Amendment status not verified — confirm the current text below against the official source.
RIGHTS OF CERTAIN TENANTS TO PURCHASE LAND. - (1) 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 his tenancy for a minimum period of six years, or (ii) who has been restored to his tenancy under the provisions of this Act and whose period of continuous 'occupation of the land comprised rin his tenancy immediately before ejectment 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 continuous occupation of the land comprised in his tenancy for a period of six years. or more immediately before his ejectment, shall be entitled to purchase from the landowner the landowner the land so held by him but not included in the reserved area of the landowner, in the-case of a tenant falling within clause (i) or clause (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 tnis 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 the period the tenant was suffering from a legal disability or physical infirmity, or, if a woman, was a widow or was unmarried: Provided further 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 (1) shall make an. application in writing to an Assistant Collector of first Grade having jurisdiction over the land concerned, and the Assistant Collector, after giving notice to the landowner and to all other persons interested in the land and after making such THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 17 Section-18 inquiry as he thinks fit, shall determine the value of land which shall be the average of the price obtaining for similar land in the locality during 10 yeas immediately preceding the date of the which the application is made. (3) The purchase price shall be three-fourths of the value of land as so determined. (4) (a) The tenant shall be competent to pay the purchase price either in 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, being 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 thereof. (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 arrears of land 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 Collector 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 debt so much of the purchase money as is required for that purchase and pay the balance, if any, to the landowner, or retain the purchase money pending the -lecision of a Civil Court as the person or persons entitled thereto. Case Law Section 18—Haryana Utilisation of Surplus and other Areas Scheme, 1976— Clause 4—Constitution of India, Articles 14 and 226—Surplus Area—Tenants rights to allotment—Long possession— Civil Court has no jurisdiction to negate the right of the tenant once it is adjudicated upon and upheld by prescribed Competent Authority under the Act, unless orders are contrary to the provisions of the Act—Any order/judgment or decree that may adversely affect the vested rights of a party cannot bind it unless they have been heard in the matter;Mohan L. Singh v. Jai Narain Singh : 2002(3) Land L.R. (Pb.& Hry.) (DB) 156 Section 18—Land purchased by tenant—Surplus land—Land purchased subsequent to the order of declaring surplus land— Purchase of land is illegal as no area was declared surplus on that date— Held, That by moving such an application for purchase of land under Section 18 of the Act has played a fraud on the Court— Hence,the order was nullity.; Bhula and Others v. Hazara Singh and Others : 2005(3) Land L.R. (Pb. & Hry.) 218 Sections 18 and 9—Surplus land—Purchased before final declaration of surplus area—Claim of ownership not maintainable as no title is conferred—Ejectment of settled tenants, on application of such purchasers not maintainable—Earlier THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 19 18 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 Section---19B and 19C Section---19 and 19A 19-B. FUTURE ACQUISITION OF LAND BY INHERITANCE, IN EXCESS OF order dismissing such application cannot operate as resjudicata, on conferment , PERMISSIBLE AREA. - (1) Subject to the provisions of Section 10-A, if after the of title on such purchaser.: Bant Singh & ors. v. Financial Commissioner commencement of this Act, any person, whether as landowner or tenant, acquires by inheritance or by bequest or gift from a person to whom he is an heir Punjab & ors.: 2003(2) Land L.R. (Pb. & Hry) 617 ._. __ . i any land, or f after the commencement of this Act and before the 3oth July, 1958, Section 18(4)—Punjab Land Reforms Act, 1972—Section 15— Application for any. person has acquired by transfer, exchange, lease, agreement or settlement purchase of surplus land has been said to be barred by limitation—In the 1953 7 -.; - Act, period for filing application has nowhere been provided under section 15 of any land; or if, after such commencement, any person acquires in any other any land, which, with or without the lands already owned or held by him, the_ 1972,--limitation_forexercise_ofzight_to..purchase_is specified as one year from „.manner exceedt In the aggregate the permissible area then he shall, within the period the Act comes in force—Right to purchase crystalised on the date of application ± and not the date when payment is made— Tenants became owners much before prescribed, furnish to the Collector, a return in the prescribed form and manner If 7, giving. the particulars of all lands and selecting the land not exceeding in the the land vested In State—No merit in plea of limitation.; Gurbax Singh and ;,, others v. Punjab State through Financial Commissioner, Punjab and others :: aggregate the permissible area which he desires to retain, and if the land of such 2005(3) Land L.R. (Pb. & Hry.) 361 j j person is situated in. more than one patwar circle, he shall also furnish a ideclaration required by Section 5-A. Section 18(4)—Punjab Security of Land Tenures Rules 1956—Rules 20-C and (2) If he fails to furnish the return and select his land within the prescribed period, 23(3)—Tenant made an application for purchase of land— Thereafter paid pricq then' the Collector may in respect of him obtain the information required to be of it—Original owner submits since land stood acquired by the State during thej period between the application and date of payment, the application stood shown in the return through such agency as he may deem fit and select the land in the manner specified in sub-section (2) of Section 5-B. abated— No rights passed to the tenant—In terms of Section 18(4) of the Act for hini and Rule 20(C) of the Rules; even one Instalment is paid the right of .possession;; (3) If. such person falls to furnish the declaration, the provisions of Section 5-C dates back to the date of application— Application has not abated; Gurba4 shall apply. Singh and others v. Punjab State through Financial Commissioner, Punjab (4) The excess land of such person shall be at the disposal of the State , and others :2005(3) Land L.R. (Pb. & H , ry.) 361 f Government for utilisation as surplus area under clause (a) of Section 10-A or for Sections 18(6)—Revision—Delay—Revisional authority should ignore the delay such'other purposes as the State Government may by notification direct. • in challenge to fraudulent orders which are nullity—Fraud cannot be allowed tai • Case Law stand.; Amar Singh v. State of Haryana :2002(3) Land L.R (Pb.& Hry.) 487 ?.J Sections 0 19-B, 19-C and 19-D—Haryana Ceiling on Land Holding Act, 1972— 4 Section 12(3)— Petitioner's plea Is for exemption of their land from pool of