to identify the nature and extent of the title dispute. This involves assessing
claims made by the parties regarding ownership. Disputes may involve conflicting inheritance
claims, allegations of forged documents, or contested sales.

Example: Two siblings, A and B, are undergoing partition proceedings when a third party, C,
claims ownership of a portion of the land based on a sale agreement with the deceased parent
of A and B.

2. Referral to Competent Authority

Under Section 135 of the Land Revenue Act, 1967, if the Revenue Officer determines that the
title dispute is complex or contentious, they must refer the matter to a competent civil court.
The Revenue Officer does not have the jurisdiction to decide on matters of title, which ensures
that such disputes are resolved by judicial bodies equipped to handle them.

Analysis: This referral mechanism is crucial because it prevents administrative officers from
overstepping their legal expertise and ensures that disputes are resolved through proper judicial
processes. However, this step can cause delays in partition proceedings, impacting the co-
owners’ ability to promptly access their shares.

3. Stay of Partition Proceedings

Once a title dispute is referred to the civil court, the partition proceedings are typically stayed.
This means that the process of dividing the land is put on hold until the title dispute is resolved.

Analysis: Staying the partition proceedings prevents further complications that could arise
from dividing the land without clear ownership. However, this can also lead to prolonged

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delays, which can be frustrating for the parties involved and may result in financial or
operational setbacks.

4. Court's Decision

The civil court examines the evidence presented by the disputing parties, including land
records, purchase agreements, wills, and other relevant documents. The court may also hear
testimonies and conduct site inspections if necessary. Based on the evidence, the court delivers
a judgment determining the rightful owner(s) of the land.

Example: In our scenario, the court would review the sale agreement presented by C, verify
its authenticity, and hear testimonies from witnesses or experts before making a ruling on C's
claim.

5. Implementation of Court’s Decision

Once the civil court resolves the title dispute, the partition proceedings can resume. The
Revenue Officer implements the court's decision, updating land records to reflect the new
ownership status and proceeding with the division of land according to the court's directives.

Analysis: This ensures that the partition is conducted based on legally recognized ownership.
However, the efficiency of this implementation depends on the responsiveness of the land
administration system and the parties' compliance with the court’s ruling.

6. Notification to Parties

The parties involved are notified of the court's decision and the resumption of the partition
proceedings. The Revenue Officer ensures that all parties are informed of the outcome and
understand their respective shares of the land.

Analysis: Effective communication is vital to prevent misunderstandings and ensure smooth

continuation of the partition process. Delays or miscommunication at this stage can lead to
further disputes or dissatisfaction among the parties.

CRITICAL EXAMINATION

The procedure adopted by the Revenue Officer in the event of a title dispute is designed to
ensure fairness and legal compliance. However, several critical points emerge from this
examination:

1. Efficiency and Delays:

The referral to a civil court and subsequent stay of proceedings can lead to significant
delays. While this ensures a legal resolution, it can be burdensome for the parties
involved. Streamlining the referral process and ensuring prompt court decisions could
mitigate these delays.

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2. Jurisdictional Clarity:

Ensuring that the Revenue Officer promptly identifies disputes that fall outside their
jurisdiction is crucial. Clear guidelines and training can help Revenue Officers quickly
and accurately assess when to refer matters to the court.

3. Access to Justice:

Parties involved in title disputes must have access to legal representation and fair
hearing. This includes ensuring that economically disadvantaged parties are not side
lined due to a lack of resources.

4. Record Keeping and Transparency:

Maintaining accurate and up-to-date land records is essential. The integration of

modern technology in land administration can enhance transparency, reduce disputes,
and facilitate quicker resolution when disputes arise.

Conclusion

The procedure for handling title disputes during land partition proceedings, as outlined by the
Land Revenue Act, 1967, involves identifying disputes, referring them to competent courts,
and staying proceedings until resolution. While this ensures legal fairness, it can also lead to
delays and additional burdens on the parties involved. Enhancing the efficiency of the referral
process, improving jurisdictional clarity, ensuring access to justice, and leveraging technology
for better record-keeping can address these challenges. Understanding and critically examining
these procedures is crucial for law students and practitioners, as it underscores the importance
of balancing legal thoroughness with procedural efficiency in land administration.



Q. All the matters under the Act are to be solved by the Revenue Machinery provided
by the Act. However, there are certain matters over which the civil courts have the
jurisdiction to try, discuss.

Ans:

Introduction

The Land Revenue Act, 1967, primarily assigns the responsibility of land administration and
dispute resolution to the Revenue Officers and other officials designated under the Act. This
system ensures that matters related to land records, revenue collection, and partitions are
handled efficiently by specialized authorities. However, certain disputes, especially those
involving questions of title and complex legal issues, fall outside the purview of the Revenue
Officers. These matters are within the jurisdiction of civil courts, ensuring that such disputes
are resolved through a judicial process. This discussion will explore the types of matters
handled by the Revenue Machinery and those that require adjudication by civil courts.

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Jurisdiction of Revenue Officers

Revenue Officers, appointed under the Land Revenue Act, 1967, are responsible for various
functions related to land administration and revenue collection. Their jurisdiction
encompasses:

1. Maintenance of Land Records

Revenue Officers are responsible for maintaining accurate land records, which include
details of ownership, boundaries, and transfers. This ensures that landholding
information is up-to-date and legally recognized.

Example: If a landowner sells a portion of their land to another person, the Revenue
Officer records this transaction, updating the land records to reflect the new ownership.

2. Collection of Land Revenue

They assess and collect land revenue based on the classification and usage of the land.
This involves determining the revenue payable by landowners and ensuring timely
collection.

Example: A farmer who owns agricultural land pays annual land revenue. The Revenue
Officer assesses the amount based on the land's productivity and other factors and
collects the revenue accordingly.

3. Partition of Land

Revenue Officers conduct partition proceedings to divide jointly held land among co-
owners. This involves surveying the land, preparing partition plans, and updating
records to reflect the new divisions.

Example: Three siblings inherit a piece of land from their deceased parent. They apply
for partition to divide the land into three equal parts. The Revenue Officer conducts the
partition, ensuring each sibling receives their share.

4. Resolution of Revenue Disputes

They handle disputes related to land revenue, such as disagreements over the assessed
revenue amount, arrears, and exemptions.

Example: A landowner disputes the revenue assessment, claiming it is too high. The
Revenue Officer reviews the assessment and, if justified, adjusts the amount
accordingly.

5. Correction of Records

Revenue Officers can correct errors in land records, such as misspelled names, incorrect
boundaries, or outdated ownership details.

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Example: A land record mistakenly lists the wrong owner due to a clerical error. The
Revenue Officer corrects this error, updating the records to show the correct owner.

Matters Under Civil Court Jurisdiction

Certain matters, especially those involving complex legal issues and disputes over land
ownership, fall under the jurisdiction of civil courts. These courts are equipped to handle
intricate legal questions and provide binding resolutions. Key matters include:

1. Disputes Over Title

Civil courts handle disputes regarding the title of the land, including conflicts over
ownership, inheritance claims, and allegations of fraudulent transfers.

Example: Two parties claim ownership of a piece of land based on different

documents. One party has a will from the deceased owner, while the other has a sale
agreement. The civil court examines the validity of these documents and determines the
rightful owner.

2. Adjudication of Complex Legal Issues

Matters involving intricate legal questions, such as the interpretation of contracts, wills,
or statutory provisions, are within the civil courts' jurisdiction.

Example: A will specifies that a piece of land should be divided among three heirs.
However, the language of the will is ambiguous, leading to different interpretations.
The civil court interprets the will and determines the correct division of the land.

3. Enforcement of Rights and Remedies

Civil courts handle cases where parties seek enforcement of rights or remedies that go
beyond the administrative powers of Revenue Officers. This includes injunctions,
specific performance of contracts, or compensation for damages.

Example: A landowner seeks an injunction to prevent a neighbour from encroaching

on their property. The civil court issues the injunction, legally preventing the neighbour
from further encroachment.

4. Boundary Disputes

Major boundary disputes, especially those involving multiple parties or extensive land
areas, are adjudicated by civil courts.

Example: Two neighbouring landowners disagree on the exact boundary line between
their properties. The civil court reviews the evidence, including land records and
surveys, and determines the correct boundary.

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5. Matters Involving Fraud or Forgery

Cases involving allegations of fraud, forgery, or other criminal acts related to land
transactions fall under the jurisdiction of civil courts.

Example: A person claims ownership of land using forged documents. The civil court
investigates the allegations, verifies the authenticity of the documents, and takes
appropriate legal action against the fraudster.

Critical Analysis

The division of jurisdiction between Revenue Officers and civil courts ensures that land-related
disputes are resolved efficiently and fairly. However, this division also presents certain
challenges and opportunities for improvement:

1. Efficiency vs. Legal Expertise:

Revenue Officers are equipped to handle routine administrative matters quickly and
efficiently. However, their lack of judicial training and authority limits their ability to
resolve complex legal disputes. Referring such matters to civil courts ensures proper
legal scrutiny but can lead to delays and increased litigation costs.

2. Clear Guidelines Needed:

There is a need for clear guidelines delineating the specific types of disputes that must
be referred to civil courts. This can prevent jurisdictional conflicts and ensure that
disputes are handled by the appropriate authority from the outset.

3. Training and Capacity Building:

Enhancing the training and capacity of Revenue Officers can improve their ability to
handle certain types of disputes more effectively. This can reduce the burden on civil
courts and expedite the resolution of land-related matters.

4. Integrated Dispute Resolution Mechanisms:

Establishing integrated dispute resolution mechanisms, where Revenue Officers and

civil courts work collaboratively, can enhance the efficiency and effectiveness of land
dispute resolution. This can involve mediation or arbitration processes that bridge
administrative and judicial functions.

Conclusion

The Land Revenue Act, 1967, establishes a dual system of jurisdiction where Revenue Officers
handle routine administrative and revenue-related matters, while civil courts adjudicate
complex legal disputes involving questions of title, boundary disputes, and fraud. This division
ensures that land-related disputes are resolved by the appropriate authority, balancing
efficiency and legal expertise. However, there are opportunities to enhance this system through
clearer guidelines, better training for Revenue Officers, and integrated dispute resolution
mechanisms. Understanding this jurisdictional framework is crucial for law students and

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practitioners, as it underscores the importance of both administrative efficiency and judicial

scrutiny in the fair and equitable resolution of land disputes.



Q. Discuss the arrangements which have been made for the settlement of disputes through
arbitration under the provisions of The Land Revenue Act, 1967.

Ans:

Introduction

The Land Revenue Act, 1967, is a comprehensive piece of legislation that governs land
administration, revenue collection, and the resolution of disputes related to land in Pakistan.
Among its various provisions, the Act includes mechanisms for the settlement of disputes
through arbitration. Arbitration is a method of alternative dispute resolution (ADR) that allows
parties to resolve their conflicts outside the formal court system. This process can be more
efficient, less formal, and quicker than traditional litigation. Understanding the arrangements
for arbitration under the Land Revenue Act, 1967, is crucial for law students and practitioners,
as it provides an alternative means to resolve disputes that may arise during land administration.

ARBITRATION UNDER THE LAND REVENUE ACT, 1967

The Land Revenue Act, 1967, outlines specific provisions for the settlement of disputes
through arbitration, ensuring that parties have an efficient and effective method to resolve
conflicts. The key aspects of these arrangements include:

1. Scope of Arbitration

The Act allows for arbitration in various types of disputes related to land, including but not
limited to, disputes over land boundaries, revenue assessments, and other administrative issues.
However, certain disputes, particularly those involving questions of title or complex legal
issues, may not be suitable for arbitration and would require adjudication by civil courts.

Example: A dispute between two landowners over the exact boundary line of their adjacent
properties can be referred to arbitration. An arbitrator, agreed upon by both parties, can
examine the evidence, including land records and surveys, and make a binding decision on the
boundary.

