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View Full Version : Discuss the rights and duties of tenant and landlord toward produce of land. (2000)



vustudents
09-10-2012, 06:23 PM
1. Introduction:
Landlord and tenant are two different persons. the tenancy act 1967 describes different rights and duties of landlord and tenant. the the rights of the landlord are duties of the tenant and duties of the landlord are the rights of the tenant.
2. Relevant provisions:
Sec. 12 Punjab tenancy act 1887.
3. Definition of landlord:
Landlord means a person under whom a tenant hold land and to whom the tenant is or but for a special contract would be liable to pay rent that rent.
4. Definition of tenant:
Tenant means a person who holds land under another person or is or special contract would be liable to pay rent for land to that person.
5. Case law definition of tenant:
1894 CLC 677.
Tenant means a person who holds under another person and it or but a special contract liable to pay rent. it includes a predecessors and successors in interest of such person but dose not include a mortgagee of the rights of a land owner or a person to whom a holding has been transferred or a person who takes form government a lease of unoccupied land for the purpose of sub-letting it.
6. Main features of tenant:
Following are main features of tenant:
(i) Holding of land
(ii) Holding of land under another person.
(iii) Liability to pay rent.
7. Rights of landlord and duties of tenant:
(i) Right to take produce:
Landlord is entitled to take produce of his share.
(ii) Right to take rent:
Landlord has right to take rent form the tenant and it is duty of tenant to pay rent.
(iii) Right to take rent in time:
Landlord has right to take rent in time and it is the duty of tenant to pay the same.
(iv) Right to demand increase in rent:
Landlord has right to demand increase is rent and it is duty of the tenant to pay attention toward the demand of landlord.
(v) Right to sue:
Landlord has right to file against the tenant for increase in rent if the tenant turns down his demand.
(vi) Rights to be present in the division of produce:
Landlord has right to be present in the division of produce.
(vii) Right to take part in division of produce:
Landlord has right to take part in division of produce.
(viii) Right to takes possession of produce:
Landlord has right to take possession of produce when it is divided.
8. Rights of tenant and duties of landlord:
(i) Right to cultivate land:
Tenant has right to cut harvest of produce of his tenancy and it is the duty of landlord not to interfere in the cultivation of tenant.
(ii) Right of possession:
When the rent is not taken by the division the right of tenant has exclusive possession of produce.
(iii) Right yo divide produce:
Tenant has right to divide the produce.
9. Conclusion:
To conclude i can say that the respective rights of the landlord and tenant are described in sec. 12 of the land revenue act. these are only fundamental and basic right regarding produce.