Untitled 2

partition of land
Any joint owner of land or joint owner of tenancy can make application for partition of holding. the application for the partition of land is filed before the land revenue officer. a person who has no share in land cannot file suit of partition of the land.
2. Relevant provision:
Sec. 135 to 150 land revenue act 1967.
3. Application for partition of land:
According to Sec. 135 any joint owner of land may apply to a revenue officer for partition of his share in the land.
(i) Conditions for filing application:
(a) At the date of application the share is recorded under Chapter VI as belonging to him or.
(b) His right to the share has been established by a decree which is still subsisting as that date or.
(c) A written acknowledgement of that right has been executed by all persons interested in the admission or denial thereof.
(ii) Position of mortgagee:
AIR 1938 LAH. 615

It was held a mortgagee cannot enforce partition in any manner because he is not the owner.
(iii) Position of a widow:
PLD 1975 WP LAH. 447

It was held a widow holding land for her life in lieu of maintenance is a “land owner” and therefore, an “owner of land” she is therefore entitled to apply for the partition of land.
4. Restriction and limitation on partition:
Following are restriction and limitations on partition.
(i) Worship places and grave yard held in common before partition shall continue to be so held after partition.
(ii) Any embankment, water course, well or tank and any land n which the supply of water depends.
(iii) Any grazing field.
(iv) Any land which is occupied as the site of a town or village may be refused for partition if in the opinion of the land revenue officer it shall cause hardships to the co- sharers on other persons directly or indirectly.
5. Procedure of partition by the revenue officer:
The revenue officer shall adopt the following procedure.
(i) Notice of application:
Revenue officer shall send notice to the relevant parties and fixed time for hearing.
(ii) Addition of party:
If any party desire to become party he can apply and revenue officer shall add him as an applicant for partition.
(iii) Disallowance of partition:
If revenue office deems fit that there are sufficient grounds for disallowance of partition, he may reject the application for partition.
(iv) Procedure on admission of application:
If application is admitted, the revenue officer shall desecration the questions if any in dispute between any of the person interested distinguishing between.
(a) Question as to the title in property of which partition is sought.
(b) Question as to the property to be divided for the mode of making the partition.


(v) Disposal of other questions:
If there are other question regarding the partition of land the revenue officer shall dispose such questions.
(vi) Completion of partition proceeding:
When all disputes are settled by the revenue office he shall cause an instrument of partition to be prepared and the date on which the partition is to take effect to be recorded therein.
(vii) Delivery of possession of property:
An owner to whom any land is allotted in proceedings for partition shall be entitled to possession thereof as against the other parties.
(a) Limitation:
A person to whom a share is allotted in partition can make application can make application for the delivery of possession within three years from the date on which the partition is to take effect.
6. Affirmation of partition privately affected:
For the affirmation of privately affected without the intervention of revenue officer, any party to the partition can apply to the revenue court praying for an order to affirm the partition.
7. Conclusion:
To conclude I can say that revenue officer can entertain application of partition of land by joint owner. his power to decide questions of title is of discretionary nature. under land revenue act there are some limitation and restriction which have been imposed on partition.

Record of right
The record of right is maintained in every estate. it provide various information about a particular land. the assessment of land revenue payable, disputes regarding land are determined in the light of record of rights. land revenue presumption of truth attached to the entries in the record of rights.
2. Relevant provisions:
Sections 39, 40 land revenue act 1967.
3. Power of board of revenue:
Where is appears to the board of revenue that record of rights for an estate does not exist, or the existing record of rights for an estate requires special revision, the board of revenue may by notification, direct that a record of rights be made or the record of rights be revised as the case may be.
(i) Effect:
A record of rights made or specially revised for an estate shall be deemed to be the record of rights for that estate, but shall not affect any presumption in favour, of the Govt, which has arisen already from any previous record of rights.
4. Object of record of rights:
The primary object of record of rights is the collection of land revenue from the person who are liable to pay such amount under the land revenue act.
5. Documents included in record of rights:
(i) Register of the names of land owner and tenant:

