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Definitions.—In this Act, unless there in something repugnant in the subject or context, — (1) "Land" means land which is not occupied as the site of any building in a town or village and is occupied or has been let for agricultural pur- poses of for purposes sub-survient to agriculture, or for pasture, and in- cludes the sites of buildings and other structures on such land. (2) "pay" with its grammatical variations and cognate expression, in- cludes, when used with reference to rent, "deliver", and "render", with their grammatical variations and cognate expre;:sions; THE PUNJAB TENANCY ACT, 1887 3 Sections:- 1 - 4 (3) "rent" means whatever is payable to a landlord in money, kind or service by a tenant on account of the use or occupation of land held by him; (4) "arrear of rent" means rent which remains unpaid from the date on which it becomes payable; (5) "tenant" means a person who holds land under another person, and is or but for a special contract would be, liable to pay rent for that land to that other person; but it does not include— (a) an inferior landowner, or (b) a mortgagee of the rights of a landowner, or (c) a person to whom a holding has been transferred, or an estate or holding has been let in farm under the Punjab Land Revenue Act, 1887 (XVII of 1887), for the recovery of an arrear of land rev- enue or of a sum recoverable as such an arrear, or (d) a person who takes from the [Government] [Subs. for the work "Crown" by the adaptation of Laws Order, 19501 a lease of unoccu- pied land for the purpose of subletting it: (6) "landlord" means a person under whom a tenant holds land and to whom the tenant is, or but for a special contract would be liable to pay rent for that land: (7) "tenant" and "landlord" include the predecessors and successor in terest of a tenant and landlord, respectively: (8) , "tenancy" means a parcel of land held by a tenant of a landlord under one lease or one set of conditions: (9) "estate" "landlord" and "holding" have the meanings, respectively, assigned to those words in the Punjab Land Revenue Act, 1887; (10) "land revenue" means land revenue assessed under any law for the time being in force or assessable under the Punjab Land Revenue Act, 1887 (XVII of 1887), and includes— (a) any rate imposed in respect of the increased value of land due to irrigation, and (b) any sum payable in respect of land, by way of quit-rent or of commutation of service, to the [Government] (Subs. for the word "Crown" by the Adaptation of Laws Order, 19501 or to a person to whom the [Government] (Subs. for the word "Crown" by the Ad- eptation of Laws Order, 19501 has assigned the right to receive the payment: 4 THE PUNJAB TENANCY ACT, 1887 Sections:- 1 - 4 (11) "rates and cesses" means rates and cesses which are primarily payable by landowners, and includes, — (a) [--] [Repealed by Repealing and Amendment Act, 1891 (XI of 1891)] (b) the local rate, if any payable under the Punjab District Boards Act, 1883 (XX of 1883), and any fee leviable under Section 33 of that Act from landowners for the use of, or benefits derived from, such works as are referred to in Section 20, clauses (i) and (j) of that Act; (c) any annual rate chargeable on owners of lands under Section 59 of the Northern India Canal and Drainage Act, 1873 (VIII of 1873) (d) the zaildari and village officer's cesses; and (e) sums payable on account of village expenses; (12) "village-cess" includes any cess, contribution or due which is cus- tomarily leviable within an estate and if neither a payment for the use of private property or for personal service, nor imposed by or under any en- actment for the time being in force: (13) "village officer" means a chief headman, headman or patwari. (14) "Revenue Officer" or "Revenue Court" in any provisions of this Act means a Revenue Ofi•:Icer or Revenue Court having authority under this Act to discharge the function of a Revenue Officer or Revenue Court as the case may be under that provisions: (15) "jagirdar" includes any person, other than a village servant, to whom the land revenue of any land has been assigned in whole or in part by the [Government] [Subs. for the word "Crown" by the Adaptation of Laws Or- der, 19501 or by an officer of the [Government] [Subs. for the word "Crown" by the Adaptation of Laws Order, 19501: (16) "legal practitioner means any legal practitioner within the meaning of the Legal PractitionerAct, 1879 (XVIII of 1879) except a mukhtar: (17) "agriculture year" means the year commencing on the sixteenth day of June, or on such other date as the [State] [Subs. for the word "Pro- vincial" by the Adaptation of Laws Order, 19501Government may by notifi- cation appoint for any local area: (18) "notification" means a notification published by authority of the [State] [Subs. for the word "Provincial" by the Adaptation of Laws Order, 19501 Government in the Official Gazette: and THE PUNJAB TENANCY ACT, 1887 5 Sections:- 1 - 4 (19) "imprisonment" means, with reference to a tenancy any work which is suitable to the tenancy and consistent with the conditions on which it is held by which the value of the tenancy has been and continues to be in- creased, and which, if not executed on the tenancy, is either executed directly for its benefit, or is, after execution made directly beneficial to it. Explanation 1. – It includes, among other things – (a) the construction of wells and other works for the storage or supply of water for agricultural purposes; (b) the construction of works for drainage and for protection against floods; (c) the 'planting of trees, the reclaiming, enclosing, levelling and terracing of land for agricultural purposes and other works of a like nature; (d) the