THE PUNJAB TENANCY ACT, 1887

(Act XVI of 1887)

CHAPTER I PRELIMINARY

1. What is the main subject of the Punjab Tenancy Act, 1887? b) Land tenancy and
landlord-tenant relations
2. When did the Punjab Tenancy Act, 1887 come into force? b) 1887
3. Which section defines the title, extent, and commencement of the Act? a) Section 1
4. According to the Act, what is the primary scope of its provisions? b) To govern
tenancy relations in rural areas
5. The Punjab Tenancy Act applies to which region? b) Punjab Province
6. The Act’s application begins on the date specified in which part? a) Section 1
7. What does the Act primarily aim to regulate? b) The rights and obligations of
landlords and tenants
8. Which chapter handles the preliminary provisions of the Punjab Tenancy Act? b)
Chapter I
9. Does the Act define the terms “landlord” and “tenant”? a) Yes, explicitly in Chapter I
10. Which of these is NOT a provision covered in Chapter I? c) Details about land
improvements
11. The phrase “extent” in the context of the Act most likely refers to what? c) The scope
of the Act’s applicability
12. Which section discusses the commencement of the Punjab Tenancy Act? a) Section 1
13. Is the Punjab Tenancy Act of 1887 a repealed or still applicable law? b) Still applicable
in some regions
14. The contents of Chapter I are primarily: b) Preliminary and general provisions
15. Which of these is part of the scope of Chapter I? c) Preliminary provisions such as
title and extent
16. Is the Act designed to govern urban tenancy relations? b) No, it specifically covers
rural tenancy
17. Who enacted the Punjab Tenancy Act, 1887? b) Provincial Government of Punjab
18. The preliminary chapter provides an overview of what? b) Basic definitions and
scope of legislation
19. The key focus of the Act is to regulate relationships between which parties? b)
Landlords and tenants
20. Is the Punjab Tenancy Act an Act specific to one district or the entire province? b)
Entire province of Punjab
21. The Act defines the “title” of land in which context? a) Legal ownership and rights
over land
22. Which section is likely to specify the legal commencement date of the law? a) Section
1
23. The Punjab Tenancy Act, 1887 is primarily a: b) Land and tenancy regulation law
24. What does the term “preliminary” in Chapter I indicate? a) Initial provisions and
definitions
25. The Act’s scope and application are determined in which section? a) Section 1
26. Which of these would most likely NOT be covered in Chapter I? c) Regulations about
land improvements
27. Does Chapter I specify the procedures for dispute resolution? b) No
28. Is the Punjab Tenancy Act an example of a: b) Land and tenancy regulation law
29. How many pages does Chapter I span in the document? a) 1 (based on the provided
content/pages)
30. The purpose of the initial chapter in legislation like this is primarily to provide: b)
Preliminary scope, definitions, and commencement details
Chapter II ("RIGHT OF OCCUPANCY") of the Punjab Tenancy
Act, 1887
1. What are the criteria outlined in Section 5(a) for a tenant to have a right of
occupancy concerning the duration and nature of occupation? Answer: The
tenant must have, at the commencement of the Act, occupied land for more than two
generations in the male line of descent through a grandfather or grand uncle, and paid
no rent beyond the land revenue and applicable rates and cesses for at least twenty
years.
2. According to Section 5(b), what conditions must a tenant meet to qualify for a
right of occupancy if they have previously owned land? Answer: The tenant must
have ceased to be a landowner (not by forfeiture or voluntary act) and have
continuously occupied the land since losing ownership.
3. What does Section 5(c) specify about tenants occupying land in a village or
estate as settled by the founder before October 21, 1868? Answer: They are
deemed to have a right of occupancy if they have occupied the land continuously since
that date.
4. In the context of Section 5(d), what is the significance of a jagirdar’s
occupation concerning the right of occupancy? Answer: A jagirdar of an estate or
part of it who has occupied land continuously for twenty years, including during their
jagirdari tenure, has a right of occupancy.
5. How does Section 6 define the legal presumption regarding tenants recorded
prior to October 21, 1868? Answer: Such tenants are deemed to have a right of
occupancy unless a court judgment proves otherwise.
6. What procedural requirement does Section 6 mention to rebut the