The record of rights consist of a register containing information as who are the tenants and who are landowner in a estate. it also specified particulars of the rents as profit.
(ii) Jama Bandi:
Jamabandi or register of Haqdarazaminb is an up to date edition of record of right, it is an authentic record of the owners of land within an estate.
(iii) Register regarding liabilities of land owner and tenant and other revenue matters:
A register containing there in information with regard to the liabilities of the land owners and tenant respectively. it also contain information in regard to the quantum of the land revenue rate cesses, and other payments due from the land owners.
(iv) Map of the estate:
Map of the estate is also included in record of rights. it describes the location and measurement of the field.
(v) Statement of customs:
A statement is prepared in which the customs regarding rights and liabilities of the landowner and tenant are mentioned.
(vi) Statement of rights in wells:
In the areas where irrigation is done through wells a statement is prepared in which it is specified the respective rights and obligation of the landowners who can irrigate their land from wells.
(vii) Statement of rights in irrigation:
A statement is prepared in which it is specified that respective rights of the landowners from other source of irrigation.
(viii) Wajib- ul- Arz:
Wajib- ul- Arz is a statement in which customs and administrative position of a village is described.
(ix) Shajira nasab:
It is a statement in which genealogical history of persons belonging to the land is described in detail.
6. Conclusion:
To conclude I can say that record of right is collection of various revenue papers regarding an estate. it is maintained in every village and contains information about revenue matters rent payable, cessess, names of landowner and tenant, their obligation and right etc.

Recovery of arrears of land revenue
If a landowner fails to pay land revenue assessed or imposed on his holding government may adopt various methods for recovery of the land revenue. the payment of land revenue is the first charge on the land and the collecting agencies can collect the revenue from person occupying the land without regard to his title.
2. Relevant provisions:
Sec. 80 land revenue act 1967.
3. Processes available under land revenue act for the recovery of arrears:
Following are different processes available under land revenue act for the recovery of arrears of the land revenue.
I. By notice of demand:
A notice of demand may be issued by the revenue officer on or after the day following on which an arrear of land revenue occurs.
II. By arrest and detention of defaulter:
If land revenue remains unpaid after the laps of 30 days of further notice, the revenue officer may issue a warrant for the arrest of defaulter by a police officer. the revenue officer may produce the defaulter before the collector or he may be kept by him not more than 10 days.
(i) Exceptions:
Following are exempted from the arrest.
(i) Female.(ii) Lunatic. (iii) Minor.
(ii) Non execution of warrant:
The warrant shall not be executed in the following cases.
(i) If arrears are paid by the defaulter.
(ii) Any security is furnished for the payment of arrears by the defaulter.
III. Distress and sale of moveable property and crops:
At any time after an arrear of land revenue has accrued, the moveable property, and uncut or ungathered crops of the defaulter, may be detained and sold by order of a revenue officer.
(a) Discretion of collector:
The collector may exempt any quantity seed grain, any cattle and subsistence for the family of the defaulter.
IV. By transfer of holding:
At any time after an arrear of land revenue has accrued on a holding to any person being a landowner of the estate in which such holding situated and not being a defaulter in respect of his own holding, on condition of his paying the arrear before being put in possession of the holding and on such further conditions as the collector may deem fit to impose.
(a) Duration of transfer:
The transfer may be either till the end of agricultural year or for a term not exceeding fifteen years.arrears of the land revenue is not recoverable by any of the processes here in before.
V. By attachment of holding:
The collector may cause such holding to be attached and taken under his own management or that an agent appointed by him for that purpose. this attachment will not exceed in any case from 5 years shall be released are discharged sooner, the land shall be released and the surplus profit, if any, by handed over to the land owner.
VI. By annulment of assessment of holding:
If the aformentioned processes are insufficient and the revenue is due for more than one year the board of revenue may annul the existing assessment of the holding.



VII. By sale of holding:
If the land revenue is accrued and forgoing processes are insufficient for the recovery thereof, the collector with the prior permission of the board of revenue, may sell the land in respect of which arrears are due.
VIII. By proceeding against immovable property of the defaulter:
If the arrears of the land revenue is not before mentioned, the collector may attach any other immovable property of the defaulter.
4. Place of making deposit:
Arrears of land revenue have to be deposited at the same Tehsil headquarter in whose jurisdiction the estate is situated and where the tehsil treasury has been incorporated with the district treasury, than any such deposit can be made into the district treasury.
5. Land revenue from whom recoverable:
PLD 1972 Rev. 43
Land revenue is charge on the land and the collecting agencies can collect the same from a person occupying the land without regard to his title to the land.
6. Conclusion:
To conclude I can say that, the land revenue act provides for the processes for recovery of arrears of land revenue. all the land owners are liable for the payment of land revenue of their holding under land revenue act no one can escape his liability for the payment of arrears of land revenue.



