INTRODUCTION
The appointment of the referee is of great importance during a dispute between landlord and tenant. Mostly in villages, the rent is paid to the Landlords by the tenants by way of sharing the produce. This kind of rent is known as Batai and Zabti rent. According to Punjab Tenancy Act its the right of both landlord and the tenant to be present at the time of the division of the produce.
RELEVANT PROVISIONS
Sections. 16 17 18 19 of the Punjab Tenancy Act, 1887.
MEANING OF RENT
The term rent means the consideration paid for the use or occupation of the property. It is the compensation or fee paid usually periodically for the use of any property, land, building, or equipment.
DEFINITION OF RENT
According to Section 4(3) of the Punjab Tenancy Act, 1887:
“Rent means whatever is payable to the landlord in money, kind or service by the tenant on account of the use or occupation of land held.”
KINDS OF RENT
Following are the kinds of rent.
- Fixed rent
- Fluctuating rent
- Barter rent
- Lump cash rent
- Cash rent
- Nakdi rent
DEFINITION OF TENANT
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 the land to that other person.
DEFINITION OF LANDLORD
Landlord means a person under whom a tenant holds land and to whom the tenant is or a special contract would be liable to pay rent for that land.
PRESUMPTION CONCERNING PRODUCE
Where rent is taken by division or appraisement of the produce, if the tenant removes any portion of the produce at such a time or in such a manner as to prevent the due division or appraisement thereof, or deals therewith in a manner contrary to established usage, the produce may be deemed to have been as the fullest crop of the same description on similar land in the neighborhood for that harvest.
APPOINTMENT OF REFEREE
If either the landlord or the tenant neglects to attend, either personally, or by agent, at the proper time for making the division or appraisement of the produce, or if there is a dispute about the division or appraisement a revenue officer may, on the application of either party, appoint such person as he thinks fit to be a referee to divide or appraise the produce
1. Application to Revenue Officer:
In case any dispute arises between the landlord and the tenant either party may give an application to the revenue officer to resolve the dispute.
2. Authority to Appoint Referee:
The revenue officer appoints a referee for the division or apportionment of the produce he can appoint any person whom he thinks fit.
3. Notice of Appointment not Necessary:
The revenue officer may appoint a referee without serving any notice to the landlord and tenant.
4. To deal with Emergency Cases:
This section has intended to deal with emergency cases where the landlord refuses to divide the produce and pushed the tenant to put him in possession of the produce.
APPOINTMENT OF ASSESSORS
1. Instructions to Referee:
When a Revenue Officer appoints a referee under section 17 he may in his discretion give him instructions concerning the association with himself or any other persons as assessors, the number, qualifications, and selection of those assessors, and the procedure to be followed in making the division or appraisement.
2. Division by the Referee:
The referee so appointed shall make the division or appraisement by any instructions which he may have received for the revenue officer under subsection 1 of section 18.
3. Notice to Landlord & Tenant:
Before making the division or appraisement, the referee shall give notice to the landlord and the tenant of the time and place at which the division or appraisement will be made but if either the landlord or the tenant fails to attend either personally or by the agent the referee may proceed ex parte.
4. Entrance upon Land:
To make the division or appraisement, the referee with his assessors, if any, may enter upon any land on which or into any building in which the produce is;
Entitlement of share after Division: When the dispute regarding the division of produce is solved, the revenue officer shall give a proper share to desiring parties as has been prescribed in the record.
Exparte Decision: If after serving the notice the landlord and the tenant fail to attend either personally or by agent, the referee may proceed exparte and that division would not be unlawful.
PROCEDURE AFTER THE DIVISION OF PRODUCE
1. Record of Result of Division:
The result of the division or appraisement shall be recorded and the record shall be submitted to the revenue officer.
2. Signature of Referee:
The result of the division or appraisal shall be signed by the referee.
2. Consideration of the Record:
The revenue officer shall consider the record.
3. Order of Revenue Officer:
After such further inquiry as the revenue officer deems necessary, shall make an order either confirming or varying the division or appraisement.
4. Order as to the costs of Reference:
The revenue officer shall also make such order as to the costs of the reference as he thinks fit.
5. Remuneration of Referee:
The costs may include the remuneration of the referee and the assessors, if any, and may be levied from the applicant before the appointment of the referee subject to adjustment at the close of the proceedings.
EFFECT OF DIVISION
After the division of the produce, the parties are entitled to exclusive possession of the share of the produce.
CONCLUSION
It is concluded that in the case of the dispute as to the division of the produce, the revenue officer shall appoint the referee and assessors under sections 17 and respectively 18 that for the making of the division, the referee may enter upon the land. The result of the division shall be recorded After the division of the produce the parties are entitled to the exclusive possession of the share of the produce.
FAQs
Discuss the procedure of division of produce between the Land Lord and tenant in case of a dispute regarding such division.
(2010-A)
When a dispute arises between a landlord and a tenant regarding the division or the appraisement of the produce what steps are to be taken by a revenue officer to determine the dispute on the application of either party?
What is the procedure for the appointment of a Referee for division or appraisal of produce in case of dispute between the landlord and tenant?