presumption of occupancy rights for recorded tenants? Answer: The contrary
must be established by a decree of competent court.
7. What does Section 7 state about land exchanged between tenants and
landowners? Answer: Land taken in exchange for other land belonging to the same
land-lord shall be deemed to carry the same right of occupancy as the land exchanged.
8. What is permitted under Section 8 regarding establishing rights of
occupancy? Answer: It permits establishing a right of occupancy on grounds other
than those explicitly specified in the previous sections.
9. Why does Section 9 explicitly prohibit acquiring a right of occupancy through
mere lapse of time? Answer: To prevent a tenant from claiming rights based solely on
long possession without compliance with other qualifying conditions.
10. According to Section 10, when can a joint owner of land acquire a right of
occupancy? Answer: Only if a custom exists to that effect, as the default position
states no joint owner shall acquire such rights.
11. What does Section 11 clarify about existing occupancy rights when the Act
comes into force? Answer: Existing rights are to be deemed continued under
specified laws, ensuring their validity after the enactment.
12. How does the table under Section 11 connect rights under the Punjab
Tenancy Act, 1868, with those under the current Act? Answer: It links specific
sections and clauses of the previous law with those of the current law to confirm rights
are preserved.
13. What Section addresses the continuance of occupancy rights held
immediately before the Act's commencement? Answer: Section 11
14. What role does Section 6(2) play regarding the occupation carried out by
tenants for more than thirty years? Answer: It presumes that the tenant has
fulfilled the conditions of the right of occupancy if they've occupied land continuously
and paid only land revenue and charges.
15. What is the importance of the date October 21, 1868, in Sections 5(c) and
6? Answer: It marks the cutoff date for certain longstanding occupancy rights and
records.
16. Explain how Sections 5 and 6 deal with the rights of tenants recorded before
the Act? Answer: They are presumed to have occupancy rights unless proven
otherwise through a court decree.
17. What does Section 8 imply about establishing occupancy rights on "grounds
other than those specified" in previous sections? Answer: It allows establishing
such rights on additional or different grounds not explicitly listed.
18. Under Section 5, what is the significance of the "twenty years" of
occupation? Answer: It is a key period that, if fulfilled along with other conditions,
grants a right of occupancy.
19. How does Section 10 restrict joint owners from acquiring occupancy
rights? Answer: It states that absent a special custom to contrary, no joint owner shall
gain such rights in jointly held land.
20. In what way does Section 11 ensure the stability of occupancy rights when
the new law is enacted? Answer: By declaring prior rights as continuing under the
law, safeguarding tenants' occupancy rights obtained earlier.
21. What is the significance of the "custom" in the context of joint ownership and
occupancy rights as per Section 10? Answer: Custom can override the default rule,
permitting joint owners with established customs to acquire occupancy rights.
22. How do Sections 5 and 6 collectively address the protection of tenants' rights
before the law was enacted? Answer: They create a presumption that tenants listed
in records and fulfilling specific criteria are entitled to occupancy rights unless
challenged.
23. What procedural aspect is emphasized in Sections 5 and 6 regarding
confrontation of occupancy rights? Answer: The burden is on the land-lord or other
parties to prove otherwise in a court of law.
24. What is the link between Sections 5(c), 6, and the date October 21,
1868? Answer: These sections specify that occupancy rights acquired before that date
are presumed valid.
25. What does the phrase “continuously occupied from the time of the
preparation of that record” in Section 6 imply about record-keeping? Answer:
Proper record-keeping and continuous occupation are fundamental to establishing
occupancy rights.
26. Does the law recognize occupancy rights for tenants or landholders who have
ceased to be landowners? Answer: Yes, as per Section 5(b), provided they have
occupied continuously since losing ownership.
27. What significance does the clause in Section 5(a) regarding “more than two