Revenue officers
Under land revenue act 1967 there are various classes of revenue officers. the act describes appointment power duties and functions of revenue officers. administrative control in revenue matters all over a province is exercised by the board of revenue. even revenue officer is subject to control and supervision of the officer to whom he is subordinate.
2. Definition of revenue officer.
According to sec. 4 (23) of the revenue act:
“Revenue officers means a revenue officer having authority under this act discharge the functions of a revenue officer.”
3. Classes of revenue officers”
Following are various classes of revenue under land revenue act 1967.
(i) Board of revenue
(ii) Executive district officer
(iii) Collector
(iv) Assistant collector of 1st grade
(v) Assistant collector of second grade
I. Board of revenue:
The board of revenue is the highest authority revenue matters.
(i) Definition:
“Board of revenue means the board of revenue established under the west Pakistan board of revenue act 1957.”
(ii) Duties:
(i) The board of revenue exercise general superintendence and control over all revenue officers.
(ii) The board of revenue appoints revenue officers.
(iii) The board of revenue transfers revenue officers.
(iv) The board of revenue is the highest court of appeal and revision.
(v) The board of revenue distribute business and withdrawal and transfer cases.
II. Executive district officer:
The province is divided into division. the E.D.O is an incharge of a division and all officers are subject to its control.
(i) Appointment”
The E.D.O shall be appointed under the land revenue act for each division.
(ii) Duties”
(i) The E.D.O can distribute any business to any officers under its control.
(ii) The E.D.O can transfer any case pending before any subordinate officer to any other officer subordinate to him.
(iii) The executive district officer may withdraw any case pending before any subordinate and shall either to dispose of it himself or to transfer to any other offices subordinate to him to be disposed of.
(iv) The executive district officer may refer any case which he is empowered to dispose of under this act any other revenue subordinate of investigation and report and may decide the case upon such report after giving the parties concerned an opportunity of being heard.
(v) Executive district officer can summon any person whose attendance he considers necessary for the purpose of any business before him as revenue officers.
III. Collector:
The executive district officer is a revenue head of a division. while collector is the head of a district. he is district officer revenue in a district. the collector is the most reasonable position holder of a district and perform multi-task duties.



(i) Appointment:
The collector shall be appointed under land revenue act 1967 in a district.
(ii) Duties:
(i) The collector may transfer any case pending before any subordinate officer to any other officer to his choice.
(ii) The collector may withdraw any case pending before his assistant controllers or any other subordinate officer shall either to dispose of it himself or transfer the case to any other assistant collector or any other subordinate officer disposal.
(iii) The collector may refer any case which he is empowered to dispose of himself under this act to any other revenue officer subordinate to him for investigation an report and may decide the case on such report after giving the parties concerned an opportunity being heard.
(iv) The collector may summon any person whose attendance he considers necessary for the purpose of any business before him as revenue officer.
IV. Assistant collector of its grade:
The assistant collector 1st grade is appointed as revenue officer as head of a sub- division.
(i) Duties:
Assistant collector 1st grade performs his duties as per directions of provincial govt.
V. Assistant collector of second grade:
Tehsildar and Naib- Tehsildar are normally assistant collectors of the second grade.
(i) Duties:
Assistant collector second grade perform his duties as per directions of provincial government.
4. All appointments to be made by notification:
The appointment of all revenue officers shall be made by notification.
5. Combination of offices:
It shall be lawful for govt, to appoint one and the same persons being otherwise competent according to law, to any two or more of the revenue officers.
6. Scope:
Revenue officers has power to take the cognizance of the following offences.
(i) Intentionally giving or fabricating false evidence at any stage of judicial proceeding.
(ii) Making of malicious or corrupt reports or pronouncement at any stage of a judicial proceeding by a public servant.
(iii) Intentional insult or interruption to public servant setting in judicial proceedings.
7. Conclusion:
To conclude I can say that all functions of whatever class of revenue officer are determined under the Land revenue act 1967. the board revenue is the chief authority for revenue matters in the province. it is competent to determine the rules of appointment and duties of various officers.