2. Appointment of Arbitrators

The parties involved in a dispute can agree to appoint one or more arbitrators to resolve their
conflict. If the parties cannot agree on an arbitrator, the Revenue Officer has the authority to
appoint one on their behalf. The arbitrator(s) must be impartial and knowledgeable about the
subject matter of the dispute.

Example: In a dispute over the calculation of land revenue, both parties might agree to appoint
a retired Revenue Officer as the arbitrator due to their expertise in revenue matters.

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3. Arbitration Agreement

For arbitration to proceed, the parties must enter into an arbitration agreement. This agreement
outlines the terms of the arbitration, including the scope of the arbitrator’s authority, the issues
to be resolved, and the procedure to be followed. The agreement ensures that both parties are
committed to the arbitration process and accept the arbitrator’s decision as binding.

Example: Two parties in a boundary dispute may sign an arbitration agreement specifying that
the arbitrator’s decision will be final and binding, and they will not pursue further litigation on
the matter.

4. Conduct of Arbitration Proceedings

Arbitration proceedings under the Act are less formal than court proceedings. The arbitrator
has the discretion to determine the procedure to be followed, ensuring that the process is fair
and efficient. This may include holding hearings, examining evidence, and conducting site
inspections if necessary.

Example: During an arbitration over a land boundary dispute, the arbitrator may visit the
disputed site, review land records, and hear testimonies from both parties before making a
decision.

5. Arbitration Award

The arbitrator’s decision, known as the arbitration award, is binding on the parties. Once the
award is made, it is typically final, and the parties must comply with the decision. The award
can be enforced through the relevant Revenue Officer, ensuring that the resolution is
implemented promptly.

Example: If the arbitrator determines the correct boundary between two properties, both parties
must adhere to this decision. The land records are updated accordingly to reflect the new
boundary.

6. Appeal and Review

While the arbitration award is generally final and binding, there may be limited grounds for
appeal or review. If a party believes that there was a procedural error, bias, or misconduct
during the arbitration, they may seek a review by the Revenue Officer or a higher authority
within the land administration system.

Example: A party dissatisfied with the arbitration award due to alleged bias by the arbitrator
can appeal to the Revenue Officer, who will review the case and determine if there are grounds
for revisiting the decision.

CRITICAL ANALYSIS
The arbitration mechanism under the Land Revenue Act, 1967, provides an effective means
for resolving land disputes without resorting to lengthy and costly litigation. However, there
are several aspects to consider for its effective implementation:

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1. Efficiency and Speed:

Arbitration is designed to be quicker than court proceedings, providing parties with a

timely resolution to their disputes. This is particularly beneficial in land-related matters
where delays can lead to significant economic and social consequences.

2. Expertise of Arbitrators:

The effectiveness of arbitration largely depends on the expertise and impartiality of the
arbitrators. Ensuring that arbitrators are well-versed in land administration and revenue
matters is crucial for fair and accurate decisions.

3. Binding Nature of Awards:

The binding nature of arbitration awards ensures finality in dispute resolution.

However, it also means that parties must carefully select their arbitrators and agree to
the terms of arbitration, as there is limited scope for appeal.

4. Accessibility and Awareness:

Promoting awareness about arbitration as a dispute resolution mechanism is essential.

Landowners and other stakeholders should be informed about the availability and
benefits of arbitration under the Act.

5. Training and Capacity Building:

Regular training and capacity-building programs for arbitrators and Revenue Officers
can enhance the efficiency and effectiveness of the arbitration process. This ensures
that they are equipped to handle disputes impartially and competently.

Conclusion

The Land Revenue Act, 1967, provides a robust framework for the settlement of land disputes
through arbitration. This alternative dispute resolution mechanism offers an efficient, less
formal, and quicker means of resolving conflicts, particularly those related to land boundaries,
revenue assessments, and administrative issues. While arbitration under the Act ensures finality
and efficiency, its success hinges on the expertise of arbitrators, awareness among stakeholders,
and the effective implementation of arbitration awards. Understanding and utilizing the
arbitration provisions of the Land Revenue Act, 1967, can significantly enhance the resolution
of land disputes, contributing to more orderly and equitable land administration in Pakistan.



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Q. Discuss the law relating to appeals under the Land Revenue Act, 1967. (V. Important).

Ans:

Introduction

The Land Revenue Act, 1967, is a cornerstone of land administration and revenue collection
in Pakistan. This legislative framework provides detailed procedures for the management,
assessment, and collection of land revenue. One of the most crucial aspects of this Act is its
provisions for appeals. The right to appeal ensures that individuals can challenge decisions they
find erroneous or unjust, thereby fostering a fair and transparent revenue system. The appeal
mechanism under the Land Revenue Act, 1967, is designed to correct mistakes, prevent misuse
of power, and uphold justice. This process involves a well-structured hierarchy of appellate
authorities, specific procedural requirements, and clearly defined grounds for appeal.
Understanding these provisions is essential for law students, legal practitioners, and those
involved in land administration, as they frequently encounter situations where decisions need
to be reviewed and corrected. This comprehensive discussion aims to explore the intricacies of
the law relating to appeals under the Land Revenue Act, 1967, providing detailed insights into
the procedural steps, grounds for appeal, the hierarchy of appellate bodies, and practical
examples from Pakistan.

LAW RELATING TO APPEALS UNDER THE LAND REVENUE ACT,

1967
Right to Appeal

The Land Revenue Act, 1967, grants individuals the right to appeal against orders passed by
revenue officers. This right is fundamental to ensuring that justice is served and that individuals
have a recourse to challenge decisions that adversely affect their rights and interests. According
to the Act, any person aggrieved by an order of a revenue officer has the right to appeal to a
higher authority as prescribed within the Act.

Hierarchy of Appellate Authorities

The Act outlines a structured hierarchy of appellate authorities to ensure that appeals are
reviewed by officers of appropriate rank and expertise. This hierarchy includes:

1. Collector:

The first level of appeal generally lies with the Collector. If an individual is dissatisfied
with an order passed by a lower revenue officer, such as a Tehsildar or Naib Tehsildar,
they can file an appeal with the Collector. The Collector has the authority to review the
decision, consider the evidence and arguments presented, and pass a new order.

2. Commissioner:

If the aggrieved party is not satisfied with the decision of the Collector, they can further
appeal to the Commissioner. The Commissioner serves as an intermediate appellate
authority, ensuring that the decisions of the Collector are reviewed thoroughly.

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3. Board of Revenue:

The highest appellate authority under the Act is the Board of Revenue. Appeals against
the decisions of the Commissioner can be taken to the Board of Revenue, which has the
final authority to adjudicate on the matter. The Board of Revenue ensures that all
decisions comply with the law and that justice is upheld.

This multi-tiered appellate structure provides several layers of scrutiny, reducing the chances
of errors and ensuring that justice is delivered through a meticulous review process.

PROCEDURE FOR FILING APPEALS

The Land Revenue Act, 1967, prescribes a detailed procedure for filing appeals to ensure
consistency and clarity. Key procedural aspects include:

1. Time Limit:

Appeals must be filed within a specific time frame from the date of the order being
appealed against. Typically, the Act allows for a period of 30 days for filing an appeal.
However, this period may vary depending on the circumstances and specific provisions
of the Act.

2. Form and Content:

The appeal must be filed in a prescribed format, which includes details such as the
grounds of appeal, the facts of the case, and the relief sought. It must be accompanied
by a copy of the order being appealed against and any other relevant documents that
support the appellant's case.

3. Submission:

The appeal must be submitted to the appropriate appellate authority within the
stipulated time frame. Proper documentation and adherence to procedural requirements
are essential for the appeal to be considered valid.

4. Hearing:

Once an appeal is filed, the appellate authority will schedule a hearing. During the
hearing, both the appellant and the respondent are given an opportunity to present their
arguments and evidence. The appellate authority may also call for additional records,
conduct further inquiries, or seek expert opinions if necessary to reach a fair and just
decision.

5. Decision:

After considering all the arguments and evidence presented, the appellate authority will
pass an order either confirming, modifying, or reversing the original order. The decision
must be documented, clearly stating the reasons for the conclusion reached. This
ensures transparency and accountability in the decision-making process.

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GROUNDS FOR APPEALS

Appeals under the Land Revenue Act, 1967, can be made on various grounds, including:

1. Errors of Law:

If the original decision is based on an incorrect interpretation or application of the law,

an appeal can be made. This ensures that legal principles are correctly applied and
upheld.

2. Procedural Irregularities:

Significant procedural errors or violations of due process can be grounds for an appeal.
This includes situations where the principles of natural justice, such as the right to a fair
hearing, were not followed.

3. Incorrect Findings of Fact:

If the original decision is based on incorrect or misinterpreted facts, this can be

challenged through an appeal. The appellate authority can review the evidence and
make a correct determination of the facts.

4. Unreasonable or Unjust Decisions:

Decisions that are perceived as unreasonable, unjust, or not supported by evidence can
be appealed. This ensures that decisions are fair and based on a proper assessment of
the evidence.

Examples from Pakistan

1. Disputed Land Assessment:

In a notable case, a landowner was dissatisfied with the land revenue assessment made
by the Tehsildar. The landowner argued that the assessment was based on incorrect land
measurements and valuation, leading to an excessive tax burden. An appeal was filed
with the Collector, who reviewed the case, conducted a fresh survey, and found
discrepancies in the original assessment. The Collector modified the assessment,
providing relief to the landowner and ensuring a fair evaluation of the land.

2. Unlawful Eviction Order:

In another instance, a tenant who was ordered to vacate agricultural land by the Naib
Tehsildar appealed to the Collector. The tenant claimed that the eviction order was
issued without proper notice and a fair hearing. Upon review, the Collector found that
due process was indeed violated. The eviction order was set aside, and the tenant's rights
were reinstated, highlighting the importance of following procedural rules and ensuring
fairness in decision-making.

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3. Incorrect Land Mutation:

In a case involving land mutation, an individual challenged the order of a Tehsildar that
incorrectly mutated a piece of land in favor of another party. The appellant provided
evidence showing the rightful ownership and the procedural errors in the mutation
process. The Collector, upon reviewing the evidence and procedural lapses, reversed
the Tehsildar's order and corrected the land records.

Conclusion

The appeal mechanism under the Land Revenue Act, 1967, is a vital component of the legal
framework governing land revenue in Pakistan. It ensures that individuals have a structured
and fair process to challenge decisions affecting their rights and interests. The hierarchy of
appellate authorities and the well-defined procedural safeguards provide multiple layers of
scrutiny, thereby enhancing transparency, accountability, and justice in the revenue
administration process. Understanding these provisions is crucial for law students,
practitioners, and land administration professionals, as they navigate the complexities of land
revenue disputes and ensure that justice is served. Through practical examples from Pakistan,
the significance of a robust appeal system is evident, underscoring its role in maintaining
fairness and upholding the rule of law in revenue matters.



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Special and Local Laws

Q. Define and distinguish between record-of-rights and periodical record-of-rights.

Discuss the documents included in periodical record-of-rights. (V.V.Important)

Q. Define and distinguish between the Record-of-Rights and Periodical Record-of-Rights.

Also, discuss the documents included in Record-of-Rights.

Q. Explain various documents included in 'record-of-rights'

Ans:

Introduction

In the realm of land administration and management in Pakistan, the concepts of "record-of-
rights" and "periodical record-of-rights" are pivotal. These records are fundamental under the
framework of the Land Revenue Act, 1967, ensuring that land ownership, usage, and associated
rights are accurately documented and updated. Understanding these records is crucial for law
students, particularly those focusing on special and local laws, as they provide the legal
foundation for land-related transactions and dispute resolution.

The record-of-rights is a comprehensive, permanent register documenting various interests and

rights in land. This official reference is vital for maintaining legal clarity over land titles and
associated rights. In contrast, the periodical record-of-rights is an updated version of the record-
of-rights, reflecting ongoing changes and modifications. This dynamic record is essential for
keeping information current, accommodating the continuous evolution of land transactions and
ownership patterns.

This detailed exploration will define both types of records, distinguish their roles and
characteristics, and discuss the documents included in the periodical record-of-rights. Practical
examples from Pakistan will be provided to illustrate these concepts.