generations” hold? Answer: It emphasizes long-term occupancy within family lines
involving male descendants.
28. According to Section 5(d), what is the timeframe for a jagirdar occupying land
to qualify for a right of occupancy? Answer: Not less than twenty years.
29. What role does Section 8 play in expanding the possibilities of establishing
occupancy rights? Answer: It allows establishment on any other viable grounds,
providing greater flexibility.
30. In summary, what core principles about occupancy rights are conveyed
through Sections 5 to 11? Answer: Qualification based on occupation duration,
family line, prior record, and the presumption of rights unless proven otherwise, with
protections to existing rights at the time of law’s enforcement
Rent-Chapter 3
1. What is the discretion of the court regarding the extent of rent enhancement or
reduction? The court shall enhance or reduce the rent to what it considers fair and
equitable, but not less than the land revenue plus rates and cesses.
2. When does the enhancement or reduction of rent take effect? Enhancement takes effect
from the start of the next agricultural year, unless directed otherwise; reduction
specifies the effective date
3. How are rents expressed in terms of land revenue adjusted when land revenue
changes? Revenue Officers determine the new rent based on changes in land revenue,
and the rent is adjusted proportionally; the existing rent remains until the next
alteration or suit .
4. Does a change in rent under this section count as an enhancement or reduction? No, an
alteration under this section is not considered an enhancement or reduction [T1, Page ].
5. How is the rent adjusted for muqarraridars? They are deemed to be tenants having a
right of occupancy [T1, Page ].
6. How are rents paid by occupancy tenants in Attock District adjusted when land revenue
changes? Revenue Officers can increase or diminish such rent within limits, considering
changes in land revenue and assessment methods [T2, Page ].
7. Under what circumstances may the rent be reduced if land ceases to be irrigated or
flooded? Rent may be reduced to the rates paid by tenants on similar unirrigated or
unflooded land [T3, Page ].
8. How can cash rents of occupancy tenants be enhanced? They can be enhanced within
upper limits based on the rent as a proportion of land revenue, depending on the
tenant's class [T4, Page ].
9. How can rent payable by occupancy tenants be reduced? It can be reduced if the
productive powers of the tenancy have decreased due to a cause beyond the tenant's
control [T4, Page ].
10. Who can institute suits for the enhancement or reduction of rent? Either landlord or
tenant can file a suit, following certain restrictions if rent was previously enhanced or
decremented [T4, Page ].
11. What is the effect of depositing rent in certain cases? It may have specific legal effects
on rent recovery, as per the Act's provisions [T8, Page ].
12. How are rents recovered from attached produce? Rents are recovered from attached
produce following prescribed procedures [T8, Page ].
13. What are the provisions for lease periods exceeding the term of land revenue
assessment? They are treated based on the relationship to the assessment period, with
specific treatment outlined in the Act [T8, Page ].
14. What are the grounds for ejectment of tenants? Grounds include failure to satisfy
decrees for rent, breach of conditions, or other legal reasons [T8, Pages 2-3].
15. What is the procedure for ejectment of tenants? Applications are made to Revenue
Officers; notices are issued; and ejectment is effected following prescribed steps [T8,
Pages 2-3].
16. What provisions regulate the alienation of rights of occupancy? Private transfer,
foreclosure, sale, and transfer procedures are specified, with restrictions and processes
outlined in the Act [T8, Pages 2-3].
17. How does succession to rights of occupancy work? Rights of occupancy pass to legal
heirs, subject to conditions and procedures specified [T8, Page ].
18. What is the impact of this Act on records-of-rights and agreements? Certain entries and
agreements contrary to the Act are null and void; others are preserved when in writing
[T6, Pages 4-5].
19. How are tenancy rights extinguished under the Act? Through legal processes such as
extinguishment of occupancy tenancies or muqarraridari rights [T6, Pages 4-5].
20. When does the Punjab Tenancy Act, 1887, come into force? Upon notification by the
Provincial Government, extending to the whole of Punjab and from a specified date
[T6, Page ].

