Bare ActsThe PUNJAB SECURITY OF LAND TENURES ACT, 1953

Section 417

Amendment status not verified — confirm the current text below against the official source.

Notwithstanding anything [0 the contrary CON" ants to preempt tained in any law, usage OF contract, and subject to the sale, etc of land. provisions of section 18, tenant of a landowner other than a small landowner,— (i) who has been in continuous occupation of the for a perio land comprised in his tenancy 10 he dale of the sale ol exceeding four years on (h the Jand or foreclosure of the right to redeem the land, or ‘oreclosure (hat has taken (i?) in case of a sale or | . place or shall take place within @ period of three years from the commencement of this has acquirec Act and there is no tenant W oO a right under clause (/). ~ after the L4th (a) who was ejected from tenancy é day of August, 1947, and befor mencement of this Act on |) grounds othe 1959, section 3. eee 10mitted by Punjab Act No. 32 of * Substituted b 1 of y Purjab Act Xf o! 1955. (chanics, for the words ‘State Government” by the pu igarh) (AdaPtation of Laws on Stale and Concurrent Subjes jab Reorganisation ts) October, 1968, 244 THE PUNJAB SECURITY OF LAND Act— TENURES Act, 1953 [Act~y than those mentioned in section 9, and w in continuous occupation of ihe land comprised in his tenancy for exceeding four years on the da ejectment, or a perio fe of iin (b) who has been restored to his lenancy under the provisions of this Act and whose period of continuous occupation of the land comprised in his tenancy immediate] before ejectment and immediately after restoration of his tenancy together exceed four years, . Punjab Actlof shall, in preference to the rights of other pre-emptors as = provided in the Punjab Pre-emption Act, 1913 (Act J of 1913), except the descendants of vendor’s grand-father, be entitled to pre-empt the sale or foreclosure of the land other than the land comprised in the reserved area of the landowner in the manner prescribed in that Act within one year from the date of the sale or foreclosure, as the case may be : 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 or the portion, as the case may be, to any other person unless during that period the tenant was suffering from a legal disability or physical infirmity, or, ifa woman, was a widow or was unmarried, Certain sales of [17-A. (1) Notwithstanding anything to the cont- tenancy ns not rary Contained in this Act or the Punjab Pre-emption Act, preremp’ 1913, a sale of land comprising the (enar.cy of a tenant made fo him by the landowner shall not be pre-emptible under the Punjab Pre-emption Act, 1913, and no decree of pre- emption passed after the commencement of this Act in reaper of any such sale of land shall be executed by any court ; | Provided that for the purposes of this sub-section the expression tenant includes a joint tenant {o whom whole or “INew sections 17A and 17B, inserted by Punjab Act No. 4 of 1959, section 3. , Tue Punjan Security or LAND 2 of 1953] TENURES AcT, 1953 . jart of the land comprising the joint tenancy is sold by (2) Where, after the commencement of this Act, a tenant, 10 whom the land comprising his tenancy is sold py the landowner, has been dispossessed of such land by a reemptor Im execution of a decree for pre-emption or otherwise the tenant so dispossessed shall in the prescribed manner have the option either to purchase the land from the pre-emptor on payment of the price paid to the tenant by the pre-emptor or to be restored to his tenancy under the pre-emptor on the same terms and conditions on which it was held by him immediately before the sale, on an application made by him to an Assistant Collector of the first grade having jurisdiction within a period of one year from the commencement of the Punjab Security of Land Tenures (Amendment) Ordinance, 1958. / (3) An application received under sub-section (2) shall be disposed of by the Assistant Collector of the first grade in the manner laid down in sub-section (2) of section 10. 17-B. (J) Where, after the commencement of this Certain mortgasees Act, land comprising the tenancy of a tenant is mortgaged to be deemed’ as to him with possession by the landowner and such land is the Act. Subsequently redeemed by the landowner, the tenant shall, notwithstanding such redemption or any other law for the time being in force, be deemed to be the tanant ofthe landowner in respect of such land on the same terms and conditions on which it was held by him immediately before the execution of the mortgage as if the mortgage had never been executed. b (2) Where a tenant referred to in sub-section (J) has ee dispossessed by the landowner in execution of a reste nea, Order of redemption, he shall be entitled to be San ored to his lenancy in the prescribed manner on the ae ier and conditions on which it was held by him a i; Hately before the execution ol the mortgage on an Are cation made by him to an Assistant Collector of the ftom having jurisdiction within a period of one year Tenures (qommencement of the Punjab Security of Land res (Amendment) Ordinance, 1958. - — i | ) Tur PunyaB SECURITY OF Lann fy a Tenures Act, 1953 [Act x 3) An application received under sub-sectjo shall te disposed of by the Assistant Collector of the Ne grade in the manner laid down in sub-section (2) of de tion 10.) ; . ° Rights of certain

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