Definition and Distinction

Record-of-Rights

The record-of-rights, as established under the Land Revenue Act, 1967, is a fundamental
document in land administration. It serves as the principal register of all rights, interests, and
liabilities concerning land within a specified area. Maintained by land revenue authorities, it
includes comprehensive details such as:

 Ownership: Names and details of landowners.

 Tenancy: Information about tenants and their rights.
 Revenue: Details of land revenue payable to the government.
 Mortgages: Records of any mortgages or charges on the land.
 Easements: Rights of way and other easements affecting the land.

Example: Consider a village in Punjab where the record-of-rights lists all landowners and their
respective plots. If Mr. A owns 10 acres and Mr. B owns 5 acres, this information is
permanently recorded here. Additionally, any tenancy agreements or revenue liabilities
associated with these lands are documented.

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The record-of-rights is generally a static document, updated through formal procedures such
as settlement operations or special revisions mandated by the government. It acts as a legal
reference for determining ownership and resolving disputes, providing a historical snapshot of
land rights.

Periodical Record-of-Rights

The periodical record-of-rights, on the other hand, is an updated version of the record-of-rights.
It reflects changes that occur due to various transactions and events, such as sales, inheritance,
leasing, and modifications in land rights and ownership. This record is revised periodically to
ensure that it accurately represents the current status of land holdings.

Key characteristics include:

 Regular Updates: It is updated at regular intervals to incorporate changes.

 Current Status: Provides the latest information on land rights and ownership.
 Dynamic Nature: Adaptable to new entries and changes, unlike the static record-of-
rights.

Example: If Mr. A sells 2 acres of his land to Mr. C, the periodical record-of-rights will be
updated to reflect this change. This ensures that Mr. C’s new ownership is legally recognized
and recorded.

The periodical record-of-rights is essential for maintaining the accuracy and relevance of land
records, ensuring that any changes in land ownership or usage are promptly recorded and
reflected.

Documents Included in Periodical Record-of-Rights

The periodical record-of-rights includes several critical documents detailing various aspects of
land ownership and transactions. These documents ensure comprehensive and up-to-date
records. Key documents include:

1. Mutation Register (Register Haqdaran-e-Zameen):

o Function: Records changes in ownership or rights due to transactions such as
sales, inheritance, gift deeds, etc.
o Example: If Mr. A passes away and his land is inherited by his son, this change
is recorded in the mutation register.
2. Khasra Girdawari:
o Function: A detailed field book recording the cultivation and crop details for
each plot of land.
o Example: For Mr. A’s 10 acres, this book will list the types of crops grown, the
extent of cultivation, and the names of cultivators.
3. Jamabandi:
o Function: A register of land revenue records, showing details of landowners,
cultivators, and the amount of revenue payable.
o Example: It will show Mr. A as the landowner and detail the revenue he owes
to the government.

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4. Roznamcha Waqiati:
o Function: A diary or log maintained by the Patwari (village accountant) to
record daily events and transactions affecting land.
o Example: If there is a sale, purchase, or dispute involving Mr. A’s land, it is
noted in this log.

These documents collectively ensure that the periodical record-of-rights is accurate and reflects
the latest information on land ownership and usage.

Conclusion

Understanding the distinctions between the record-of-rights and periodical record-of-rights is

crucial for legal practitioners and students focusing on land laws in Pakistan. The record-of-
rights serves as a foundational document detailing ownership and associated rights, while the
periodical record-of-rights provides a dynamic and updated account of changes over time.
Documents such as the mutation register, Khasra Girdawari, Jamabandi, and Roznamcha
Waqiati are integral to maintaining an accurate and current periodical record-of-rights. These
records ensure transparency, legal certainty, and efficient land administration, reflecting the
evolving nature of land transactions and ownership. Through these meticulous records, the land
revenue system in Pakistan is able to function effectively, supporting legal and administrative
processes related to land.


Q. Discuss the procedure of making sale of the immovable property of the defaulter for
the recovery of arrears of the Land Revenue. (V. Important)
Q. Explain the procedure to be observed for the sale of immovable property of the defaulter
for the recovery of arrears of land revenue.

Ans:

Introduction

In Pakistan, the Land Revenue Act, 1967 provides the legal framework for the assessment and
collection of land revenue. When a landowner, referred to as a defaulter, fails to pay the
required land revenue, the authorities are empowered to recover the arrears through various
means. One such method is the sale of the defaulter's immovable property. This process is
essential for ensuring that the government collects necessary funds to support its operations
and development initiatives. The procedure for selling immovable property to recover arrears
is detailed, ensuring the rights of the defaulter are protected while facilitating efficient revenue
collection.

This detailed discussion outlines the steps involved in the procedure for the sale of immovable
property, including legal requirements, the process of public auction, and the rights and
remedies available to the defaulter. Practical examples from Pakistan are provided to illustrate
these procedures.

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Procedure for Sale of Immovable Property

The sale of immovable property for the recovery of land revenue arrears involves several steps,
each designed to ensure a fair and transparent process. The key steps are the issuance of a
demand notice, attachment of property, public auction, confirmation of sale, and execution of
the sale deed.

1. Issuance of Demand Notice

The recovery process begins with the issuance of a demand notice to the defaulter. This notice
serves as a formal reminder of the arrears and provides the defaulter an opportunity to settle
the outstanding amount before further action is taken.

 Content: The notice details the amount of arrears, the deadline for payment, and the
consequences of non-payment.
 Delivery: The notice is typically delivered in person, sent by registered mail, or posted
on the defaulter's property.

Example: If Mr. A owes Rs. 50,000 in land revenue, the revenue officer will issue a demand
notice specifying this amount and a 30-day period for Mr. A to pay the arrears.

2. Attachment of Property

If the defaulter fails to pay the arrears within the specified period, the authorities may proceed
to attach the immovable property. Attachment is a legal process that restricts the defaulter from
selling or transferring the property until the arrears are recovered.

 Notice of Attachment: A notice of attachment is issued and publicly announced,

typically by posting it at a conspicuous place on the property and in the village where
the property is located.
 Entry in Revenue Records: The attachment is recorded in the relevant revenue records
to ensure legal recognition and to inform potential buyers or interested parties of the
encumbrance on the property.

Example: If Mr. A does not pay the arrears, his land may be attached, and a notice is posted
on his property, indicating that it cannot be sold or transferred until the arrears are cleared.

3. Public Auction

If the arrears remain unpaid, the attached property is put up for public auction. The auction
process ensures that the property is sold in a transparent manner to recover the outstanding
revenue.

 Advertisement: The sale is advertised in local newspapers and other public forums to
attract potential buyers. The advertisement includes details such as the location of the
property, the date and time of the auction, and the terms and conditions of the sale.
 Auction Date: A date is fixed for the auction, and interested parties are invited to bid
on the property.
 Bidding Process: On the auction day, the property is sold to the highest bidder,
provided the bid meets or exceeds the reserve price set by the authorities.
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Example: Mr. A’s land is advertised for auction in a local newspaper, and the auction is held
at the district revenue office. Bidders compete, and the highest bidder, who offers Rs. 60,000,
secures the property.

4. Confirmation of Sale

After the auction, the highest bid is submitted for confirmation by the revenue officer. The
defaulter has the right to object to the sale if there are valid grounds, such as procedural
irregularities or an inadequate price.

 Objections: The defaulter can file objections within a specified period, typically 30
days, raising concerns about the auction process or the bid amount.
 Hearing: The revenue officer conducts a hearing to consider the objections. Both the
defaulter and the highest bidder may present their cases.
 Order of Confirmation: If the objections are overruled, the revenue officer issues an
order confirming the sale. If the objections are upheld, the auction may be annulled,
and a new auction might be ordered.

Example: If Mr. A believes the auction was not conducted fairly or the bid amount is too low,
he can file an objection. If the revenue officer finds no merit in the objection, the sale is
confirmed.

5. Execution of Sale Deed

Once the sale is confirmed, a sale deed is executed in favour of the purchaser. This legal
document transfers ownership of the property from the defaulter to the buyer.

 Registration: The sale deed is registered with the local sub-registrar to formalize the
transfer of ownership.
 Possession: The purchaser is given possession of the property, completing the process
of sale.

Example: The highest bidder in Mr. A’s auction completes the payment, and a sale deed is
registered, transferring ownership to the new buyer, who then takes possession of the land.

Rights and Remedies of the Defaulter

The defaulter has several rights and remedies available throughout the process to ensure fair
treatment and due process:

1. Right to Pay Arrears: The defaulter can settle the arrears at any stage before the
confirmation of sale to halt the proceedings. This right allows the defaulter to retain
ownership of the property by paying the outstanding amount.
2. Right to Object: The defaulter can file objections against the auction or sale if there
are valid grounds such as procedural irregularities or an unfair price.
3. Right to Appeal: The defaulter has the right to appeal to higher revenue authorities or
the courts if they believe the process was unfair or illegal. This right ensures that the
defaulter has access to justice and due process.

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Example: If Mr. A pays the arrears before the auction is confirmed, the proceedings are halted,
and his property is not sold. Additionally, if Mr. A believes that the auction process was flawed,
he can file an objection and appeal the decision if necessary.

Conclusion

The procedure for selling immovable property to recover arrears of land revenue under the
Land Revenue Act, 1967, is designed to balance the need for efficient revenue collection with
the protection of the defaulter's rights. This structured process involves issuing a demand
notice, attaching the property, conducting a public auction, confirming the sale, and executing
a sale deed. Throughout this procedure, the defaulter has multiple opportunities to pay the
arrears, file objections, and appeal decisions, ensuring fairness and due process. Understanding
this procedure is crucial for legal practitioners and students specializing in land laws in
Pakistan, as it provides a comprehensive framework for the recovery of land revenue while
safeguarding the interests of landowners.



Q. Describe various processes for the recovery of arrears of land revenue. Explain arrest
and detention of the defaulter as a process for the recovery of such arrears.

Ans:
Introduction

The recovery of arrears of land revenue is a crucial aspect of land administration in Pakistan,
governed primarily by the Land Revenue Act, 1967. Efficient and effective recovery processes
ensure that the government can collect necessary funds to support public services and
infrastructure. When landowners (defaulters) fail to pay their land revenue dues, several legal
processes can be employed to recover these arrears. Among these processes, the arrest and
detention of defaulters serve as significant measures to enforce payment, although they are
often used as a last resort. This discussion will outline the various processes for the recovery
of arrears of land revenue, with a detailed explanation of arrest and detention as a recovery
method.

Various Processes for Recovery of Arrears of Land Revenue

The Land Revenue Act, 1967 provides several mechanisms to recover arrears of land revenue,
including:

1. Demand Notice
2. Attachment of Property
3. Sale of Movable Property
4. Sale of Immovable Property
5. Arrest and Detention of the Defaulter
6. Appointment of a Receiver

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1. Demand Notice

The initial step in the recovery process is issuing a demand notice to the defaulter. This notice
serves as an official reminder of the outstanding arrears and requests immediate payment.

 Content: The notice specifies the amount due, the deadline for payment, and the
consequences of non-payment.
 Delivery: It is delivered to the defaulter by registered mail or posted on the property.

Example: If Mr. A owes Rs. 50,000 in land revenue, a demand notice will be sent to him
specifying the amount due and giving him 30 days to pay.

2. Attachment of Property

If the defaulter does not respond to the demand notice, the authorities may attach the property.
This legal action prevents the defaulter from selling or transferring the property until the arrears
are paid.

 Notice of Attachment: The attachment notice is posted on the property and recorded
in revenue records.
 Scope: Both movable and immovable property can be attached.

Example: Mr. A’s agricultural land is attached, and a notice is posted on the property,
preventing any transactions until the arrears are cleared.

3. Sale of Movable Property

Movable property of the defaulter can be sold to recover the arrears. This includes items such
as agricultural produce, livestock, and personal belongings.

 Seizure: The authorities seize the movable property.

 Auction: The seized items are auctioned to the public.

Example: Mr. A’s harvested crops are seized and sold at auction to recover part of the Rs.
50,000 arrears.

