Amendment status not verified — confirm the current text below against the official source.
Right Of Certain Tenants To Pre-Empt Sale Etc. Of Land. - Notwithstanding anything to the contrary contained in any law, usage or contract and subject to the provision of Section 18, a tenant of a landowner other than a small landowner:- who has been in continuous occupation of the land comprised in his tenancy for a period exceeding four years on the date of the sale of the ,land or foreclosure of the right of redeem the land, (ii) or.in case of a sale of foreclosure that has taken place or shall take within a period of three years from the commencement of this Act and there is no tenant who has acquired a right under clause (i); (a) who was ejected from tenancy after the 14th day of August, 1947, and before the commencement of this Act on grounds other than those mentioned in Section 9, and was in continuous occupation of • the land comprised in his tenancy for a period exceeding four years on the date of his ejectment, or (b) who has been restored to his tenancy under the provisions of this Act and whose period of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his tenancy together exceed four years, shall,• in preference to the right of other pre-emptors as provided in the Punjab, Preemption Act, 1913 (Act 1 of 1913) except the descendants of vendors grandfather, be entitled to pre-empt the sale or foreclosure of the land other that 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 salc! of 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 Sectidn-17A and 178 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 physically infirmity, or if a woman, was a widow or was unmarried. Case Law Section 17—Mixed Question of Fact and law—Trial Court and High Court affirmed the right to pre-emption claimed by tenant of vendor—Applicability of Section 17 of Pb. Security of Land Tenure Act or non-fulfilment of condition mentioned therein was not contested by appellant before courts below—Only issued raised was whether the respondent was a tenant in respect of disputed land—Mixed question of law and fact—Issue not raised before courts below— Appellant precluded from agitating the matter at SLP Stage—Punjab Pre-emption Act, 1913—Section 4;Dharam Kaur v. Mukhtiar Singh; 2001(2) Land L.R. (Supreme Court) 491 17-A. CERTAIN SALES OF TENANCY LAND NOT PRE-EMPTIBLE. - (1) Notwithstanding anything to the contrary contained in this Act or the Punjab -Preemption Act, 1913, a sale of land comprising the tenancy of a tenant made to 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 respect 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 to whom or part of the land comprising the joint tenancy is sold by landowner. (2) Where, after the commencement of this Act, a tenant, ,to whom the land comprising his tenancy is sold by the landowner has been dispossessed of such land by a pre-emptor in 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. CERTAIN MORTGAGES TO BE DEEMED TENANTS UNDER THE ACT - (1) Where after the commencement of this Act, land comprising the tenancy of a tenant is mortgaged to him with possession by the landowner and such land is 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 tenant of landowner in respect of such land on the same terms and conditions on (i) 16 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 Section---18 which it was held by him immediately before the execution of the mortgage as if the mortgage, had never been executed. (2) Where a tenant referred to in sub-section (1) has been dispossessed by the landowner in execution of a decree or order of redemption, he shall be entitled to be restored to his tenancy in the prescribed manner on the same terms and conditions on which it was held by him immediately before the execution of the mortgage 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.