Amendment status not verified — confirm the current text below against the official source.
Vesting of proprietary rights in occupancy tenants and extin- guishment of. Corresponding -rights of landlords. Notwithstanding anYthing-tathe contrary contained irrany law; custom or usage for the time being in force, on and from the appointed day- (a) all rights, title and interest (including the contingent interest; if any -recognized-byany law, custom or usage fot the time bein in force antiincluding the share in the Shamilat deh with respell to the land concerned) of #ielarid held under him by an occupancy tenant: shall be extinguished, and such rights, title and interest shall be deetned to vest in the occupancy tenant free from all encumbrances; if any, created bythe 'landlord: Provided that the occupancy tenant shall have the option not to acquire the share in the Shamilat deh'by giving a notice in Writing to the Collector within six months ofthe publication' f thitAct or from the date of his obtaining occupancy rights whichever is later; (b) the landlord shall cease to have any right to collect or receive any rerit.or any share of the land revenue in respect of such land and his liability to pay land revenue in respect .Of the land shall also cease; (c) the occupancy tenant shall pay direct to the Government the land revenue accruing-due in respect of the:land; (d) the occupancy tenant shall be liable to pay, and the landlord concerned shall be entitled to receive and:be paid, such compen- sation as may be determined undet this Act. Case Law Section 3—Regular Second Appeal—Concurrent findings of fact— Both the Courts 150I-ow hold that on appointed day the plaintiffs have been found to be in possession 84 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 Section:- 4 of the suit land as occupancy tenants--No interference would be warranted. ; Deep Chand & Ors. v. Yed Ram & Ors.: 2006(1 )ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 48 Section 3—Vesting of proprietary rights in occupancy tenants and extinguished of corresponding rights of land lords—Neither the appellants nor their predecessors were recorded as occupancy tenants in the revenue records, An immediately before the commencement, of the Proprietary Rights Act—Nor did they obtain a right of occupancy in respect of the said land either by agreement with the landlord or through a court of competent jurisdiction or otherwise after-the-commencement of the Act— Effect of—Held, The appellants, therefore, do not answer the definition of 'occupancy tenant' under the Act—They cannot derive any benefit under Section 3 of the Act—Suit is based on title—Title is not made out. Appeal dismissed.; Puran & Ors. v. Gram Panchayat, Faridabad : 2006(2) ALL INDIA LAND LAWS REPORTER (Supreme Court) 319 Section 3—Punjab TenancyAct, 1887, Sections 5 and 8—Punjab Village Common Lands (Regulations) Act, 1961, Section 4, & 4(3)—Vesting of Rights in Panchayats and non proprietors—Appellants had not accorded a status similar to occupancy tenants by custom or otherwise (though not recorded as occupancy tenants in the revenue record), such as Dholidars, Bhomidars, Butimars, Basikhuophaus, Saunjidars and Mugararidars-Appellants were not mortgagees in favour of whom, the land was mortgaged with possession—The Panchayat had vested right in the land in dispute. Held, Section 4(3) will be attracted only if the following 3 conditions are satisfied :- i) the person must be cultivating land which is part of Shamlat deh of village ii) he should be cultivating such land for a period of 12 years immediately preceeding the commencement of the Act; and iii) he should be cultivating such land without payment of charges in excess of the land revenue and cess. ; Puran & Ors. v. Gram Panchayat, Faridabad : 2006(2) ALL INDIA LAND LAWS REPORTER (Supreme Court) 319