Pre- emption  right  arise  right available
Pre- emption is purchase by one person before an opportunity is offered to others. this right arises only on a complete sale. the rights of pre- emption does not arise out of gift, sadagaha, waqf, inheritance bequest or a lease.
2. Definition:
According to Section 293) Punjab pre- emption act “right of pre- emption means a right to acquire by purchase an immoveable property in preference to other persons by reason of such right.”
3. When does right of per- emption arises of accrue:
Right of pre- emption arises only of a sale which is.
(i) Valid. (ii) Complete. (iii) Bonafide.
4. Objectives of pre- emption:
(i) Protection of the privacy of a specified area.
(ii) Discourage the stranger to enter in a special area.
(iii) Maintenance of sanctity.
(iv) Preservation of prevailing values and atmosphere.
PLD 1979 LHR 299
It was held the policy of the pre- emption was to keep out strangers and thus maintain the exclusiveness of the estate.”
5. Who is pre- emption:
The person who has right of pre- emption is called pre- emptor. he is also called Shafi.
6. Qualification for acquiring right tf pre- emption:
Following may acquire the right of pre- emption.
(i) Male or female (ii) Minor (iii) Major (iv) Owner of an immovable property.
7. Persons entitled to claim pre- emption:
According to Section 6 of the pre- emption act the following are the persons who are entitled to claim the right of pre- emption.
(i) Shafi Sharik.
(ii) Shafi Khalit
(iii) Shafi Jar.
8. When does right of pre- emption arise:
The right of pre- emption accrues on sale an immovable property.
(i) Definition of sale:
Sale means permanent transfer of the ownership of an immovable property in exchange for valuable consideration and includes transfer of an immovable property by ways of Hiba-Bil-Iwaz or hiba ba Shart-ul-Iaz.
(a) Exceptions:
(i) Transfer of an immovable property through inheritance or will or gift, other than hiba-bil-iwaz or hiba Shart-ul-Iaz.
(ii) A sale in exception of a decree for money or if any order of a civil, criminal, revenue, or any other court or a revenue officer or any local authority.
(iii) Exchange of the agricultural land.
(iv) Transfer of an immovable property for a consideration other than valuable consideration, such as the transfer of an immovable property by way of dower or composition in a murder or hurt cases.
9. On what kinds of property the right of pre- emption can be claimed:
Under the Punjab pre- emption act following are three kinds of property on which the right of pre- emption can be claimed.
(i) Agricultural land. (ii) Village immoveable property. (iii) Urban immovable property.
10. Conclusion:
To conclude I can say that the right of pre- wmption is a preferential right of a person already present in the locality. the person who has such right is called Shafi. it can be acquire in connection with agricultural land, or village or urban immovable property. the right of pre- emption arises only in case of complete sale.Persons Entitled To Claim Pre- Emption


1. Pre-emption exempted

Pre- emption is purchase by one person before an opportunity is offered to others. this right arises only on a complete sale. the rights of pre- emption does not arise out of gift, sadagaha, waqf, inheritance bequest or a lease.
2. Relevant provisions:
Sec. 23 Punjab pre- emption act.
3. Definition:
According to Sec. 2 (3) Punjab pre- emption act “right of pre- emption means a right to acquire by purchase an immoveable property in preference to other persons by reason of such right.”
4. On what kinds of property the right of pre- emption can be claimed:
Under the Punjab pre- emption act following are three kinds of property on which the right of pre- emption can be claimed.
(i) Agricultural land.
(ii) Village immoveable property.
(iii) Urban immovable property.
5. Property exempted from right of pre- emption:
According to Sec. 23 no right pre- emption shall exist in respect of sale of.
1. (a) A waqf property or property used for charitable religious or public purpose and.
(b) Property owned by the federal or a provincial government, or a local authority and.
2. (a) Property acquired by the federal or a provincial government or a local authority in pursuance of any law shall not be pre- empitable.
(b) Waqf property used for chartable, religious or public purpose.
6. Conclusion:
To conclude I can say that under Punjab- pre- emption act there are some sale of properties which are exempted from the right of pre- emption.

