INTRODUCTION
Improvement means with reference to tenancy any work which is brought about either by the landlord or by the tenant. The rights and duties of landlord and tenant towards improvement are described in the Punjab Tenancy Act 1887.
RELEVANT PROVISIONS
Sections 61, 62, 63, 64, 65, 68 Punjab Tenancy Act 1887.
DEFINITION OF LAND
Land which is not occupied as the site of any building in a town or village and is occupied or has let for agricultural purposes or for purposes subservient to agriculture or for pasture and includes the sites of buildings and other structures on such lands.
DEFINITION OF IMPROVEMENT
Improvement 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, is either executed directly for its benefit or is after execution made directly beneficial to it.”
CONDITIONS OF IMPROVEMENT
The conditions for the improvement of land are the following:
- It should be suitable to the tenancy and consistent with the conditions on which it was held.
- There should be an increase in the value of tenancy as a result.
- It must be continuously increasing the value of tenancy every year.
PERSONS ENTITLED TO MAKE IMPROVEMENT
Following are the persons who can make improvement
- Landlord
- Tenant
- Both
IMPROVEMENT BY LANDLORD
Permission by Collector:
A landlord could not make an improvement on the tenancy of a tenant having a right of occupancy without the prior permission of the collector.
Procedure:
If a Landlord desires to make an improvement he will file an application in the collector’s office and the collector on receiving such an application shall before making an order hear the parties and any objections which are raised by the tenant.
Remuneration for Improvement:
When improvement is made by the landlord on the tenancy having the right of occupancy he may apply to the collector for the enhancement of the rent
Ineffectiveness of Improvement:
When the improvement made by the landlord ceases to exist the collector may on the application of the tenant reduce the tenant’s rent.
IMPROVEMENT BY TENANT
Entitlement of Improvement
A tenant having a right of occupancy is entitled to improvement on his tenancy.
Title of Tenant not having the right of Occupancy:
A tenant not having a night of occupancy may make improvements to a tenancy with the assent of his landlord.
Improvement made before the commencement of this Act:
Improvements made by a tenant before the commencement of this act shall be deemed to have been made in accordance with this Act, unless in the case of a tenant not having right of occupancy it is shown that the improvement was made in contravention of a written agreement between him and his landlord.
Improvement began in Anticipation of Ejectment:
A tenant ejected in the execution of a decree or in pursuance of a notice of ejectment, shall not be entitled to compensation for any improvement begun by him after the institution of the suit, or service of notice which resulted in his ejectment.
Right of Compensation:
If the tenant has made an improvement on his tenancy, his landlord’s claim for ejectment or enhancement of rent shall not be decreed against him unless he is compensated for his labor and expenses applied to the improvement.
CONCLUSION
It is concluded that under Punjab Tenancy Act 1887, the landlord and tenant can make improvements to the tenancy having the right of occupancy Improvement must be in accordance with rules and regulations under Tenancy Act. The right and duties of landlord and tenant towards improvement are described under Tenancy Act.
FAQs
Write a detailed note on the improvement of land.
(2010-A)
What do you understand by the word “improvement” as laid down in the Tenancy Act? Explain in detail.
(2008-A)
What is the law of improvement of land under the tenancy act?