4. Sale of Immovable Property

If the arrears remain unpaid, the defaulter’s immovable property, such as land or buildings,
may be sold through a public auction.

 Advertisement: The sale is advertised to attract potential buyers.

 Auction: The property is sold to the highest bidder.

Example: Mr. A’s land is auctioned, and the proceeds are used to pay off the arrears.

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5. Arrest and Detention of the Defaulter

As a last resort, the defaulter may be arrested and detained to enforce payment. This process is
governed by strict legal procedures to ensure fairness and due process.

 Issuance of Warrant: A warrant for the defaulter’s arrest is issued.

 Detention: The defaulter is detained until the arrears are paid or a settlement is
reached.

6. Appointment of a Receiver

A receiver can be appointed to manage the defaulter’s property and collect revenue or rent on
behalf of the authorities until the arrears are recovered.

 Management: The receiver manages the property and collects income.

 Recovery: The income is used to pay off the arrears.

Example: A receiver is appointed to manage Mr. A’s rental properties, and the collected rent
is used to pay the arrears.

Arrest and Detention of the Defaulter

The arrest and detention of a defaulter are considered extreme measures and are employed only
when other recovery methods have failed. This process is intended to compel the defaulter to
pay the outstanding arrears by depriving them of their liberty.

Legal Framework

The arrest and detention of defaulters are governed by specific provisions under the Land
Revenue Act, 1967. These provisions ensure that the process is conducted legally and fairly.

Steps Involved in Arrest and Detention

1. Issuance of Warrant
o Authority: A revenue officer or other authorized official issues a warrant for
the defaulter’s arrest.
o Reason: The warrant is issued when the defaulter fails to pay the arrears
despite previous notices and actions.

Example: After multiple failed attempts to recover Rs. 50,000 from Mr. A, a
warrant for his arrest is issued by the revenue officer.

2. Arrest
o Execution: The warrant is executed by law enforcement officers who arrest
the defaulter.
o Notification: The defaulter is informed of the reasons for the arrest and the
amount of arrears due.

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Example: Mr. A is arrested by the police and informed that he is being detained
for failing to pay his land revenue arrears.

3. Detention
o Place of Detention: The defaulter is detained in a designated facility, such as
a local jail.
o Conditions: The detention conditions must comply with legal standards,
ensuring the defaulter’s rights are respected.

Example: Mr. A is detained in the local jail until he can arrange to pay the Rs.
50,000 arrears.

4. Release
o Payment: The defaulter is released upon full payment of the arrears or if an
acceptable settlement is reached.
o Legal Recourse: The defaulter can seek legal recourse if the detention is
deemed unlawful or if there are grounds for appeal.

Example: Mr. A arranges for his family to pay the arrears, and he is
subsequently released from detention.

Rights and Remedies

The defaulter has several rights and remedies during the arrest and detention process to ensure
fairness and legal compliance:

 Right to be Informed: The defaulter must be informed of the reasons for the arrest and
the amount of arrears due.
 Right to Legal Representation: The defaulter has the right to legal representation to
challenge the arrest or detention.
 Right to Appeal: The defaulter can appeal the arrest or detention to higher revenue
authorities or the courts.

Example: If Mr. A believes his detention is unlawful, he can seek the assistance of a lawyer to
file an appeal.

Conclusion

The Land Revenue Act, 1967, provides various processes for the recovery of arrears of land
revenue, ensuring that the government can collect necessary funds efficiently while protecting
the rights of defaulters. These processes include issuing demand notices, attaching property,
selling movable and immovable property, arresting and detaining defaulters, and appointing
receivers. Among these, the arrest and detention of defaulters are used as a last resort, governed
by strict legal procedures to ensure fairness. Understanding these processes is crucial for legal
practitioners and students specializing in land laws in Pakistan, as they provide a
comprehensive framework for balancing efficient revenue recovery with the protection of
individual rights.



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PART-II
PUNJAB TENANCY ACT (XVI), 1887
Q. Discuss in detail' Respective Rights of land and tenant with respect to produce of
the tenancy.

Ans:

Introduction

In the agrarian society of Punjab, the relationship between landowners (landlords) and tenants
has historically been crucial. The Punjab Tenancy Act (XVI), 1887, provides a detailed legal
framework governing this relationship, specifically addressing their respective rights and
obligations concerning the produce of the tenancy. This legislation was enacted to ensure fair
treatment of tenants, who often lacked the power and resources to negotiate equitable terms
with landowners. Understanding these rights is essential for both parties to maintain a
harmonious and productive agricultural environment. This discussion explores the respective
rights of the landowner and tenant regarding the produce of the tenancy, including the division
of produce, rights to access, and obligations for storage and sale.

Rights of Landowners

The landowners hold specific rights concerning the produce of the tenancy, ensuring they
receive a fair share of the agricultural output generated on their land. These rights are enshrined
in the Punjab Tenancy Act, 1887, and are designed to protect the interests of landowners while
also considering the welfare of tenants.

1. Share of Produce

Landowners are entitled to a specified share of the produce from the tenancy. This share is
usually predetermined by custom, agreement, or statutory provision.

 Customary Share:

In many cases, the share is determined by local customs and practices. Typically, the
share is divided equally, but it can vary depending on the region and the nature of the
crops grown.

 Agreements:

Landowners and tenants may enter into agreements that specify the exact share of the
produce each party will receive. These agreements must comply with the provisions
of the Punjab Tenancy Act.

 Statutory Provisions:

The Act provides guidelines on how the produce should be shared in the absence of a
specific agreement or established custom.

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Example: In some regions of Punjab, the customary share might be 50% for the landowner
and 50% for the tenant, while in others, it could be different based on the local practices and
agreements.

2. Inspection and Supervision

Landowners have the right to inspect and supervise the tenancy operations to ensure that the
agricultural practices are being conducted properly and that their share of the produce is
secured.

 Inspection Visits:

Landowners or their representatives can visit the land to inspect the crops, check for
compliance with agreed-upon practices, and assess the expected yield.

 Supervision:

This includes overseeing the harvesting process to ensure that the produce is accurately
measured and divided.

Example: A landowner might visit the fields during the harvesting season to ensure that the
produce is being properly collected and that their share is correctly calculated and separated.

3. Right to Collect Produce

Landowners have the right to collect their share of the produce directly from the land. This
right ensures that landowners can take possession of their share without unnecessary delays or
disputes.

 Collection Process:

The landowner can collect the produce at the time of harvest or at an agreed-upon time
shortly thereafter.

 Storage:

Landowners may have designated storage facilities where their share of the produce
can be kept until it is transported to the market or used for other purposes.

Example: After the wheat harvest, the landowner might arrange for the immediate collection
of their share and store it in a separate granary for future use or sale.

Rights of Tenants

Tenants, who work the land and produce the crops, also have specific rights to protect their
interests and ensure fair treatment under the Punjab Tenancy Act, 1887. These rights include
their share of the produce, rights to cultivate, and rights to fair treatment and due process.

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1. Share of Produce

Tenants are entitled to a specified share of the produce, as determined by custom, agreement,
or statutory provisions. This share represents their compensation for the labor and investment
they have put into cultivating the land.

 Customary Share:

Like landowners, tenants' share is often determined by local customs and practices.

 Agreements:

Tenants may enter into agreements with landowners that specify their share of the
produce. These agreements should be fair and in line with legal provisions.

 Statutory Provisions:

In the absence of a specific agreement or established custom, the Act provides

guidelines to ensure tenants receive a fair share of the produce.

Example: If a tenant is entitled to 50% of the wheat harvested, this share is provided as
compensation for their labor and other contributions to the agricultural process.

2. Right to Cultivate

Tenants have the right to cultivate the land using their own methods and practices, provided
these do not harm the land or violate any agreements with the landowner.

 Autonomy in Farming:

Tenants can choose the crops they wish to grow and use their preferred farming
techniques.

 Obligations:

While tenants have the right to cultivate, they must also adhere to any specific
requirements or practices agreed upon with the landowner.

Example: A tenant may decide to plant rice instead of wheat, provided this choice is in line
with any agreements made with the landowner and does not damage the land.

3. Fair Treatment and Due Process

Tenants are entitled to fair treatment and due process in all dealings with the landowner,
particularly regarding the division of produce.

 Accurate Measurement:

The produce must be accurately measured to ensure the tenant receives their rightful
share.
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 Dispute Resolution:

The Act provides mechanisms for resolving disputes between tenants and landowners,
ensuring that tenants can seek redress if they believe their rights have been violated.

Example: If a tenant believes that the produce has not been accurately measured and they have
received less than their fair share, they can seek resolution through legal or customary dispute
resolution mechanisms.

Conclusion

The Punjab Tenancy Act, 1887, outlines the respective rights of landowners and tenants
concerning the produce of the tenancy, aiming to create a balanced and fair relationship.
Landowners have rights to a specified share of the produce, inspection, and collection, ensuring
their investment in the land is protected. Tenants, on the other hand, are entitled to a fair share
of the produce, autonomy in cultivation, and protection against unfair treatment. By
understanding these rights, both parties can engage in productive and harmonious agricultural
practices, contributing to the overall prosperity of the agrarian economy in Punjab. Ensuring
these rights are respected is crucial for maintaining a fair and equitable agricultural system that
benefits both landowners and tenants.


Q. Explain the procedure to be adopted in case of dispute between the landlord and tenant
regarding the division of produce of the tenancy.
Ans:
Introduction

Disputes between landlords and tenants regarding the division of produce of the tenancy are
not uncommon, particularly in agricultural settings where the stakes are high. Such disputes
can arise due to disagreements over the share of the produce, quality of the produce, or the
method of division. The Punjab Tenancy Act (XVI), 1887, provides a legal framework for
resolving such disputes, ensuring that both parties receive a fair and equitable resolution.
Understanding the procedure to be adopted in these cases is essential for both landlords and
tenants to navigate conflicts effectively and to uphold their rights. This discussion outlines the
procedural steps involved in resolving disputes over the division of produce between landlords
and tenants.

Procedure to Resolve Disputes Over the Division of Produce

The procedure for resolving disputes between landlords and tenants regarding the division of
produce involves several stages, including preliminary attempts at resolution, formal
complaints, and adjudication. These steps are designed to ensure that disputes are addressed
fairly and in accordance with legal provisions.

1. Preliminary Negotiations

Before formal proceedings are initiated, both parties are encouraged to resolve the dispute
amicably through direct negotiations.

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 Direct Discussion:

Landlords and tenants should first attempt to discuss the issue and reach a mutual
agreement. This could involve renegotiating the terms of the division or clarifying
misunderstandings.

 Mediation:

Sometimes, a neutral third party, such as a village elder or local community leader, may
mediate the discussion to help both parties reach a settlement.

Example: If there is a disagreement about the percentage of wheat that should go to the tenant
versus the landlord, both parties might negotiate a revised agreement or use mediation to settle
the issue.

2. Filing a Formal Complaint

If direct negotiations fail, either party can file a formal complaint with the revenue authorities
or a designated officer.

 Complaint Submission:

The aggrieved party must submit a written complaint detailing the nature of the dispute,
including the facts of the case and the relief sought.

 Supporting Documents:

The complaint should be accompanied by any relevant documents, such as agreements,

records of produce, or correspondence between the parties.

Example: A tenant who believes that the landlord has unfairly taken a larger share of the
harvest can file a complaint with the local revenue office, providing evidence of the agreed-
upon terms and the actual division.

3. Investigation and Report

Upon receiving the complaint, the relevant authority will conduct an investigation to assess the
validity of the claims and determine the appropriate course of action.

 Field Inspection:

The authority may visit the site to inspect the produce, review records, and gather
evidence from both parties.

 Report Preparation:

Based on the investigation, a detailed report is prepared outlining the findings and
recommendations for resolving the dispute.

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Example: The revenue officer might visit the farm to examine the harvested produce and
review records to determine if the division was conducted according to the agreement or
customary practices.

4. Resolution and Order

Based on the findings of the investigation, the authority will issue a resolution or order to
resolve the dispute.