Essentials requirements to demand a right of Pre- emption

Under Punjab pre- emption act right of pre- emption can be acquired by demand from person who has right of pre- emption. if there is no demend by the person having this right of pre- emption is lost.
2. Relevant provisions:
Sec. 13 Punjab pre- emption act.
3. Demand of pre- emption:
Thare are certain requirement or conditins which are to be performed by the pre- emption to enable him to claim the right of pre- emption. no person is entitled to claim unless such person makes demands of pre- emption.
4. Essentials requirement to demand a right of pre- emption:
Sec. 13 clearly says that right of pre- emption is extinguished if no demand is made namely.
(i) Talab-i-Muwathbat.
(ii) Talab-i-Ishhad.
(iii) Talab-i-Khusumat.
I. Talab-I-Muwathbat:
Talab-i-Muwathbat means immediate demand by a pre- emptior, in sitting or meeting (Majlis) in which he has come to know of the sale, declaring his intention to exercise a right of pre- emption.
(a) Number of witnesses:
There must be two withnesses for Talab-i-Muwathbat.
(b) Conditions:
(i) Talab-i-Muwathbat must be made on the completion of sale.
(ii) Talb-i-Muwatbat must be made on knowing of sale.
(iii) It should be made in the meeting in which slae is known.
II. Talab-I-Ishad:
Talab-i-Ishad means demand by establishing evidence. it is second demand.
1993 CLC 105
It was held that pre- emptor after amking Talb-i- Muwathbat is obliged in perform second demand known as Talib-i- Ishad, as soon therefore as possible.
(i) Procedure:
It should be made within 14 days of Talb-i-Muwathbat.it may be made to purchaser by giving a notice.
(a) Form of notice:
Notice must be in writing or oral.
III. Talab-I-Khusumat:
Talab-i-Khusumat means demand by filing a suit. it is third demand which consists of the institution of the suit of pre- emption.
(i) Conditions:
(i) Suit must be filed in the competent court.
(ii) It should be made within 120 days of Talb-i-Muwthibat.
5. Persons who can make demand:
Following are the persons who can make demand.
(i) Pre- emptor or.
(ii) His agent or.
(iii)His guardian.
6. Conclusion:
To conclude I can say that tight of pre- emption is a personal right, it can been acquired only if requirement of Sec. 13 are fulfilled. this right can also be lost if no demand in made by the pre- emptior. the right of pre- emption is recognized in favour of person having interest connected with the property subject to sale. it is a week type of right.



Classes of person who are entitled to claim pre- emption
The rights of pre- emption is a right which the owner of an immoveable property possesses to acquire by purchase another immoveable property which has been sold to another under the Punjab pre- emption act every person has not right of pre- mption. it is available to only those person who are mentioned in this act.
2. Relevant provisions:
Section 6 Punjab Pre- emption act.
3. Persons entitled to claim pre- emption;
Following are three classes of person who are entitled to claim pre- emption.
(i) Shafi Sharik.
(ii) Shafi Khalit.
(iii) Shafi Jar.
I. Shafi Sharik:
Shafi Sharik means a person who is a co- owner in the corpus of the undivided moveable property shafi sharik is pre- emptor by way right of coparcenary.
II. Shafi Khalit:
Shafi Khalit means a participator in a special rights attached to immoveable property sold such as right of passage, right of passage of water or right of irrigation.
(a) Conditions:
Shafi Khalit can claim the right of pre- emption on the fulfillment of the following conditions.
(i) There should be no Shafi Sharik.
(ii) If Shafi Sharik has waived his right.
III. Shafi jar:
Shafi Jar means a person who has a right of pre- emption because of owing an immoveable property adjacent t the immoveable property.
When Shafi Jar can claim right of pre- emption:
Shafi Jar can claim right of pre- emption in the following circumstances.
(i) Where there are no Shafi Sharik Ahafi Khalit.
(ii) If they are present, they waived their right.
4. Demand of pre- Emption:
There are certain requirement or conditions which are to be performed by the pre- emptor to enable him to claim the right of pre- emption. no person is entitled to claim unless such person makes demands of pre- emption.
5. Death of pre- emptor:
In case of death of pre- emptor after he had made any of the demands, right of pre- emption would stand transferred to his heir.
6. Conclusion:
To conclude I can say that under Punjab pre- emption act, Shafi, Shari, Shafi Khalit and Shafi Jar can claim the right of pre- emption. all these three persons are different kinds of pre- emptor.


