Amendment status not verified — confirm the current text below against the official source.
(7) Notwithstanding anything to the contrary fenants to PU Contained in any law, usage or contract, a tenant of 4 eee dandowner other than small landowner— (i) who has been in continuous occupation of the land comprised in his tenancy for [4 mini. mum period of six years], or (ii) who has been restored to his tenancy under the provisions of this Act and whose periods of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his ten- ancy together *[amounts to six years or more], or (iii) who was ejected from his tenancy after the 14th day of August, 1947, and before the commencement of this Act, and who was in continuous occupation of the land comprised in his tenancy for a period *[of six years or more immediately before his ejectment], shall be entitled to purchase from the landowner the land so held by him but not included in the reserved area of the landowner, in the case of a tenant falling within clause (i) or clause (ii) at any time, and in the case of a tenant falling within clause (i) within a period of one year from the date of commencement of this Act : ; Provided that no tenant referred to in this sub-section shall be entitled to exercise any such right in respect of the land or any portion thereof if he had sublet the land of the portion, as the case may be, to any other person during any period of his continuous occupation, unless during that period the tenant was suffering from a legal, dis ability or physical infirmity, or, if a woman, was a widow or was unmarried : | Provided further that if the land intended to be put chased is held by another tenant who is entitled to pre empt the sale under the next preceding section, and who } . not accepted by the purchasing tenant, the tenant in actua occupation shall have the right to pre-empt the sale. *Substituted by Punjab Act XI of 1955, for the words “‘a period of twelve years’ soubstituted by Punjab Act XI of 1955, for the words ‘‘exceed twelve years 4, Substituted by ibid, for “exceeding twelve years, on the date of his eject™ of 1953 “HE P ] THE I UNJAB SECURITY OF LAND TENURES Act, 1953 . “ (2) A tenant desi . section (1) shall aka an applidation in veiling under sub- tant Collector of First Grade nave o risdiction at land concerned, *[* *] and the Rs uction over the giving notice to the landowner and t ; nen ante interested in the land and after making sv ee ee thinks fit, shall *[determine] the alle af the lind a8 shall be the average of the prices obtainin f Cn aunt in the locality during 10 years immediatel OT en ati date 0) The the application is made y preceding ee e purchase pri ae i as SO ase Drie Sn be three-fourths offi a) The tenant shall ‘be c | purchase price either in a lump copie ix ae try instalments not exceeding ten in the manner resoribed. (b) On the purchase price or the first instalment thereof, as the case may be, being deposited, the tenant shall be deemed to_ have become the owner of the land and the Assistant Collector shall, where the tenant is not ee 7 possession, and subject to the provisions of the fhe : enancy Act (XVI of 1887) put him in possession (c) If a default is committed in the pa ment of an of the instalments, the entire ortstanding ‘balance shall on application by the person entitled to receive it, recoverable as arrears of land revenue]. (5) If the land 1s subject to a mortgage al the time of the purchase, the land shall pass to the {enant unencum- bered by the mortgage, but the mortgage debt shall be a charge on the purchase money. (6) If there is no such charge as aforesaid the Assis- tant Collector shall, subject to any directions which he may receive from any court, pay the purchase money to the landowner. (7) If there is such a charge, the Assistant Collector shall, subject as af oresaid, apply 'n the discharge of the f the purchase money as 18 mortgage debt so much © required for that purpose and pay the balance, if any, to the landowner, OF retain the purchase money pending the decision of a civil Court as to the person oF persons entitled thereto. _ _— 1The words “for Scrermining | the value of such Jand”, omitted by Punjab Act XI_ of 1955. 5 ” by Punjab Act xl of 1955. * Substituted for the word “fix 3 Sub-sections (3) and (4) substituted by Ibid. — j SECURITY OF LAND HE PUNJAB SECU ‘ “48 ' TENURES ACT, 1953 [Ace x eae