View Full Version : Can an occupancy tenant as defined in Sec. 5 of the tenancy act 1887

09-11-2012, 06:21 AM
Q. Can an occupancy tenant as defined in Sec. 5 of the tenancy act 1887 alienate his holding in the name of any person? if so, what is its effect. (2001)
1. Introduction:
Under Punjab tenancy act a tenant having right of occupancy can alienate his holding in the name of any person. he can transfer his holding and may also withdraw form the proceeding at any time prior to the completion of the purchase by other person. the right to purchase the occupancy is of landlord.
2. Relevant provisions:
Sec. 53 Punjab tenancy act 1887.
3. Definition of occupancy tenant:
According to sec. 5:
(a) Who at the commencement of this act has for more than two generations or the male line of desent thought a grandfather or granduncle and for a period not less than twenty years been occupying land paying not rent therefore beyond the amount of the land revenue thereof and the rates casses for the time being chargeable thereon.
(b) Who having owned land and having ceased to be landowner thereof other than by forfeiture to the government or than by any voluntary act has since he ceased to be land owner continuously occupied the land or.
(c) Who in a village or estate in which he settled by the founder thereof as a cultivator there in occupied land on the twenty first days of October 1968 and has continuously occupied the since that date or.
(d) Who being jagirder of the estate or any part of the estate in which the land occupied by him is situate has continuously occupied the land for the less than twenty years or having been such jagirdar occupied the land while he was jagirdar and has continuously occupied it for not less than twenty years.
4. Modes of transfer for right of occupancy:
A occupancy tenant can transfer his right of occupancy by the following:
(i) By sale
(ii) By gift
(iii) By mortgage
5. Procedure:
(i) Notice:
If tenant intends to transfer his right of occupancy he shall cause notice of his intention to be served on his landlord through a revenue officer and shall defer proceeding with the transfer for period of one month form the date on which the notice is served.
(ii) Right of landlord:
Within that period of one month landlord may claim to purchase the right at such value as a revenue officer may on application made to him in his behalf fix.
(iii) Authority of revenue officer:
When the application to the revenue officer to fix the value of right of occupancy as it if it were not mortgaged.
(iv) Purchase by the landlord:
The landlord shall be deemed to have purchased the right if he pays value to the revenue officer within such time as that officer appoints.
(v) Extinction of right of occupancy of the tenant:
On the value being so paid the right of occupancy shall be extinct and the revenue officer shall on the application of the landlord in possession of the tenancy.
Case law:
PLD 1982 REV.58.
It was held tenant cannot be disposed except through due course of law.
(vi) In case of mortgaged land:
If the right of occupancy was already mortgaged the tenancy shall pass to the landlord unencumbered by this mortgage but the mortgage debt shall be charged on such money.
(vii) Payment to the tenant:
If there is no such charge as aforesaid the revenue officer shall subject to any directions which he has received form the court pay the purchase money to the tenant.
(viii) In case charge on land:
If there is such charge the revenue officer shall subject as aforesaid either apply in discharge of the mortgage debt so much of purchase money as is required for that purpose and pay the balance any to the tenant or retain the purchase money pending the decision of a civil court as to the person or persons entitled thereon.
(ix) Several landlords of tenancy:
Where there are several landlords of a tenancy any one of them may be deemed to be the landlord for that purpose.
5. Prohibition of suit against the government:
No suit or other proceeding shall be instituted against the government or against any officer of the government, in respect of anything done by a revenue officer but nothing shall prevent any person entitled to receive the whole or any part of the purchase money from receiving it from a person to whom it has been paid by a revenue officer.
Case law
PLD 1982 Rev. 58
It was held that a tenant cannot be dispossessed except through due course of law.
6. Conclusion:
To conclude I can say that, a tenant having right of occupancy can transfer his great of occupancy to any other person or landlord of the holding. on alienating such right of the tenant can transfer his right by sale, gift and mortgage.