 Settlement:

The authority may issue an order specifying the correct division of the produce or
instructing one party to compensate the other.

 Enforcement:

The order is enforced by the revenue authorities, who ensure compliance by both
parties.

Example: If the investigation reveals that the landlord took more than their fair share, the
authority might order a re-distribution of the produce or require the landlord to compensate the
tenant for the discrepancy.

5. Appeal and Review

If either party is dissatisfied with the resolution, they have the right to appeal the decision to
higher authorities or seek a review of the order.

 Appeal Process:

An appeal can be filed with a higher revenue authority or an appellate tribunal. The
appeal should be based on specific grounds, such as procedural errors or new evidence.

 Review:

A review process may be initiated to reassess the decision based on additional

information or clarification of legal points.

Example: If the landlord believes that the resolution was unfair, they may appeal to a higher
revenue officer or tribunal for a re-evaluation of the decision.

6. Legal Action

In cases where the dispute cannot be resolved through administrative means, either party may
seek legal action in the appropriate court.

 Filing a Suit:

A suit can be filed in a civil court if the dispute involves significant legal questions or
if the administrative resolution is deemed unsatisfactory.
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 Judicial Review:

The court will review the case based on legal arguments and evidence presented by
both parties, and issue a binding judgment.

Example: If the tenant or landlord is dissatisfied with the resolution provided by the revenue
authorities, they may file a suit in a civil court to seek a judicial review of the matter.

Conclusion

The procedure for resolving disputes between landlords and tenants regarding the division of
produce under the Punjab Tenancy Act, 1887, involves a series of steps designed to ensure
fairness and equity. Starting with preliminary negotiations, the process moves through formal
complaints, investigations, resolutions, and, if necessary, appeals or legal action. By following
these procedures, both landlords and tenants can address and resolve their disputes in a
structured and legal manner, thereby maintaining harmony and upholding their respective
rights. Understanding and adhering to these procedures is crucial for both parties to ensure a
fair and just resolution to their disputes over the division of produce.


Q. Analyse various legal provisions relating to the ejectment of occupancy tenant, tenant
for fixed term and tenant from year to year. Also discuss the restrictions, if any, on such
ejectment. (V. Important)
Q. Discuss the grounds prescribed for the ejectment of occupancy tenant, tenant for fixed
term and the tenant from year to year. Also throw light on the restrictions, if any, on
such ejectment

Ans:

Introduction

In the realm of tenancy law under the Punjab Tenancy Act (XVI), 1887, the process of ejecting
tenants—whether occupancy tenants, tenants for a fixed term, or tenants from year to year—is
governed by specific legal provisions and procedures. These provisions aim to ensure that the
rights of both landlords and tenants are balanced and that any actions taken are fair and just.
The Act not only outlines the grounds and procedures for ejectment but also sets forth various
restrictions to prevent arbitrary or unjust actions. Understanding these provisions and
restrictions is crucial for both landlords and tenants to navigate disputes and maintain lawful
practices. This detailed analysis covers the legal framework for ejecting each type of tenant
and discusses the associated restrictions.

Ejectment of Occupancy Tenants

Occupancy Tenants are those who hold land under conditions that grant them long-term
security of tenure, often due to continuous occupation and customary rights.

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Legal Provisions

1. Grounds for Ejectment

o Non-payment of Rent: If an occupancy tenant fails to pay rent within the
stipulated period, the landlord has the right to seek ejectment. This failure must
be significant and not merely a delay in payment.
o Breach of Terms: Violations of the tenancy agreement or conditions, such as
unauthorized subletting, misuse of the land, or failing to maintain the property,
can serve as grounds for ejectment.
o Abandonment: If the tenant abandons the land, leaving it unoccupied and
unused, the landlord can initiate proceedings for ejectment.
2. Procedure for Ejectment
o Issuance of Notice: The landlord must provide a written notice to the tenant,
specifying the grounds for ejectment and granting a reasonable period to remedy
the breach or vacate the premises. This notice should be clear and precise,
outlining the nature of the default and the required corrective actions.
o Filing a Suit: If the tenant fails to comply with the notice, the landlord can file
a suit in the appropriate revenue or civil court. The suit must be accompanied
by evidence supporting the grounds for ejectment.
o Court Proceedings: The court will examine the evidence, including the
tenancy agreement, payment records, and other relevant documents. If the court
finds merit in the landlord’s claim, it will issue an order for ejectment.
3. Restrictions on Ejectment
o Customary Rights: In certain areas, occupancy tenants may have customary
rights that offer protection against arbitrary ejectment. These rights may be
rooted in long-standing local practices that grant tenants additional security.
o Improvements Made: If the tenant has made significant improvements to the
property, they may be entitled to compensation or additional notice before
ejectment.

Example: A tenant who has failed to pay rent for several months receives a notice from the
landlord. If the tenant does not respond or remedy the situation, the landlord may proceed with
legal action for ejectment, following the court’s review of the case.

Ejectment of Tenants for Fixed Term

Tenants for Fixed Term are those who lease property for a specified period, with the tenancy
automatically ending when the term expires.

Legal Provisions

1. Grounds for Ejectment

o Expiration of Term: At the end of the fixed term, the landlord is entitled to
eject the tenant without the need for additional grounds. This is a standard
procedure as the tenancy is set to end upon the term's expiration.
o Early Termination: If the lease allows for early termination under specific
conditions—such as a breach of terms by the tenant or mutual agreement—the
landlord can seek ejectment before the end of the term.

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2. Procedure for Ejectment

o Notice of Termination: For early termination, the landlord must issue a notice
as stipulated in the lease agreement or as required by law. This notice should
specify the reason for early termination and the date by which the tenant must
vacate.
o Filing a Suit: If the tenant does not vacate at the end of the term or upon early
termination, the landlord can file a suit for ejectment in the appropriate court.
o Court Proceedings: The court will review the lease terms, notice of
termination, and any other relevant evidence. If the court finds that the
termination was valid, it will issue an order for ejectment.
3. Restrictions on Ejectment
o Lease Terms: The lease agreement may contain specific clauses regarding
termination and ejectment. The landlord must adhere to these terms to ensure
that the ejectment process is lawful.
o Legal Protections: Tenants may have legal recourse if the landlord does not
follow the proper procedures for termination and ejectment, including failure to
provide adequate notice.

Example: A tenant with a three-year lease is required to vacate the property at the end of the
lease term. If the tenant remains on the property after the term has expired, the landlord must
issue a formal notice and potentially file a suit for ejectment.

Ejectment of Tenants from Year to Year

Tenants from Year to Year have an annual lease that renews automatically unless terminated
by either party.

Legal Provisions

1. Grounds for Ejectment

o Non-payment of Rent: Persistent non-payment of rent is a valid ground for
ejectment. The landlord must provide notice of the default and a chance for the
tenant to remedy the situation.
o Breach of Agreement: Violations of the lease terms or conditions can justify
ejectment. This includes misuse of the property, unauthorized alterations, or
subletting.
o Termination Notice: Either party can terminate the tenancy by providing
notice as specified in the tenancy agreement or by law.
2. Procedure for Ejectment
o Issuance of Notice: The landlord must issue a notice of termination before the
end of the rental year, as required by the lease agreement or law. The notice
period must be in accordance with the terms agreed upon or statutory
requirements.
o Filing a Suit: If the tenant does not vacate after receiving the notice, the
landlord can file a suit for ejectment. The suit should be based on the grounds
mentioned in the notice and any relevant documentation.
o Court Proceedings: The court will evaluate the evidence, including the lease
agreement and notice. If the court finds the ejectment justified, it will issue an
order for removal.

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3. Restrictions on Ejectment
o Notice Period: The landlord must comply with the notice period stipulated in
the lease or by law. Failure to provide adequate notice may render the
ejectment unlawful.
o Legal Protections: Tenants may contest the ejectment if it is carried out
arbitrarily or without following legal procedures. They may seek redress
through the courts if the landlord fails to adhere to legal requirements.

Example: A tenant on an annual lease receives a notice of termination due to non-payment of

rent. If the tenant does not vacate by the end of the notice period, the landlord can initiate legal
proceedings for ejectment.

Conclusion

The Punjab Tenancy Act, 1887, provides a comprehensive legal framework for the ejectment
of tenants, addressing various types of tenancies, including occupancy tenants, tenants for fixed
term, and tenants from year to year. Each type of tenancy has specific legal provisions and
procedures for ejectment, ensuring that landlords can enforce their rights while tenants are
afforded protections against arbitrary actions. The Act also imposes restrictions to prevent
unjust practices, requiring adherence to legal procedures and notice requirements.
Understanding these provisions and restrictions is essential for maintaining fair and lawful
tenancy practices, ensuring that disputes are resolved in a manner that respects the rights of
both parties involved.



Q. Define the term improvement with reference to the Punjab Tenancy Act, 1887. Discuss
the circumstance under which a tenant can claim compensation from landlord at the
time of ejectment.

Ans:

Introduction

In the context of the Punjab Tenancy Act (XVI), 1887, the term "improvement" refers to the
various enhancements and developments made by a tenant that add value to the land or
property. These improvements play a crucial role in agricultural productivity and the overall
utility of the property. The Act provides specific guidelines on how tenants can claim
compensation for such improvements, especially in the event of ejectment. This detailed
analysis will define "improvement" with reference to the Act and discuss the circumstances
and procedures under which a tenant can claim compensation from the landlord at the time of
ejectment.

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Definition of Improvement

Under the Punjab Tenancy Act, 1887, "improvement" is defined as any work done or
expenditure incurred by a tenant that enhances the value or utility of the land or property.
Improvements can be categorized into several types:

1. Agricultural Improvements

These are enhancements made to increase the productivity of agricultural land. They include:

 Irrigation Systems:

Installation of wells, tube wells, canals, or other irrigation infrastructure that improves
water supply for crops.

 Soil Enhancement:

Activities such as leveling, ploughing, or fertilizing that improve soil fertility and
productivity.

 Crop Development:

Planting of new crops, orchards, or trees that enhance the land's agricultural yield.

Example: A tenant who builds a new irrigation canal or plants a new orchard is making an
agricultural improvement.

2. Structural Improvements

These involve physical modifications to the property, including:

 Buildings: Construction of structures like houses, barns, sheds, or storage facilities.

 Boundary Walls: Erecting walls or fences to protect the land or delineate property
boundaries.
 Wells and Tanks: Building of wells or water tanks to store and supply water.

Example: A tenant constructing a durable barn or erecting a boundary wall on the property
qualifies as making a structural improvement.

3. Infrastructural Enhancements

Improvements related to enhancing the land's overall utility include:

 Access Roads: Construction of roads or paths that improve access to and from the
property.
 Storage Facilities: Building of silos or warehouses for storing produce or other
materials.

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Example: A tenant who builds a road leading to the property or a silo for grain storage has
made an infrastructural enhancement.

Circumstances for Claiming Compensation

A tenant can claim compensation for improvements under certain conditions, particularly when
facing ejectment. The following circumstances outline when a tenant can rightfully claim
compensation:

1. Nature and Permanence of Improvement

The improvement must be permanent and should have added substantial value to the property.
It must be:

 Permanent: The enhancement should not be easily reversible or temporary. Permanent

improvements typically include structural changes or significant agricultural
enhancements.
 Substantial Value: The improvement must substantially increase the property's value
or utility.

Example: A tenant who installs a deep well or builds a large storage facility can claim
compensation because these improvements are permanent and add significant value to the
property.

2. Consent or Lack of Objection

Improvements made with the landlord’s consent or where the landlord has not objected can be
grounds for claiming compensation. This includes:

 Landlord’s Consent: If the tenant has received explicit approval from the landlord for
the improvement, compensation is more likely to be granted.
 Absence of Objection: If the landlord has not objected to the improvements made, it
is assumed that the landlord has tacitly accepted the value added.

Example: If a tenant builds an irrigation system after discussing it with the landlord and
receiving no objections, they can claim compensation for this improvement.