CHAPTER IV RELINQUISHMENT, ABANDONMENT AND EJECTMENT

1. What is the process for a fixed-term tenant to relinquish tenancy? They can relinquish at
the end of the fixed term without notice [Section 35].
2. By when must other tenants give notice to relinquish tenancy? By January 15th of each
year, for relinquishment at the end of the current agricultural year [Section 36].
3. Can a tenant relinquish only part of the tenancy? Yes, relinquishment of part of a
tenancy is permitted [Section 37].
4. What is the procedure for a tenant to relinquish under Section 36? Giving verbal or
written notice to the landlord or applying to Revenue Officer for service [Section 36].
5. When can a tenant abandon their tenancy? When a tenant with occupancy rights
abandons the land, under conditions set by the Act [Section 38].
6. What grounds allow for ejectment of an occupancy tenant? Breach of conditions, unpaid
rent, or unlawful acts, as detailed in Sections 39 and 41 [Sections 39, 41].
7. How can a tenant be ejected for a fixed term? On breach of the lease conditions or non-
payment of rent [Section 40].
8. What notice is required for ejectment from year-to-year tenancies? Notice period
specified in Section 45; usually at least one agricultural year [Section 45].
9. What is the restriction on ejectment? Ejectment cannot be executed without proper
application and proceedings as per Sections 42 & 43 [Section 42].
10. How can a tenant seek relief against wrongful dispossession? By applying to the
Revenue Court for relief under Section 50 [Section 50].
11. What is the procedure for filing an ejectment application? An application is made to
Revenue Officer under Section 43 [Section 43].
12. How long is the period for ejectment after order or notice? The Court sets a specified
period, often within 30 days, for ejectment [Section 47].
13. Can a tenant apply for relief if wrongly dispossessed? Yes, under Section 50-A for
wrongful dispossession [Section 50-A].
14. What are the provisions for ejectment procedures in case of non-compliance? Powers for
ejectment are exercised following the order; non-compliance leads to penalties
[Sections 44, 45].
15. What is the authority responsible for ejectment proceedings? The Revenue Officer
designated under the Act [Section 43].
16. How does the Act prevent illegal eviction? Through restrictions and required legal
procedures as per Sections 42 and 43 [Sections 42, 43].
17. When can relief against forfeiture be sought? At any time before an order of ejectment,
as per Section 48 [Section 48].
18. What rights do tenants have to crops upon ejectment? Rights are protected as far as
land is concerned and crops are disposed of as per Act [Section 49].
19. How is wrongful dispossession challenged? By application to Revenue Court under
Section 50 [Section 50].
20. What is the significance of the restriction on ejectment? It ensures tenant protection
from arbitrary ejectment [Section 42].
21. When is the power to vary ejectment dates exercised? The Provincial Government can
fix or alter dates as per Section 52 [Section 52].
22. What procedure is prescribed for ejecting tenants for non-payment? Following notices
and proceedings outlined in Sections 44 and 45 [Sections 44, 45].
23. Under which section can a tenant appeal against ejectment? Under Section 50-A, for
relief against wrongful ejectment [Section 50-A].
24. How does the Act ensure protection for tenants in ejectment cases? Through legal
procedural safeguards and time limits for proceedings [Sections 42–48].
25. What is the role of Revenue Officers in ejectment? They execute orders of ejectment,
following legal procedures under Sections 43 and 44 [Sections 43, 44].

CHAPTER V ALIENATION OF, AND SUCCESSION TO, RIGHT OF OCCUPANCYPunjab

Tenancy Act, 1887, with exact references, ensuring the answers incorporate the text
fully without compromise:

1. What does Section 52-A specify regarding the

applicability of Chapter V to muqarraridars?
Answer: Section 52-A states that the provisions of Chapter V shall not apply to
muqarraridars [Section 52-A].

2. Under Section 53, what is the procedure for a tenant to

transfer the right of occupancy?
Answer: A private transfer of the right of occupancy under Section 53 may be
made in the manner prescribed by law, subject to the law and the rights of the
landlord [Section 53].

3. According to Section 54, what steps are involved in the

foreclosure of a mortgage of the right of occupancy?
Answer: Foreclosure of the mortgage shall be executed in accordance with the
procedure prescribed in the law, and the mortgagee shall be entitled to recover
the mortgaged land [Section 54].

4. How is the sale of the right of occupancy conducted under

Section 55?
Answer: The right of occupancy may be sold in execution of a decree made by a
court of competent jurisdiction, following the procedures laid down for sale of
property in execution of a decree [Section 55].
5. What is the process for transfer of right of occupancy
under Section 56, other than Section 5?
Answer: The transfer of the right of occupancy shall be made by a transfer deed,
and the transfer must be registered as per law, and the transferee shall become
liable to accept the liabilities and perform the duties attached to the right [Section 56].

6. What rights and liabilities does a transferee acquire as

per Section 57?
Answer: The transferee shall acquire all rights and liabilities of the original
tenant relating to the tenancy or right of occupancy, including liability for rent
and land-revenue [Section 57].

7. What restrictions are placed on sub-letting under Section

58?
Answer: Sub-letting without the consent of the landlord or in contravention of
the law shall be invalid, and the tenant shall be liable to be ejected [Section 58].

