Amendment status not verified — confirm the current text below against the official source.
Rights of certain tenants to purchase land. - (I) Notwithstanding anything to the contrary contained in any law. usage or contract a tenant of a landowner other than a small landowner- (i) who has been in continuous occupation of the land comprised in 1m tenancy for I [a minimum period of six years]. or (il) 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 eJ~ctment and immediately after restoration of his tenancy 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 1 Substituted by Punjab Act II of 1955 fo" the words "a period of twelve year," 2 Substituted by Punjab Aet II of 1955 for the words "exceed twelve years"_ continu?us occupation of the land compnsed 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, m the case of a tenant falling within clause (i) or r1ause (ii) at any time, and in the case of a tenant falling within clause (iii) 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 or 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 dIsability or physical infirnlity, or, if a woman, was a widow or was unmarried: Provided futiher that if the land intended to be purchased is held by another tenant who is entitled to pre-empt the sale under the next preceding section, and who is not accepted by the purchasing tenant, the tenant in actual occupation shall have the right to pre-empt the sale. (2) A tenant desirous of purchasing land under sub-section (I) shall make an application in writing to an Assistant Collector of First Grade havmg jurisdiction over the land concerned, 2[***], and the Assistant Collector, after gIving notice to the landowner and to all other persons Interested in the land and after making such inquiry as he thinks fit, shall 3[deterrnine] the value of land which shall be the average of the prices obtaining for similar land in the locality during 10 years immediately preceding the date on which the application is made. 4[(3) The purchase price shall be three-fourths of the value of the land as so determined. (4) (a) The tenant shall be competent to pay the purchase price either 111 a lump sum or in six monthly instalments not exceeding ten in the manner prescribed. (b) On the purchase price or the first instalment thereof. as the case may be. bemg deposited. the tenant shall be deemed to have become the owner of the land. and the Assistant Collector shall. where the tenant is not already In possession, and subject to the prOVIsions of the Punjab Tenancy Act (XVI or 1887) put hIm in possession thereof. Substituted by Punjab Act II of 1955 for the words "exceeding twelve years on the date of his ejectment". 2 The words 00 for determIning the value of such land", omitted by Punjab Act II of 1955 3 Substituted for the word "fix" by Punjab Act No. I J of 1955. 4 Sub-sections (3) and (4) substituted by Punjab Act No. I 1 of 1955 (c) If a default is committed in the payment of any of the instalments, the entire outstanding balance shall, on application by the person entitled to receive it, be recoverable as an"ears ofland revenue.] (5) If the land is subject to a mortgage at the time of the purchase. the land shall pass to the tenant unencumbered 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 Assistant CoJleetor 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 aforesaid, apply in the discharge of the mortgage debts so much of the purchase money as is required for that purpose and pay the balance, if any. to the landowner, or retain the purchase money pending the decision of a Civil Court as to the person or persons entitled thereto. Comments Section 18( 1)(i)--In order to claim a right of purchase as against the landowner under S. 18( 1lei), the minimum period of six years should have been complcted at the tIme when the application for purchase by the tenant is made. and it is not necessary that he should have been a tenant of the land on April 15. 1953 when the Act came into force. Provided the other conditions are satisfied, such a tenant will be entitled to purchase the land. Saheb Ram v. F.e., AIR 1971 SC 198. -.;- Section 18(1), 18(2) and 24--Under S. 18 . a tenant is only entitled to purchase land which is not included in the reserved or selected area of the landowner. Under S. 18(2) the Assistant Collector is only authorised to determine the value of the land after making such enquiries as he thinks fit. He is not expressly autnorised to go into the question whether the land sought to be purchased is included in the reserved or selected area of the landowner or not. But. obviously it must be the intention that he should go into these questions before embarking on determining the price. Surja v. Hardeva, AIR 1970 SC 1193. Section 18--A sub-tenant cannot apply under the Act to purchase the land from the landlord. Jaimal v. The Financial Commissioner, Punjab, AIR 1969 SC 392. Section 18--Civil Court--Jurisdiction of--Suit for possession in respect of land measuring a bighas and 15 biswas--Wrongly ce11ified by Astt. Collector that defendants were in possession as tenant of land measuring 19 bighas & 10 biswas whereas infact they were in possession of only 8 bighas of lando-Question of jurisdiction of Civil Cour arose--Held, once the genuiness of the document declanng the defendants in possession of such land is in dispute. civil couJ1 has the JUrISdictIon. Brij Pal v. Bhudar, 1999(4) ICC (PB. & Hry.) 477 Sectlon 18--Tnal Court decreed the suit for possesslon of the plaintiff/tenant--Appellate coul1 allowed the appeal only to the extent of possessIOn of father of defendant for 8 bighas--Said area was included in the mutation which was sanctIOned in favour of the father--Statement of Assistant Collector that defendants wcre in possession of 19 bighas & 10 biswas found to be wrong--Land occupied by the plaintiff went to the defendants during consolidation which took place dunng the pendency of the suit--After the mutation. the names of the tenants removed from thc renevue records--Held, therefore it were the defendants who were dislodged and that the land belonged to the plaintiffs and was included in mutation sanctioned in favour of father of defendant--Appeal dismissed. Brij Pal v. Bllildar, 1999(4) ICC (Pb. & Hry.) 477