3. Documentation and Evidence

To claim compensation, the tenant must provide clear documentation and evidence of the
improvements:

 Proof of Improvement: This includes receipts, construction records, and photographs

of the improvements.
 Value Assessment: An assessment of the improvement’s value may be required to
determine fair compensation.

Example: A tenant who constructed a new irrigation system should provide invoices for
materials and labor, along with before-and-after photographs of the land.

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4. Compensation Claim Procedure

 Filing a Claim: The tenant should file a claim with the relevant revenue authority or
court at the time of ejectment or before. The claim must detail the nature of the
improvements, costs incurred, and benefits added to the property.
 Review and Adjudication: The claim will be reviewed by the revenue officer or court,
which will assess the evidence and determine the amount of compensation based on the
value of the improvements.
 Payment: If the claim is upheld, the landlord must pay compensation as determined
by the assessment.

Example: A tenant who has improved land by building a well submits a claim to the local
revenue office, providing evidence of the well’s construction and its impact on the land’s value.
The office reviews the claim and determines the compensation amount.

Restrictions and Considerations

 Expenditure on Improvements: The compensation claim is generally limited to the

actual expenditure incurred for the improvement. Tenants cannot claim more than the
cost of the improvement.
 Legal Disputes: Disputes may arise regarding the value of improvements or the
legitimacy of the claim. In such cases, legal intervention may be required to resolve the
issues.

Example: If a tenant claims high compensation for improvements that are not substantial or
documented, the claim may be contested by the landlord.

Conclusion

Under the Punjab Tenancy Act, 1887, the term "improvement" encompasses various
enhancements made by tenants that increase the land's value or utility. Tenants are entitled to
claim compensation for such improvements, especially in the event of ejectment, provided the
improvements are permanent, made with or without the landlord's consent, and properly
documented. The procedure for claiming compensation involves filing a detailed claim,
providing evidence, and undergoing a value assessment. Understanding these provisions
ensures that tenants are fairly compensated for their contributions to the property while
adhering to legal requirements and protecting the rights of both parties involved.



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Q. Discuss the law relating extinction of occupancy tenancies in Punjab.

Introduction

Occupancy tenancies, under the Punjab Tenancy Act (XVI) of 1887, refer to a class of tenancies
that afford certain rights and protections to tenants, often granting them long-term or permanent
occupation rights. However, there are specific legal provisions under which such tenancies can
be extinguished. The extinction of occupancy tenancies in Punjab involves a series of legal and
procedural steps, governed by statutory rules and judicial precedents. This discussion aims to
provide a comprehensive understanding of the law relating to the extinction of occupancy
tenancies, outlining the grounds, procedures, and implications associated with this process.

Grounds for Extinction of Occupancy Tenancies

Occupancy tenancies can be extinguished under various circumstances, including:

1. Non-Payment of Rent

 Failure to Pay Rent:

One of the primary grounds for the extinction of occupancy tenancies is the tenant's
failure to pay rent. If an occupancy tenant does not pay rent within the prescribed period
and fails to remedy the situation after being notified, the tenancy can be terminated.

 Notice Requirements:

The landlord must issue a legal notice specifying the amount due and providing a
reasonable period for payment before initiating proceedings for the extinction of the
tenancy.

Example: If a tenant fails to pay rent for an extended period, the landlord can issue a notice
demanding payment. If the tenant does not comply, the tenancy may be extinguished following
legal procedures.

2. Violation of Tenancy Terms

 Breach of Agreement:

Occupancy tenancies can be extinguished if the tenant breaches significant terms of the
tenancy agreement. This includes unauthorized subletting, misuse of the property, or
failure to maintain the property as per the agreement.

 Remedial Measures:

The landlord must provide a notice to the tenant detailing the breach and allowing a
period for correction before seeking to extinguish the tenancy.

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Example: If a tenant sublets the property without the landlord's permission, and this breach is
not rectified after notice, the tenancy may be subject to extinction.

3. Abandonment of Property

 Abandonment:

If the tenant abandons the property, leaving it unoccupied for a prolonged period, the
landlord can seek to extinguish the tenancy. Abandonment must be clear and
unequivocal, showing that the tenant has relinquished all rights to the property.

 Evidence of Abandonment:

Evidence such as lack of maintenance, discontinuation of rent payments, and physical

abandonment of the property is required to substantiate claims of abandonment.

Example: A tenant who vacates the property and fails to maintain or use it for an extended
period may have their tenancy extinguished due to abandonment.

4. Forcible Ejection

 Legal Procedures:

Forcible ejection by the landlord without due process or legal justification does not lead
to the extinction of occupancy tenancies. The process must follow legal procedures,
including obtaining court orders for ejectment.

 Legal Recourse:

Tenants subjected to forcible ejection have the right to seek legal recourse and challenge
the validity of such actions in court.

Example: A landlord attempting to evict a tenant without proper legal proceedings cannot
extinguish the tenancy through force.

Procedural Aspects of Extinction

The process of extinguishing an occupancy tenancy involves several procedural steps:

1. Issuance of Notice

 Legal Notice: The landlord must issue a legal notice to the tenant specifying the
grounds for the proposed extinction, such as non-payment of rent or breach of terms.
The notice should also provide a reasonable period for the tenant to remedy the
situation.
 Content of Notice: The notice must detail the nature of the breach, the corrective
actions required, and the consequences of failing to comply.

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Example: A landlord issuing a notice for non-payment of rent should specify the overdue
amount and the deadline for payment.

2. Filing a Suit

 Revenue or Civil Court: If the tenant does not comply with the notice, the landlord
can file a suit in the appropriate revenue or civil court seeking an order for the extinction
of the tenancy.
 Evidence and Documentation: The suit should be supported by evidence of the breach
or non-compliance, including the notice served and any relevant documents.

Example: A landlord files a suit in the revenue court, providing evidence of non-payment of
rent and the notice issued to the tenant.

3. Court Proceedings

 Adjudication: The court will review the evidence presented by the landlord and the
tenant’s response. The court will consider whether the grounds for extinction are valid
and whether proper procedures were followed.
 Order for Extinction: If the court finds the grounds for extinction valid, it will issue
an order terminating the tenancy. The court's order will specify the effective date of the
extinction and any other relevant directives.

Example: A court adjudicates a case of tenancy extinction due to non-payment of rent and
issues an order for termination if the landlord’s claim is substantiated.

4. Execution of Court Order

 Implementation: Following the court's order, the landlord can proceed with the
execution of the tenancy extinction, including taking possession of the property if
necessary.
 Tenant’s Rights: The tenant may seek redress if they believe the court's order was
unjust or if they have valid grounds for contesting the extinction.

Example: After obtaining a court order, a landlord takes possession of the property, following
legal procedures to ensure compliance with the court’s directives.

Restrictions and Considerations

 Customary Rights: Occupancy tenants may have customary rights that offer additional
protection against arbitrary extinction. These rights must be considered, and proper
legal procedures must be followed.
 Legal Protections: Tenants have legal recourse to challenge unjust or unlawful
extinction proceedings. They can appeal to higher courts or seek remedies if their rights
are violated.

Example: A tenant who believes their tenancy was unlawfully extinguished can appeal the
decision to a higher court or seek compensation for any damages suffered.

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Conclusion

The law relating to the extinction of occupancy tenancies under the Punjab Tenancy Act, 1887,
outlines specific grounds and procedures for terminating such tenancies. Grounds for extinction
include non-payment of rent, violation of tenancy terms, abandonment, and forcible ejection.
The process involves issuing a legal notice, filing a suit, court proceedings, and executing the
court’s order. The Act also provides for certain restrictions and protections to ensure that the
process is fair and just. Understanding these legal provisions helps both landlords and tenants
navigate the complexities of tenancy extinguishment while safeguarding their rights and
interests.


Q. Explain fully the law relating to limit of holding for personal cultivation. (Important)

Q. Discuss the law relating to limit of holding for personal cultivation.

Ans:

Introduction

The concept of the limit of holding for personal cultivation is integral to land revenue and
agricultural laws in various jurisdictions, including Punjab. This legal provision seeks to
regulate land holdings to ensure that agricultural land is used efficiently and to promote
equitable distribution of land resources. In Punjab, the limit of holding for personal cultivation
is governed by the Punjab Land Revenue Act, 1967, and various associated rules and
regulations. This discussion will provide a comprehensive overview of the legal framework
relating to the limit of holding for personal cultivation, including its definition, purpose, and
implications.

Definition and Purpose

Definition of Limit of Holding

The "limit of holding" refers to the maximum area of land that an individual can own or hold
for personal cultivation. This limit is established to prevent the concentration of land in the
hands of a few individuals and to ensure that land is distributed fairly among those engaged in
agriculture. It sets a cap on the amount of land that can be cultivated personally by a landowner,
with any surplus land being subject to redistribution or other legal provisions.

Purpose of Limiting Holdings

1. Promote Fair Land Distribution:

By setting limits on the amount of land one can personally cultivate, the law aims to
ensure that land is distributed more equitably among farmers and prevents large
landowners from monopolizing agricultural resources.

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2. Encourage Efficient Use of Land:

Limiting the extent of personal cultivation encourages landowners to use their holdings
more efficiently and to focus on productive farming practices.

3. Facilitate Land Reforms:

The limit of holding is part of broader land reform measures designed to address
historical inequalities in land ownership and promote agricultural productivity.

Legal Framework
Punjab Land Revenue Act, 1967

The Punjab Land Revenue Act, 1967, provides the primary legal framework for land revenue
management and includes provisions related to the limit of holding for personal cultivation.
Key aspects include:

1. Determination of Limits:

The Act specifies the maximum area of land that an individual can hold for personal
cultivation. These limits may vary based on factors such as land classification, type of
soil, and local conditions.

2. Excess Land:

Land in excess of the stipulated limit for personal cultivation is subject to specific
regulations, which may include redistribution, lease to other farmers, or other legal
measures.

3. Implementation and Enforcement:

The Act provides mechanisms for the implementation and enforcement of holding
limits, including penalties for non-compliance and procedures for addressing disputes.

Example: Under the Punjab Land Revenue Act, 1967, if the limit for personal cultivation is
set at 25 acres, a landowner with more than 25 acres would need to comply with regulations
regarding the excess land, such as transferring it to other cultivators or leasing it out.

Rules and Regulations

1. Rules for Calculation:

Specific rules under the Act outline how the limit of holding is calculated, taking into
account factors such as the type of land and its productivity.

2. Local Variations:

The limits may be adjusted based on regional conditions and agricultural practices,
allowing for flexibility in enforcement.

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3. Land Revenue Department:

The local land revenue authorities are responsible for implementing and monitoring
compliance with holding limits.

Example: Different districts in Punjab may have varying limits based on soil fertility and
agricultural practices, and local revenue officials oversee adherence to these limits.

Procedure for Managing Excess Land

When a landowner holds land beyond the prescribed limit for personal cultivation, the
following procedures typically apply:

1. Notification and Compliance

 Notification: The landowner is usually notified by the land revenue authorities about
the excess land and the need to comply with the regulations.
 Compliance Options: The landowner may be required to transfer the excess land to
other cultivators, lease it out, or comply with other regulatory measures.

Example: A landowner with 30 acres when the limit is 25 acres must transfer or lease out the
5 excess acres to comply with legal requirements.

2. Redistribution and Leasing

 Redistribution: The excess land may be redistributed to other farmers or tenants to

promote equitable land distribution and support those in need of agricultural land.
 Leasing: Alternatively, the excess land can be leased to other cultivators under terms
specified by the land revenue authorities.

Example: Excess land may be allocated to small farmers through government schemes or
leased out to local agricultural workers.

3. Penalties and Legal Measures

 Penalties: Non-compliance with the limit of holding regulations may result in

penalties, fines, or legal action against the landowner.
 Legal Measures: In cases of persistent non-compliance, the land revenue authorities
may take legal action to enforce the regulations and ensure proper land distribution.

Example: A landowner who fails to comply with the holding limit may face fines or legal
proceedings to address the excess land issue.

Implications of Limit of Holding

For Landowners

1. Compliance Requirements: Landowners must adhere to the prescribed limits for

personal cultivation and manage their land holdings accordingly.