8. What does Section 58-A specify about the exchange of

occupancy rights?
Answer: Section 58-A permits the transfer of occupancy rights by exchange, if
done in accordance with the procedures prescribed, and the exchange shall be
valid only if it complies with the law laid down [Section 58-A].

9. Under Section 59, what are the rules for succession to the
right of occupancy?
Answer: Succession to the right of occupancy shall be governed by the rules of
inheritance applicable to the land under the law or custom, and shall
confer the same rights as the original tenant [Section 59].

10. What defines an irregular transfer under Section 60?

Answer: A transfer which is made in contravention of the provisions of Sections
53 to 58 or without following the prescribed procedure shall be deemed an
irregular transfer, and the transfer shall be considered invalid [Section 60].

11. How does the law deal with a transfer made during the
lease period, as per Section 56?
Answer: Transfers done under Section 56 must be in accordance with the
procedure specified in the Act, and the transferee shall be liable for all
obligations from the date of transfer [Section 56].

12. What are the specific liabilities assumed by a transferee

under Section 57?
Answer: The transferee shall assume all the liabilities and
obligations attached to the right of occupancy, including the payment of
rent, land revenue, and maintenance or other duties as per law [Section 57].
13. What conditions must be fulfilled for a valid sub-letting
under Section 58?
Answer: Sub-letting shall only be allowed if the landlord's permission is
obtained or the law permits it; sub-letting in breach of these rules shall be
illegal [Section 58].

14. What are the procedural requirements for a transfer of

occupancy rights through exchange under Section 58-A?
Answer: The exchange must be executed in writing and registered according
to law, and the parties must follow the procedures prescribed by the law to
be valid [Section 58-A].

15. What are the rules for succession to occupancy rights

upon the death of a tenant, as detailed in Section 59?
Answer: Heirs or successors who are eligible by law or custom can succeed to
the right of occupancy if they fulfill the conditions laid down by
law, including continuous occupation and acceptance of obligations [Section
59].

16. What are the consequences of an irregular transfer

under Section 60?
Answer: An irregular transfer may be declared invalid by the Revenue
Court or competent authority, and the transfer **may be set aside, and the
original rights remain unaffected unless the law provides otherwise [Section
60].

17. Does the law permit a transfer of occupancy rights

during the lease period, and under what conditions?
Answer: Yes, transfers during the lease period are permissible if they are
made lawfully and follow the procedure prescribed in the Act [Sections 53–60].

18. What does Section 52-A clarify about the applicability of

Chapter V to muqarraridars?
Answer: Section 52-A explicitly states that the provisions of Chapter V shall
not apply to muqarraridars, thus excluding them from the scope of rights and
obligations prescribed in this chapter.

19. What process is involved for a court to entertain a suit

for transfer, or for claiming rights of occupancy under
Sections 24 and 25?
Answer: The procedure involves filing a suit in a competent court and
establishing the conditions of occupancy or land rights as per the provisions
of the law, including proof of continuous occupation and payment [see Sections
24 and 25].
20. Under Section 54, what rights does a mortgagee have
during foreclosure proceedings?
Answer: The mortgagee is entitled to the land or rights mortgaged and to
recover the same by legal proceedings following the law for
foreclosure [Section 54].

21. What legal steps are necessary for the sale of occupancy
rights under Section 55?
Answer: The sale must be carried out by a court in accordance with legal
provisions for sale in execution of a decree, and the sale shall affect the
rights of the occupant only after it is confirmed by the court [Section 55].

22. How does the law regulate the transfer of rights in joint
ownership lands as to occupancy under Section 10?
Answer: In the absence of a contrary custom, none of the joint
owners shall be deemed to have a right of occupancy in land held
jointly, unless such right is explicitly established by law or custom [Section 10].

23. How is joint ownership affected concerning occupancy

rights, according to Section 10?
Answer: Joint owners do not automatically hold occupancy rights, and such
rights are not generally acquired by joint owners unless a custom or law
states otherwise [Section 10].

24. What entails the continuity of occupancy rights based

on Section 11?
Answer: A tenant who has continuously occupied land and paid land
revenue for 30 years

-How long does a third person have to institute a suit against the plaintiff to restrain payment of money
paid into court under Section 95?

Three months from the receipt of the notice.