Tenant ejected
A tenant having right of occupancy can be ejected on different ground under the Punjab tenancy act. the procedure of ejectment is described in the Punjab tenancy act. a tenant who has been illegally disposed or rjrcted without following the procedure can seek his rremedy in the court of law.
2. Relevant provisions:
Sections 39, 40, 41, 42, 47 Punjab tenancy act.
3. Meaning of ejectment:
Ejectment is a legal action brought by one claiming a right to possess real property against another who is passing the same adversely.
4. Definition of tenant:
Tenant means a person who holds land under another person, and is or but for a special contract could be liable to pay rent for taht land to that other person and includes the predecessors and successors in interest of such person but does not include.
(i) A mortgagee of rights of a landowner or.
(ii) A person to whom a holding has been transferred or an estate the provisions of this act for the recovery of an arrears of land revenue or of a sum recoverable as such an arrear or.
(iii) A person whom takes from government a lessee of an unoccupied land for the purposes of sub- letting it.
(i) Meaning of tenancy:
Tenancy means a parcel of land held by a tenant under one lease or set of conditions.
5. Grounds for ejectment of tenant:
I. Grounds for ejectment of occupancy tenant:

A tenant having right of occupancy shall be liable to be ejected from his tenancy on any of the following grounds.
(a) That he has used the land comprised in the tenancy in a manner which renders it unfit for the purpose for which he held it.
(b)Where rent is payable in kind, that he has without sufficient cause failed to cultivate that in the manner or to the extent customary in the locality in which the land is situate.
(c) When a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied.
II. Ground of ejectment of tenant for a fixed term:
A tenant not having the right of occupancy but holding for a fixed term under a contract or a decree or order of the competent authority shall be liable to be ejected form his tenancy at the expiration of that torm and any of the following before the expiration thereof namely:
(a) That he has used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he held it.
(b) When rent is payable in kind that he has without sufficient cause failed to cultivate that land in the manner or to the extent customary in the locality in which the land situate.
(c) On any ground which would justify ejectment under the contract decree or order.
III. Grounds for ejectment of tenant form year to year:
A tenant who has not a right of occupancy and dose not hold for a fixed term under a contract or a decree or order of the competent authority may be ejected at the end of any agricultural year.


6. Limitation of ejectment:
(i) A tenant shall not ejected otherwise than in execution of a decree for ejectment except in the following cases namely:
(a) When a decree for an arrear of rent in respect of his tenancy has been passed against him and remain unsatisfied.
(b) When the tenant has not a right of occupancy and does not hold for a fixed term under a contract or a decree or order of the competent authority.
(ii) A decree or order for ejectment of tenant shall not be executed only during particular season of the year which in between 1th May and 15th of June under the order is made u/s 44.
7. Rights of ejected tenants:
Ejected tenancy has right of reasonable tome for harvest. where at time proposed ejecement of tenant form any his uncut or ungathered crops are standing on any part thereof he shall not be ejecte form that part until the crops have been ripened and he been allowed a reasonable time to harvest them. ejected tenant has also right in land for crowing.
8. Conclusion:
To conclude i can say that the procedure for ejectment under the Punjab tenancy act is followed by the landlord to eject tenant form occupancy.

1. Fair Rent
Rent is an agreed sum of money or other thing payable by the tenant for the use of occupation of some property or land to the landlord.
2. Relevant provisions:
Sec. 13 tenancy act 1887.
3. Definition of rent:
According to tenancy act 1887.
“Whatever payable to the landlord by tenant on account of occupying the land in term of money or other services(1) The Controller shall, on application by the tenant or landlord of a building, fix the fair rent of such building after holding such inquiry as he may think fit.
Essential for fair rent
(2) The fair rent shall be fixed after taking into consideration the following factors, namely:-
(a) in the case of a building which was in existence before the 1st July, 1961, the rent of that building during the twelve months immediately preceding that date and where that building was not let out during the said period the rent prevailing in the locality during that period for buildings having similar accommodation, amenities, conveniences, facilities and environment; or
(b) in the case of a building completed on or after the 1st July, 1961, the rent at which such building is first let out within twelve months of its completion, and where that building is not let out during the said period, the rent prevailing in the locality during that period for buildings having similar accommodation, amenities, conveniences, facilities and environment; and
(c) the annual value of the building as assessed by the Cantonment Board under the provisions of the Cantonments Act, 1924, relating to the period mentioned in clause (a) or clause (b).

