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Thread: What is rent? can its commutation and alteration take place if so how. (1998, 2000,)

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    Word Icon 35px Jpg.ashx What is rent? can its commutation and alteration take place if so how. (1998, 2000,)

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    Q. Define rent and its kinds. (2000)
    1. Introduction:

    Rent is an agreed sum of money or other thing payable by the tenant for the use of occupation of some property or land to the landlord.
    2. Relevant provisions:
    Sec. 13 tenancy act 1887.
    3. Definition of rent:
    According to tenancy act 1887.
    "Whatever payable to the landlord by tenant on account of occupying the land in term of money or other services.
    (i) Exceptions:
    Following does not include in rent.
    (i) Any cess.
    (ii) Village cess.
    (iii) Any voluntarily service of personal nature.
    (iv) Other contribution or dues.
    4. Case law
    PLD 1962 Kar. 296.

    It was held rent may be "a paid or promised or money, a share or corps, service or any other thing of value to or rendered periodically or on specified occasions by the lessee to the landlord.
    5. Forms of rent:
    Following are different from of rent.
    (i) Cash
    (ii) Share in crops
    (iii) Services
    (iv) Share in crops regarding produce.
    6. Kinds of rent:
    Following are important kinds of rent.
    (a) Batai rent
    (b) Zabit rent
    (c) Nakdi rent
    (d) Chakota rent.
    (a) Batai rent:
    Batai rent is definite share of crop which is received by the landlord.
    (b) Zabti rent:
    Some crops can not conveniently be divided so in such case rent is payable at fixed reates per Kanal or biga.
    (c) Nakdi rent:
    Cash which is paid by the tenant to the landlord irrespective of the crops grown upon the land is called Nakdi rent.
    (d) Chakota rent:
    Lumpsum grain rent comprising of a fixed amount of grain in the spring and a fixed amount of cash in the autumn harvest.
    7. Commutation and alteration of rent:
    According to Sec. 13
    1. Where rent in taken by any of the following methods, namely.
    (a) By diviaion or appraisement of the produce.
    (b) By rates fixed with reference to the nature of crops grown.
    (c) By a rate on a recognised measures of area.
    (d) By a rent in gross on the tenancy or.
    (e) Partly by one of the methods specified in clauses (a) (b) and (c) of this sub- section and partly by another or other of them. one of those methods shall not be commuted in the whole or in part into another without the consent of both landlord and tenant.
    2. In the absence of a contract or a decree or order of competent authority to the contrary, a tenant whose rent is taken by of the methods specified in clause (a) (b) and (c) of sub section (1) or by the the methods specified clause (d) shall not be liable to pay a tenancy rent at higher rate, or of higher amount, as the case may be, than the rate of amount payable in respect of tenancy for preceding agricultural year.
    8. Conclusion:
    To conclude I can say that rent is a money or other thing which is paid by the tenant to the landlord put it does not include any cess, village cess or other contribution or due or any free personal services. the commutation and alternation of rent may be occurred with the consent of landlord and the tenant.

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