Bare ActsThe East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948

Section 16

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Occupancy Tenancies: (1) The scheme prepared by the consolidation Officer, may provide for the distribution of land held under occupancy tenure between the tenants holding a right of occupancy and his landlord in such proportion as may be agreed upon between the parties. (2) When the scheme is 3[confirmed] under section 20 the land so allotted to the occupancy tenant and the landlord shall, notwithstanding any thing to the contrary contained in the Punjab Tenancy Act, 1887, or in any other law for the time being in the force, be held by each of them respectively in full right of ownership, and the right of occupancy in the land allotted to the landlord shall be deemed to be extinguished. (3 Substituted for the words "finally sanctioned” by Punjab Act no. 23 of 1962, section 2). 4[16-A Power to make Provision in the scheme to partition joints lands and join occupancy tenancies: (4New Section 16-A, inserted by Punjab Act no. 20 of 1959). (1) Notwithstanding any thing contained in chapter IX of the Punjab Land Revenue Act1887, expect section 117 thereof the scheme prepared by the Consolidation Officer may Provide for the partition of land between joints owners of land, or between joint tenants of a tenancy in which a right of occupancy subsists, in accordance with the share of each owner or tenant in the land or tenancy as the case may be, if- (a) such share is recorded under Chapter IV of that Act as belonging to him, or (b) the right of owner or tenant to such a share has been established by a decree which is still subsisting at the time of preparing the scheme , or (c) a written acknowledgement of such right has been executed by all persons interested in the admission of denial thereof. (2) When the scheme is 1[*] confirmed under section 20, the land so partitioned shall notwithstanding any thing to the contrary contained in any law for the time being in force, be held by each such owners or tenants in full right of ownership or tenancy, as the case may be and the rights of other joint owners or joint tenants, in the land shall be deemed to be extinguished. (1The word “finally’ omitted by Punjab Act No. 25 of 1962, section 3.)

Section 16 – The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 | DailyLaw.ai