erection of buildings required for the more convenient or profitable cultivation of a tenancy; and (e) the renewal of construction of any of the foregoing works, or such alternations therein, or additions thereto, as are not of the nature of mere repairs and as durably increase their value; But it does not include such clearances, embankments, levellings enclosures, temporary well and water channels as are made by tenants in the ordinary course of cultivation and without any special expenditure, or any other benefit accruing to land from ordinary operations of husbandry. Explanation II. –A work which benefits several tenancies may be deemed to be with respect to each of them, an improvement. Explanation Ill. –A work executed by a tenant is not improvement if it substantially diminishes the value of any other part of his landlord's property. (20) [—] [Omitted by the Indian (Adaptation of Existing Indian Laws) Or- der, 1947 Section 4(1)1 Case Law S. 4—Landlord and Tenant—Relationship of—Can come into existence as a result of agreement—Agreement may be express or implied—Implied relationship may be inferred from the conduct of the parties—Payment of rent is one of the factors; 1990(1)ALL INDIA LAND LAWS REPORTER 61. Section 4(1)—Land Revenue Assessment Rules, 1929, Rule 2(2)—Punjab Security of Land Tenures Act, 1953, Section 27(e)—Surplus area—VairMumkin' as well as Saranr Land computed towards total holding of the landowner for 6 THE PUNJAB TENANCY ACT, 1887 Sections:- 1 - 4 assessing the surplus area—The Sarani' Land if falls within the ambit of Banjar Jadid' or 'Banjar Kadim' has to be excluded from surplus area—Matter remitted to the Collector to ascertain the extent of Gair Mumkin land, Banjar Kadim and Banjar Jadid at the relevant date and recompute the permissible area and decide the case afresh. ; Wing Commander Paramprit Singh v. State of Punjab : 2009(1) ALL INDIA LAND LAWS REPORTER (P&H) 135 Sections 4(1) & 5— Grant of ownership rights in lieu of occupancy rights—Lands involved are described as Banjar Qadim— Not a land within the meaning of Section 4(1) of the 1887 Act—No occupancy rights can be claimed by the Tenants—And such occupancy rights cannot further ripen into ownership rights.; Dharam Singh (deceased) L.Rs. and others v. Bhagwan Singh and others : 2005(3) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 172 Section 4(1) & 5— Tenants rights to be declared occupancy Tenants—Where a tenancy has last forever 50 years on a nominal rent inspite of inflation in agricultural prices, and no demand for enhancement of rent was made, and there was an implied promise not to eject long and uninterrupted possession by tenants would entitle them to grant of occupancy rights as also ownership rights.; Dharam Singh (deceased) L.Rs. and others v. Bhagwan Singh and others : 2005(3) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 172 Section 4(1)—Plaintiff seeks partition of suit property as he is the Co-sharer to the extent of 'A share in property—Defendants have encroached upon his share— Defendants written statement is (i) suit not maintainable (ii) suit bad for non joinder of necessary parties (iii) plaintiff has abandoned his right, title interest and defendants have become owners of land—Trial Court dismissed the suit of plaintiffs— Lower appellate whereas upheld the contention of plaintiff further held that land described as Gair Mumkin Khad or Gair Mumkin Kalar does not come within the definition of land as provided under Section 4 of Punjab Tenancy Act, 1887, Civil Court had jurisdiction to try the suit—Once upon a time the suit bearing and is a nature of plots—For all intents and purposes, the suit land which once was agricultural stands converted into residential now—Revenue officer have no jurisdiction to effect partition of non-agricultural land—This was upheld and appeal by defendants was dismissed—Civil Procedure Code, 1908—Section 9—Punjab land Revenue Act, 1887—Section 110.; Challu etc. v. Khushi Ram : 2001(1) ALL INDIA LAND LAWS REPORTER (P&H) 381 Section 4(3) & (4)—Rent—Arrears of Rent—According to the definition, rent means whatever is payable to a landlord in money, kind or service by a tenant on account of the use or occupation of land held by him and arrears of rent means rent which remains unpaid from the date on which it became payable—Words and. Pharas.; Sardar Singh v. State of Punjab : 2000(3) ALL INDIA LAND LAWS REPORTER (P&H) 28 Section 4(5)—Status of tenant—Petitioner and Respondent are brothers who inherited land from their father and there was family settlement—Redemption of land by respondent does not confer status of a tenant on petitioner—To confer status of tenant rent should be recorded in revenue record—No entry of petitioner THE PUNJAB TENANCY ACT, 1887 7 Sections:- 1 - 4 being tenant in jamabandi—Column of rent also empty—Entry of petitioner in revenue record as a co-sharer gair maurisi does not ispo facts convey the status of a tenant.; Bhoora Ram v. Mukh Ram : 2002(1) ALL INDIA LAND LAWS REPORTER (FC, Hry) 327 Section 4(5)—Haryana Utilisation of Surplus and other Areas Scheme, 1976— Tenant permissible area—Suit for recovery of rent—Tenant denied relationship of tenant and landlord—Land having been declared surplus, was tenants permissible area, have vested in the State—No where in this record, land had been recorded as T.P.A.—Jamabandi record shows plaintiffs as owners and defendants as cultivators— Plaintiffs suit was decreed by A.C. and confirmed upto F.C.—Appeal—Tenant has to apply for T.P.A. and T.P.A. has to be specifically declared by competent authority—Land in dispute was never declared T.P.A.—Till then tenant has to continue to payment—Writ petition fails—Haryana Ceiling on Land Holdings Act,