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2. Financial Impact: The need to transfer or lease out excess land may impact the
landowner’s financial situation, especially if the excess land was previously used for
personal cultivation.

For Agriculture and Society

1. Equitable Distribution: Limiting the extent of personal cultivation helps in achieving

more equitable distribution of land and supports small and marginal farmers.
2. Improved Productivity: Efficient land use and redistribution contribute to increased
agricultural productivity and better utilization of land resources.

Example: By redistributing excess land to small farmers, the overall agricultural productivity
of the region can be enhanced, benefiting the local economy and society.

Conclusion

The law relating to the limit of holding for personal cultivation, as outlined in the Punjab Land
Revenue Act, 1967, plays a crucial role in regulating land ownership and ensuring equitable
land distribution. By setting limits on the area of land that can be held for personal cultivation,
the law aims to prevent land concentration, promote efficient land use, and support broader
land reform objectives. Understanding and complying with these regulations is essential for
landowners, agricultural workers, and policymakers to achieve a balanced and productive
agricultural system.



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PART-III
Pre-Emption Act 1991

Q. Define the term right of pre-emption. Discuss the persons who are entitled to exercise
such right. (V.V. IMPORTANT)
Q. Explain the law relating to the persons who are entitled to exercise the right of pre-
emption.
Q. Explain the persons in whom the right of pre-emption vests under the provision of the
Punjab Pre-emption Act, 1991.
Ans:
Introduction

The right of pre-emption is a legal doctrine that provides certain individuals or groups with a
preferential right to purchase property before it is offered to others. This principle is rooted in
both historical and religious traditions, particularly Islamic law, and has been integrated into
various legal systems to address concerns about property transfers and social relationships. In
Pakistan, this right is regulated by the Pre-Emption Act of 1991, which defines the framework
for how this right can be exercised and under what circumstances. The right of pre-emption is
instrumental in maintaining property within certain circles, such as families or communities,
and preventing the entry of outsiders into these established settings.

The underlying rationale behind the right of pre-emption is to preserve social and familial ties,
and to ensure that property remains within certain bounds, thereby fostering stability and
cohesion within communities. This legal mechanism not only protects the interests of specific
individuals but also maintains the harmony of property relations within a given locality. By
allowing specific parties to exercise their pre-emptive rights, the law ensures that property
transactions do not disrupt existing social and economic relationships. The Pre-Emption Act
1991 provides detailed provisions on who can exercise this right, under what conditions, and
the procedure to follow, thereby offering clarity and structure to this otherwise complex area
of law.

PERSONS ENTITLED TO EXERCISE THE RIGHT OF PRE-EMPTION

Under the Pre-Emption Act 1991, the right of pre-emption is conferred upon three primary
categories of individuals:

1. Shafi-i-Sharik (Co-Sharers):
o Definition: Co-sharers are individuals who jointly own a property with others.
When one of the co-owners decides to sell their share, the remaining co-
sharers have the right of pre-emption.
o Example: Imagine a property owned by two brothers, Ahmed and Bilal, each
owning a 50% share. If Ahmed decides to sell his 50% share to an outsider,
Bilal, as a co-sharer, has the preferential right to purchase Ahmed's share
before it can be sold to the external buyer. This right is critical in preventing
the introduction of unknown or potentially disruptive parties into a property
that is co-owned.
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2. Shafi-i-Karib (Near Relatives):

o Definition: This category includes individuals related to the seller by blood or
marriage. The right of pre-emption is extended to these near relatives to ensure
that property stays within the family.
o Example: Suppose a person, Aisha, wants to sell her ancestral house. Her
cousin, Zain, who is a near relative, has the right to exercise pre-emption. If
Zain wishes to acquire the house, he must be given the opportunity to buy it
before Aisha can sell it to someone outside the family. This provision helps
maintain family heritage and avoids the alienation of familial properties.
3. Shafi-i-Jar (Neighboring Owners):
o Definition: Neighbors who own adjacent or nearby properties are also granted
the right of pre-emption. This right ensures that property sales affecting
neighboring lands are controlled to maintain local harmony and property
values.
o Example: Consider a residential neighborhood where one resident, Faizan,
decides to sell his house. The neighboring property owner, Bilal, has the pre-
emptive right to purchase Faizan's house. This allows Bilal to prevent
potential changes that could affect the neighborhood's character or property
value. For instance, if Faizan’s house is sold to a commercial entity, it could
alter the residential nature of the area, impacting Bilal's property.

Conclusion

The right of pre-emption, as outlined in the Pre-Emption Act 1991, is a significant legal tool
that serves to uphold specific interests in property transactions. By conferring this right upon
co-sharers, near relatives, and neighboring property owners, the law ensures that property sales
are conducted in a manner that respects existing social, familial, and community relationships.
This right allows for the retention of property within familiar or related circles, thereby
preserving harmony and continuity in property ownership. Understanding the detailed
provisions and examples of how the right of pre-emption operates is essential for anyone
involved in property transactions, ensuring that their interests are adequately protected and that
they are aware of the legal mechanisms available to them.


Q. Discuss various aspects of law relating to limitation for filing a suit for pre-emption.
Ans:
Introduction

In the realm of property law, the right of pre-emption allows certain individuals to claim the
right to purchase property before it is sold to someone else. However, this right is subject to
specific time constraints known as limitation periods. These limitation periods define the
timeframe within which a pre-emption suit must be filed. The purpose of such limitations is to
ensure that claims are made promptly and to avoid indefinite disputes over property
transactions. In Pakistan, the Pre-Emption Act of 1991 governs these aspects of limitation,
providing a structured approach to the timing and procedural requirements for exercising the
right of pre-emption. Understanding these limitations is crucial for anyone wishing to enforce
their pre-emptive rights, as missing the deadlines can forfeit the right to claim the property.

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Key Aspects of Limitation for Filing a Suit for Pre-Emption

1. Commencement of Limitation Period:

o Definition: The limitation period for filing a suit for pre-emption starts from
the moment the buyer takes possession of the property or when the sale is
formally concluded, as evidenced by the registration of the sale deed or other
documentation.
o Example: If Ahmed sells his property to an outsider, the limitation period for
Bilal, who wishes to exercise his right of pre-emption, begins when the sale
deed is registered, not when Ahmed and the buyer first agree on the sale. This
ensures that Bilal has a clear understanding of the transaction's formal
completion.
2. Time Frame for Filing a Suit:
o General Limitation Period: According to the Pre-Emption Act 1991, the suit
for pre-emption must be filed within 90 days from the date the pre-emptor
becomes aware of the sale and the buyer's possession of the property. This
period allows the pre-emptor to act within a reasonable timeframe to exercise
their rights.
o Example: If a property was sold on January 1, and Bilal becomes aware of the
sale on January 15, Bilal must file his suit for pre-emption by April 15, provided
that the buyer has taken possession by then. This strict deadline ensures that
disputes are resolved quickly and efficiently.
3. Effect of Delay in Filing:
o Consequences: If the pre-emptor fails to file the suit within the stipulated
period, they lose their right to claim the property under pre-emption. The court
will not entertain any claims that are made after the limitation period has
expired.
o Example: Suppose Bilal realizes that Ahmed’s property has been sold but files
the pre-emption suit on May 1, beyond the 90-day period, his claim will be
dismissed. This emphasizes the importance of acting promptly once aware of
the sale.
4. Extension or Suspension of Limitation Period:
o Exceptions: In some cases, the limitation period may be extended or suspended
under specific circumstances, such as when the pre-emptor is unable to file the
suit due to extraordinary conditions like mental incapacity or if the sale deed
was fraudulently concealed.
o Example: If Ahmed deliberately hides the sale transaction from Bilal, leading
to Bilal’s late discovery of the sale, the limitation period may be extended to
account for this concealment. This ensures that pre-emption rights are protected
even in cases of fraudulent behavior.
5. Role of Notice:
o Notification Requirements: The Pre-Emption Act 1991 requires that the pre-
emptor be notified of the sale. If the pre-emptor does not receive proper notice,
the limitation period may be calculated from the date they actually become
aware of the sale.
o Example: If a sale occurs, but Ahmed does not formally notify Bilal, the 90-
day period for Bilal’s suit begins only when Bilal receives actual knowledge of
the sale, not necessarily from the date of the sale itself. This provision ensures
fairness by accommodating delays in communication.

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Conclusion

The law relating to limitation for filing a suit for pre-emption under the Pre-Emption Act 1991
establishes a clear framework for how and when pre-emption claims must be made. By setting
a 90-day limitation period from the date of sale or possession, the law ensures that pre-emptive
rights are exercised promptly, preserving the integrity of property transactions and preventing
prolonged disputes. Understanding these limitations is essential for anyone involved in
property transactions, as failing to adhere to these deadlines can result in losing the right to
claim property under pre-emption. The provisions also account for exceptional circumstances,
ensuring that the process remains fair and just. Therefore, timely action and awareness of these
legal requirements are crucial for effectively exercising the right of pre-emption.



Q. Define the term 'Talb' and discuss the law relating to utterance of Talabs (demands) for
exercising right of pre-emption.

Ans:
Introduction

The right of pre-emption, a significant legal principle in property law, allows specific
individuals or entities to claim a right to purchase property before it is sold to others. In the
context of this right, the term ‘Talb’ plays a crucial role. Talb refers to the formal demand or
request made by a pre-emptor to assert their right to purchase the property before it is fully
transferred to another party. This demand is a necessary procedural step under the Pre-Emption
Act of 1991 in Pakistan, ensuring that the pre-emptor's claim is officially recorded and
recognized. Understanding the detailed aspects of Talb is essential for anyone involved in pre-
emption disputes, as it determines the validity and enforceability of the pre-emption claim.

Definition of Talb

Talb:

In legal terms, Talb is the formal request made by a person exercising the right of pre-
emption to buy the property before it is sold to an outsider. It represents the pre-emptor's
intention to exercise their right to purchase and is a critical step in the pre-emption
process. The term is derived from Arabic, meaning 'demand' or 'request,' and in the
legal context, it is a formal declaration of the pre-emptor’s intent to claim the property
under pre-emption laws.

Law Relating to Utterance of Talabs

1. Form and Timing of Talb:

o Commencement of Limitation Period: The limitation period for filing a suit
for pre-emption begins when the pre-emptor becomes aware of the sale and the
buyer's possession. The Talb must be made within 30 days of this awareness,
ensuring that the pre-emptor acts promptly. This requirement helps to prevent
delays and ensures that property transactions proceed without undue disruption.

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o Example: If a property was sold on March 1, and Bilal learns about the sale on
March 15, Bilal must issue the Talb by April 14. This period ensures that the
pre-emptor is given a reasonable opportunity to assert their right.
2. Modes of Utterance:
o Verbal and Written Talb: Talb can be communicated either verbally or in
writing. However, to ensure that there is concrete evidence of the Talb, it is
advisable to provide a written notice. This written Talb should be delivered to
the seller in person or by registered mail to ensure that it is formally recognized.
o Example: Bilal can either verbally inform Ahmed of his intent to exercise pre-
emption or send a formal written notice. The written notice, ideally sent via
registered mail, serves as documented proof of the Talb, which is crucial in case
of any legal disputes.
3. Specificity of Talb:
o Clarity and Content: The Talb must clearly state the pre-emptor's intention to
purchase the property under the right of pre-emption. It should specify the
property in question and the seller’s details. Ambiguous or vague demands that
do not clearly identify the pre-emptor's claim are considered insufficient.
o Example: Bilal’s Talb should state, “I, Bilal, exercise my right of pre-emption
to purchase the property located at [address] sold by Ahmed to [buyer’s name].”
This clarity ensures that there is no misunderstanding about the pre-emptor's
claim and the property involved.
4. Legal Consequences of Failure to Utter Talb:
o Implications for Non-Compliance: If the pre-emptor fails to make the Talb
within the prescribed period or does not follow the proper procedure, their right
to pre-emption may be forfeited. The court will not entertain pre-emption claims
that are not properly communicated or are made outside the allowed timeframe.
o Example: If Bilal delays issuing the Talb or does not follow the correct
procedure, Ahmed may proceed with the sale to the outsider without any
obligation to Bilal. Such failure can result in the pre-emptor losing the right to
claim the property.
5. Procedure for Filing a Pre-emption Suit Post-Talb:
o Legal Action: After issuing the Talb, if the seller refuses to honor the pre-
emption claim, the pre-emptor can file a suit in the relevant court. The legal
action will involve presenting evidence of the Talb, demonstrating compliance
with procedural requirements, and asserting the pre-emptor’s right to purchase
the property.
o Example: If Ahmed refuses to sell the property to Bilal despite the Talb, Bilal
can initiate a legal suit. The court will review the Talb and other evidence to
determine whether the pre-emption right has been correctly asserted and
whether Bilal is entitled to purchase the property.
6. Exceptions and Special Circumstances:
o Fraudulent Concealment or Extraordinary Conditions: In cases where the
sale is concealed by the seller or where the pre-emptor is unable to file the Talb
due to extraordinary circumstances (e.g., incapacitation), the limitation period
for Talb may be extended or adjusted.
o Example: If Ahmed deliberately hides the sale transaction from Bilal, the
limitation period for issuing Talb may be extended to account for the delay
caused by the concealment. Similarly, if Bilal is incapacitated due to illness, the
court may consider these factors when determining the validity of the Talb.

