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vustudents
09-10-2012, 08:19 PM
Q. Discuss the grounds for establishing occupancy right under Punjab tenancy act. (2001) (2002)
Q. Discuss the relevant law regarding the establishment of right of occupancy under the Punjab tenancy act. (2003)
1. Introduction:
By the enforcement of the Punjab tenancy agreement act VII of 1952, the occupancy right have become very limited. now occupancy rights can exist only in government land.
2. Relevant provisions:
Sections 5, 7, 9, 10 Punjab tenancy act.
3. Meaning of tenancy:
Tenancy means a parcel of land held by a tenant under one lease or one set of conditions.
Case law
1991 CLC 2125
It was held tenancy is not only created by express contract by also by implication or by conduct of parties.
4. Tenant having occupancy rights:
(i) Hereditary tenant:
To be hereditary tenant following conditions must be fulfilled.
(i) That who act the commencement of this act has for more than two generations, in the line of desent through a grandfather or grand uncle occupies the land.
(ii) The period of occupation should be less than twenty years.
(iii) At the commencement of this act the tenant occupied that land apying no rent thereof beyond the land revenue thereof and the rate and cesses for the time being charegable thereon.
(ii) Landlord:
If a tenant proves that he owned land and has following condition must be fuilled in this regard.
(i) That he was once owner of that.
(ii) That he ceased to be land owner neither by forfeiture to government nor by his own voluntary act.
(iii) That he has continuously occupied the land since the day he ceased to be land owner.
(iii) Inhabitation:
The right of occupancy can also be established by inhebitation on land. following conditions must be fulfilled in this regard.
(i) That he settled alongwith or was settled by the founder thereof, as a cultivator in the village or estate in which the land is situate.
(ii) That he held on 21th day of October 1886, in that village or estate in which the so settled or was settled by the founder.
(iii) He has continuously occupied the land since.
(iv) Jagidar:
Jagirdar is also entitled to establish the right of occupancy if he prove either of the two condition namely.
(i) That he being the Jagirdar of the estate or any part of the estate in which he land occupied by him is situate, has continuously occupied the land for not less than twenty years or.
(ii) That having been such a Jagirdar he occupied the land while he Jagirdar and he has continuously occupied for not less than twenty years.
5. Right of occupancy before tenancy act 1868:
A tenant recorded in record of rights sanctioned by the provincial government before the 21 day of October 1868, as a tenant having a right of occupancy in land which he has continuously occupied from the time of the preparation of that record shall be deemed to have a right of occupancy in that land unless the contrary has been established by a decree of competent court in a suit instituted before the passing of this act.
6. Occupancy right of exchange of right:
If the tenant has voluntarily exchanged the land, or any portion of the land, for merely occupied by the him for land belonging to the same landlord, the land taken in exchange shall be held to the subject to the same right of occupancy as that to which the land given in exchange would have been subject if the exchange had not taken place.
7. Establishment of right of occupancy on grounds other than those expressly stated in the act:
Nothing in the foregoing sections of this chapter shall preclude any person from establishing a right of occupancy on any ground other than the grounds specified in those sections.
8. Right of occupancy not to be acquired by mere laps of time:
No tenant shall acquire a right of occupancy by mere laps of time.
9. Occupancy right of joint owner:
In the absence of a custom to the contrary, no one of several joint owner of land shall acquired right of occupancy in land jointly owned by them.
10. Conclusion:
To conclude I can say that the right of occupancy can be established by different ways. the tenant also included predecessor or successor in interest of the tenant for time being.