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View Full Version : When Rent can be deposited with the revenue officer by the tenant? (2000)(2002)



vustudents
09-11-2012, 02:07 AM
Q. Discuss the circumstances and the procedure for depositing in the officer of the revenue office. (2003)
1. Introduction:
Rent is an agreed sum of money or other thing payable the tenant for the use of occupation of some property or land to the landlord. if he refuses to receive rent malafidely ,the tenant can deposit such amount with the revenue officer.
2. Relevant provisions:
Section 31,32 Punjab tenancy act 1887.
3. Definition of rent:
"Whatever payable to the landlord by tenant on account of occupying the land in term of money or other services.
(i) Exception:
Following dose not include in rent.
(i) Any case
(ii) Village cass
(iii) Any voluntarily services of personal nature.
(iv) Other contribution or dues.
4. Meaning of the revenue officer:
"Revenue officer or revenue court in any provision of this means a revenue officer or a revenue court having authority under this act to discharge the functions of a revenue officer or revenue court as the case may be.
5. Rent which can be deposited with the revenue officer:
Only the cash rent can be deposited with the revenue officer by the tenant.
6. Grounds for depositing rent:
Following are grounds for depositing rent by the tenant.
(i) Refusal of landlord to receive rent:
If landlord refueses to receive rent in order make out case of arrears of rent against tenant.
(ii) Refusal of landlord to grant receipt:
The tenant can deposit rent with the revenue officer if landlord refuses to grant receipt to the tenant in order to make out case of arrears against the tenant.
(iii) Doubt:
When a tenant is in doubt as to the person entitled to receive rent payable in money.
(iv) Dispute between mortgagor and mortgagee:
When there`is dispute between mortgagor and mortgagee. the tenant can deposit the rent with the revenue officer.
7. Procedure:
I. Petition:
The tenant shall file petition in the office of concerned revenue officer.
(i) Contents of petition:
(i) Name of the petitioner (tenant)
(ii) Ground for depositing rent.
(iii) Any other important information.
(ii) Notice:
The revenue officer shall issue notice to the person who in entitled to the rent.
Expenses of notice:
All the expenses of serving notice to the defendant shall be afforded by the tenant.
(iii) Hearing:
The revenue officer shall hear both the parties.
(iv) Order:
The revenue offices shall announce his order regarding the deposit of rent in the office by the tenant.
8. Effect of depositing rent:
(i) It shall be deemed to be a payment made by the tenant to his landlord in respect of his due so the tenant dose not become defaulter.
(ii) The revenue office give notice to every person whom he thinks to be landlord. the person who is entitled to receive the rent amount can get it form the court by giving application.
(iii) No suit or other proceeding shall be instituted against the government or against any servant of the state in respect of anything done by the revenue officer and nothing shall prevent any person entitle to receive the amount of any such deposit form receiving if form a person to whom it has been paid by the revenue officer.
9. Immunity of govt. or revenue officer:
No suit or other proceeding shall be instituted against govt. or against any servant of the state, in respect of any thing dose by revenue officer.
10. Conclusion:
To conclude i can say that under Punjab tenancy act a tenant can deposit rent in the office of revenue officer if he has sufficient ground or reason as mentioned in the tenancy act.