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Conclusion

The process of uttering Talabs is a critical component of exercising the right of pre-emption. It
involves making a formal and specific demand to purchase property before it is sold to another
party. Adhering to the legal requirements for Talb, including the timing, mode of
communication, and clarity, is essential for the validity of the pre-emption claim. The legal
framework surrounding Talbs ensures that the pre-emption process is conducted fairly and
transparently, protecting the rights of the pre-emptor and maintaining the integrity of property
transactions. Understanding these detailed aspects helps pre-emptors navigate the pre-emption
process effectively and safeguard their rights in property disputes.



Q. What do you know about the term 'market value' with reference to right of pre-emption?
Discuss the procedure and factors to be observed for the determination thereof.

Ans:
Introduction

In property law, particularly with reference to the right of pre-emption, the concept of 'market
value' is a critical determinant for ensuring that the pre-emptor's right to purchase the property
is exercised fairly and equitably. Market value represents the price that a property would
reasonably fetch in an open and competitive market. It serves as a benchmark for evaluating
whether the pre-emptor's claim is justified and whether the property is being offered at a fair
price. In the context of the Pre-Emption Act of 1991 in Pakistan, determining the market value
of a property is essential for both assessing the fairness of the transaction and ensuring that the
pre-emptor's right to purchase is not compromised.

Definition of Market Value

 Market Value: Market value refers to the estimated amount for which a property
should exchange on the date of the valuation between a willing buyer and a willing
seller in an arm's-length transaction. It is the price that the property would achieve in
an open market, assuming both parties are well-informed and under no compulsion to
buy or sell.

PROCEDURE FOR DETERMINING MARKET VALUE

1. Assessment by a Valuer:
o Qualified Valuers: To determine the market value accurately, a professional
property valuer or appraiser, who is qualified and experienced, should be
engaged. The valuer's role is to provide an impartial and expert opinion on the
property’s value based on various factors.
o Example: In a pre-emption case, if Bilal wishes to assert his right to purchase
a property, an independent valuer might be appointed to assess the property's
current market value. This ensures that Bilal’s offer is reasonable and reflective
of the true value.

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2. Examination of Comparable Sales:

o Comparative Market Analysis: One of the primary methods for determining
market value is to compare the property with similar properties recently sold in
the same area. This comparative analysis provides a benchmark for estimating
the value.
o Example: If Ahmed’s property is similar in size, condition, and location to
other properties recently sold in the neighborhood, the sale prices of these
comparable properties will help in estimating Ahmed’s property’s market value.
3. Consideration of Property Features:
o Property Characteristics: The valuer must consider various features of the
property, such as its location, size, condition, age, and any unique attributes.
Each of these factors can significantly impact the property’s market value.
o Example: A property with a modern design and high-end finishes might be
valued higher than a similar property with outdated features. If Bilal's property
has a newly renovated kitchen or a larger lot size compared to others, these
aspects will be factored into the valuation.
4. Review of Market Conditions:
o Current Market Trends: The prevailing market conditions, including supply
and demand dynamics, economic factors, and interest rates, also influence the
market value. A property’s value might fluctuate based on broader economic
conditions and real estate market trends.
o Example: If the real estate market is experiencing a boom with rising property
prices, the market value of Ahmed’s property will reflect this trend. Conversely,
in a downturn, the value might be lower.
5. Legal and Regulatory Compliance:
o Compliance with Standards: The valuation must comply with legal and
regulatory standards set forth by property valuation authorities or real estate
regulatory bodies. This ensures that the valuation process is conducted
according to recognized practices.
o Example: In Pakistan, the Pakistan Real Estate and Regulatory Authority
(PERA) may provide guidelines on property valuation, and the valuer must
adhere to these guidelines to ensure the accuracy and legality of the valuation.

FACTORS TO BE OBSERVED

1. Accuracy of Information:
o Detailed Information: The accuracy of the market value determination relies
on detailed and accurate information about the property. This includes
property deeds, past sale transactions, and current condition reports.
o Example: The valuer must have access to comprehensive data about Ahmed’s
property, including any previous renovations or structural issues, to provide an
accurate valuation.
2. Objectivity and Impartiality:
o Neutral Valuation: The valuer must remain impartial and avoid any conflicts
of interest to ensure that the market value is determined fairly. This objectivity
is crucial for the credibility of the valuation.
o Example: If the valuer has a personal or financial connection to either party, it
could bias the valuation. An independent third-party valuer ensures that the
valuation reflects the true market value.

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3. Documentation and Evidence:

o Proper Documentation: All valuation processes and findings should be
documented thoroughly. This documentation serves as evidence in case of
disputes or legal challenges regarding the property’s value.
o Example: The valuer should provide a detailed report outlining the
methodology used, comparable properties analyzed, and the final assessed
value. This report is essential for supporting the pre-emptor’s claim.

Conclusion

Determining the market value of a property is a fundamental aspect of exercising the right of
pre-emption. The process involves assessing the property’s worth based on a variety of factors,
including comparable sales, property features, and current market conditions. Engaging a
qualified valuer, adhering to legal standards, and ensuring accurate and impartial evaluations
are critical to determining the fair market value. This ensures that the pre-emptor's right is
exercised fairly and that the property transaction remains equitable. Understanding the detailed
procedure and factors involved in market value determination helps p



Q. Define-and explain the following terms:

 Immovable property.
 Sale.
 Abatement of the right of pre-emption.
 Shafi Khalit.
 Status of improvement made by the vendee
 Determination of price and determination of market value

Ans:
Immovable Property
Immovable Property refers to assets that are permanently fixed to a specific location and
cannot be moved without altering their essential character. This category includes land,
buildings, and structures that are attached to the land, such as houses, factories, and other real
estate. In legal terms, immovable property is distinguished from movable property, which
encompasses items like vehicles, furniture, and personal belongings that can be transported.
The significance of immovable property in legal contexts, particularly in pre-emption rights, is
substantial because these assets involve long-term investments and significant transactions. In
Pakistan, the Pre-Emption Act of 1991 applies specifically to immovable property, allowing
certain individuals or entities, known as pre-emptors, the right to purchase the property before
it is sold to a third party. This right ensures that those with a vested interest in the property or
its vicinity have the opportunity to secure ownership, thereby maintaining familial or
communal property arrangements and preventing unwanted external ownership.

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Sale

Sale is a legal transaction where ownership of property or goods is transferred from one party
(the seller) to another party (the buyer) in exchange for a monetary consideration. In property
law, a sale involves the transfer of ownership rights in immovable property, such as land or
buildings. This transaction is usually formalized through a sale deed or contract, which includes
crucial details such as the purchase price, the property description, and any conditions attached
to the sale. The sale must comply with legal requirements, including proper documentation and
registration, to be legally binding. Under the Pre-Emption Act 1991 in Pakistan, a sale triggers
the right of pre-emption, giving eligible individuals the opportunity to purchase the property
before it is finalized with another buyer. This mechanism is designed to protect the interests of
those with prior rights or significant connections to the property, ensuring they have the chance
to maintain control or ownership of the property before it is transferred to a new party.

Abatement of the Right of Pre-emption

Abatement of the Right of Pre-emption refers to the termination or loss of the pre-emptor’s
right to claim the property under pre-emption laws. This abatement can occur for several
reasons. One common reason is the failure to exercise the right within the legally prescribed
time frame. For instance, if a pre-emptor does not file a suit or make a formal demand (Talb)
within the stipulated period following the sale or transfer of property, their right to pre-empt
the sale is extinguished. Additionally, abatement can occur if the property undergoes
significant changes or improvements by the buyer (vendee) that alter its condition or value.
The rationale behind abatement is to ensure that property transactions are finalized in a timely
manner and that pre-emption rights are exercised effectively. This legal principle prevents
prolonged disputes and ensures that the pre-emption right is not claimed after significant
alterations have been made to the property.

Shafi Khalit
Shafi Khalit refers to a specific category of pre-emptor under Islamic law and property
jurisprudence. The term denotes individuals who have a right to pre-empt the sale of property
based on their proximity or direct connection to the property or its owners. Unlike Shafi-i-
Sharik (co-sharers) or Shafi-i-Karib (close relatives), Shafi Khalit often include parties who
have a substantial interest or involvement in the local property dynamics. This could involve
neighbors or individuals with a longstanding association with the property or its owners. The
classification of Shafi Khalit highlights the importance of local connections and vested interests
in the pre-emption process, ensuring that those who are directly impacted by the property’s sale
or who have a historical stake in its ownership have the opportunity to exercise their pre-
emption rights before the property is sold to an outsider.

Status of Improvement Made by the Vendee

Status of Improvement Made by the Vendee refers to the consideration of any enhancements
or modifications carried out by the buyer (vendee) after acquiring the property. When a
property is sold, the new owner may undertake various improvements or renovations, such as
building extensions, modernizing facilities, or making aesthetic upgrades. These changes can
significantly alter the property’s value and condition. In the context of pre-emption, the status
of these improvements is important because it affects the pre-emptor’s right to claim the

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property. If the property has been substantially altered or improved, it may impact the fairness
of the pre-emption claim, as the pre-emptor’s offer to purchase should reflect the current state
of the property. This consideration ensures that the pre-emption process remains equitable and
that any enhancements made by the vendee are duly acknowledged, preventing disputes over
the altered value or condition of the property.

Determination of Price
Determination of Price involves establishing the specific amount of money that is agreed
upon for a property or asset in a sale transaction. In the context of pre-emption, determining
the price is crucial because it ensures that the pre-emptor can match the sale price offered by
the buyer. The price must reflect the true value of the property as agreed upon between the
seller and the buyer. Accurate determination of price involves considering various factors,
including the property’s condition, location, and market trends. It ensures that the pre-emptor’s
right to purchase is based on a fair and equitable evaluation of the property’s value. This
process prevents disputes by providing a clear benchmark for the pre-emption claim and
ensuring that the pre-emptor is given a fair opportunity to purchase the property on the same
terms as those agreed upon in the sale.

Determination of Market Value

Determination of Market Value refers to the process of assessing the fair and accurate value
of a property based on current market conditions. Market value is defined as the price a property
would likely achieve in an open and competitive market, assuming both buyer and seller are
informed and willing participants. This determination involves analyzing various factors,
including recent sales of comparable properties, property characteristics, location, and overall
market conditions. Professional valuers or appraisers conduct this assessment to provide an
objective estimate of the property’s worth. In the context of pre-emption, determining the
market value is essential to ensure that the pre-emptor’s right to purchase is based on a fair and
realistic evaluation of the property. This assessment helps in resolving disputes by establishing
a clear value benchmark, ensuring that property transactions are conducted fairly, and that the
pre-emption rights are exercised in accordance with the true market value of the property.



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