INTRODUCTION
Tenancy means a parcel of land held by the tenant of a landlord under one lease or one set of conditions. The tenancy is not only created by express contract but also by Implication or by the conduct of parties.
The establishment of the right of occupancy has become an old concept. With the enforcement of the Punjab tenancy agreement Act VII of 1952, occupancy rights have become very limited. Now occupancy rights only exist in provincial government land.
RELEVANT PROVISIONS
Sections 5, 7, 8, 9, and 10 Punjab Tenancy Act 1887.
LITERAL MEANING
According to Section 4(8) of PTA 1887:
Tenancy means a parcel of land held by a tenant under one lease or one set of conditions.
TENANT HAVING OCCUPANCY RIGHTS
Hereditary Tenant:
To be hereditary tenant following conditions must be fulfilled.
- At the commencement of this Act, the tenant occupied that land, paying no rent thereof, beyond the land revenue thereof and this rate and cesses for the time being chargeable thereon.
- The period of occupation should not be less than twenty years (Two generations in the male line of descent through a grandfather or granduncle occupying the land.
Landlord:
If a tenant proves that he owned land and has the following conditions must be fulfilled in this regard
- That he was once owner of that land That he ceased to be landowner neither by forfeiture to the government nor by his own voluntary act.
- That he has continuously occupied the land since the day he ceased to be landowner thereof.
Inhabitation:
The night of occupancy can also be established by inhabitation on land. The following conditions must be fulfilled in this regard
- That the person concerned settled along with or was settled by the founder thereof, as a cultivator in the village or estate in which the land is situate
- That he held on 21 days of October 1868, in that village or estate in which settled or was settled by the founder.
- That he has continuously occupied the land since that date.
As occupation for Jagirdar
Jagirdar is also entitled to establish the right of occupancy if he proves either of the two conditions.
- That he being the Jagirdar of the estate or any part of the estate in which the land occupied by him is situated, has continuously occupied the land for not less than twenty years.
- That having been such a Jagirdar he occupied the land while he was Jagirdar and he has continuously occupied it for not less than twenty years.
RIGHT OF OCCUPANCY BEFORE THE TENANCY ACT
A tenant recorded in the record of rights sanctioned by the provincial government before the 21 days of October 1868 as a tenant having a right of occupancy in the land which he has continuously occupied from the time of the preparation of that record shall be deemed to have a right of occupancy in that land unless the contrary has been established by a decree of competent Court in a suit instituted before the passing of this act.
RIGHT OF OCCUPANCY IN LAND TAKEN IN EXCHANGE
If the tenant has voluntarily exchanged the land, or any portion of the land, merely occupied by him for other land belonging to the same landlord, the land taken in exchange shall be held to the subject to the same right of occupancy as that to which the land given in exchange would have been subject if the exchange had not taken place.
ESTABLISHMENT OF RIGHT OF OCCUPANCY
Nothing in the foregoing sections of this chapter shall preclude any person from establishing a night of occupancy on any ground other than the grounds specified in those sections.
THIS RIGHT IS NOT TO BE ACQUIRED BY MERE LAPSE OF TIME
No tenant shall acquire a right of occupancy by the mere lapse of time.
RIGHT OF OCCUPANCY NOT TO BE ACQUIRED AS JOINT OWNER
AS In the absence of a custom to the contrary, no one of several joint owners of land shall acquire the right of occupancy in land jointly owned by them.
CONCLUSION
It is concluded that the night of occupancy can be established in different ways only in provincial Government land The important condition to establish the right of occupancy is that two preceding generations in the male line of descent through grandfather or granduncle must have occupation the same on the same terms.
FAQs
Discuss in detail the law relating to the establishment of occupancy rights under the Punjab Tenancy Act, of 1887.
(2019-A, 2017-A, 2016-A)
Analyze the legal provisions relating to the extinction of occupancy tenancy as a result of the enforcement of the Punjab Tenancy (Amendment) Act, 1952.
(2019-A, 2018-A)
Discuss the law relating to the extinction of occupancy tenancies under the Punjab Tenancy Act, of 1887.
(2017-S, 2015-A)
Analyze the legal provisions relating to the extinction of Occupancy tenancies after the introduction of the Punjab Tenancy (Amendment Act), 1952.
(2016-A)
Discuss in detail various grounds for the establishment of occupancy tenancies under the Punjab Tenancy Act, of 1887.
(2015-S, 2011-A)
Analyze the legal provisions relating to the extinction of occupancy-tenancy as a result of enforcement of the Punjab Tenancy (Amendment) Act, 1952.
(2014-S)
