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View Full Version : What is law of improvement of land under tenancy act. (1999)



vustudents
09-11-2012, 03:40 AM
Q. Write a detailed note on improvement of land. (2003)
1. Introduction:
Improvement is any which is brought about either or landlord or by tenant. the respective rights and duties of landlord and tenant towards improvement are laid down in the tenancy act.
2. Relevant provisions:
Sections 61, 62, 63, 64, 65, 68, Punjab tenant act.
3. Definition of land:
Land which is not occupied as the site of any building in a town or village and is occupied or has let for agricultural purposes or for purposes subservient to agriculture or for pasture and includes the sites of buildings and other structure on such lands.
4. Meaning of improvement:
Improvement means valuable addition made to property.
5. Definition of improvement:
"Improvement means, with reference to a tenancy, any work which is suitable to the tenancy and consistence with the conditions on which it is held, by which the value of tenancy, is either executed directly for its benefit, or is after execution made directly beneficial to it."
6. Conditions of improvement:
The improvement must be.
(i) Consistent with the conditions of the tenancy.
(ii) Results the increase in value of tenancy.
(iii) It must be continuously increasing the value of occupancy on every year.
7. Instances of improvement:
Following are instances of improvement.
(a) Construction of wells on occupancy.
(b) Works for storage or supply of water.
(c) Construction of drainage.
(d) Works for protection against floods.
(e) Plantation of tree, the reclaiming, enclosing, levelling and terracing of land for agricultural purposes.
(f) Erection of buildings required for the more convenient or profitable cultivation of a tenancy.
(g) The renewal or reconstruction of any of the forgoining works or such alteration there in or addition there to as are not of nature of mere repairs and as durably increase their value.
(i) Exception:
All work of clearness, embankment, levelling, enclosures, temporary wells and water channels made in ordinary course of cultivation do not include in improvement.
8. Persons entitled to make improvement:
Under tenancy act following are the persons who can make improvement.
(i) Landlord.
(ii) Tenant.
9. Improvement by landlord:
(i) Permission by collector:
A landlord cannot make improvement tenancy held by the tenant without the prior permission of the collector.
(ii) Procedure:
Landlord will file application in revenue office and the the revenue officer on receiving such application shall hear the parties and any objection which are raised by the tenant. after hearing the parties, order will be made.
(iii) Remuneration for improvement:
When improvement is made by the landlord on the tenancy having the right of occupancy he can claim the enhancement of the rent.
(iv) Ineffectiveness of improvement:
When the improvement by landlord ceases exist the tenant is entitled to file application for reduction in the rent.
10. Improvement by tenant:
(i) Entitlement of improvement:
A tenant having right of occupancy can make improvement without the consent of the landlord. no prior permission by collector in necessary.
(ii) A tenant not having the right of occupancy:
A tenant at will or tenant not having the right of occupancy can improve the land but with the assent of his landlord which may be express or implied.
(iii) Right of compensation:
If tenant has made improvement on his tenancy, his landlord's claim for ejectment or enhancement of rent shall not be decreed against him unless he is compensated for his labour and expenses applied in the improvement.
(iv) Improvement made before commencement of this act:
Improvements made by a tenant before the commencement of this act shall be deemed to have been made in accordance with this act, unless in the case of a tenant not having right of occupancy it is shown that the improvement was made in contravention of a written agreement between him and his landlord.
(v) Improvement begun in anticipation of ejectment:
A tenant ejected in execution of a decree or in pursuance of a notice of ejectment, shall not be entitled to compensation for any improvement begun by him after the institution of suit, or service of notice, which resulted in his ejectment.
11. Conclusion:
To conclude I can say that under Punjab tenancy act, landlord and tenant can make improvement on the tenancy. improvement must be in accordance with rules and regulations under tenancy act. if it is not so no claim for compensation may be entertained.