(3) In fixing the fair rent of a building, the Controller shall also take into consideration the fixtures of the buildings, such as lifts and electric and other fittings, the rise and fall of the costs of construction and repairs and the imposition, abolition, enhancement or reduction of taxes since the 1st July, 1961.
(4) In working out the depreciation of a building, the Controller shall take into consideration the location, climatic conditions, the nature of materials used in its construction, and the attention paid to its regular maintenance.
(5) On and from such date as the Government may, by notification in the official Gazette, appoint in this behalf, the Controller shall not entertain any application under sub-section (1) after the expiry of one hundred and twenty days-
(a) from the said date, where the building has been occupied by the tenant since before the said date; and
(b) from the date of the occupation of the building by the tenant, in any other case.

Conclusion:
To conclude I can say that rent is a money or other thing which is paid by the tenant to the landlord put it does not include any cess, village cess or other contribution or due or any free personal services. the commutation and alternation of rent may be occurred with the consent of landlord and the tenant.



landlord and tenant. the the rights
Landlord and tenant are two different persons. the tenancy act 1967 describes different rights and duties of landlord and tenant. the the rights of the landlord are duties of the tenant and duties of the landlord are the rights of the tenant.
2. Relevant provisions:
Sec. 12 Punjab tenancy act 1887.
3. Definition of landlord:
Landlord means a person under whom a tenant hold land and to whom the tenant is or but for a special contract would be liable to pay rent that rent.
4. Definition of tenant:
Tenant means a person who holds land under another person or is or special contract would be liable to pay rent for land to that person.
6. Main features of tenant:
Following are main features of tenant:
(i) Holding of land
(ii) Holding of land under another person.
(iii) Liability to pay rent.
7. Rights of landlord and duties of tenant:
(i) Right to take produce:

Landlord is entitled to take produce of his share.
(ii) Right to take rent:
Landlord has right to take rent form the tenant and it is duty of tenant to pay rent.
(iii) Right to take rent in time:
Landlord has right to take rent in time and it is the duty of tenant to pay the same.
(iv) Right to demand increase in rent:
Landlord has right to demand increase is rent and it is duty of the tenant to pay attention toward the demand of landlord.
(v) Right to sue:
Landlord has right to file against the tenant for increase in rent if the tenant turns down his demand.
(vi) Rights to be present in the division of produce:
Landlord has right to be present in the division of produce.
(vii) Right to take part in division of produce:
Landlord has right to take part in division of produce.
(viii) Right to takes possession of produce:
Landlord has right to take possession of produce when it is divided.
8. Rights of tenant and duties of landlord:
(i) Right to cultivate land:

Tenant has right to cut harvest of produce of his tenancy and it is the duty of landlord not to interfere in the cultivation of tenant.
(ii) Right of possession:
When the rent is not taken by the division the right of tenant has exclusive possession of produce.
(iii) Right yo divide produce:
Tenant has right to divide the produce.
9. Conclusion:
To conclude i can say that the respective rights of the landlord and tenant are described in sec. 12 of the land revenue act. these are only fundamental and basic right regarding produce.

Special assessment
Assessment is a process to estimate the value of property for tax. under land revenue act land is assessed for land revenue. all lands to whatever purpose applied and wherever situate is liable to the payment of the land wherever except such land which has been exempted from the liability of land revenue. the land has to be assessed at the rates at which it is assessable according to its state at the time of assessment.
2. Relevant provisions:
Sections 56, 70 of the land revenue act 1967.
3. Meaning of assessment:
Osborn’s Concise law dictionary:

To fix the amount for value of property.
4. Assessment circle:
Assessment circle means a group of estates which in the opinion of board of revenue, to be recorded in an order in writing are sufficiently homogenous to admit of a common set of rates being used as general guide in calculating the land revenue to be assessed upon them.
5. Kinds of assessment:
Under the land revenue act, there are two kinds of assessment.
(i) General assessment. (ii) Special assessment.
6. Modes of assessment:
(i) Final assessment. (ii) Fluctuating assessment.
7. Assessment of land revenue:
According to the section 56 “all land, to whatever purpose applied and wherever situate, is liable to the payment of land revenue to the government.
(i) Exceptions:
(a) Such land as has been wholly exempted from that liability by special contract with government or by the provision of any law for the time being in force.
(b) Such land as is included in village site.
(c) Such land as is included in government limit.
(d) Land on which property tax under the urban immovable property tax act 1958 is payable.
(e) Waste and barren land not under cultivation for a continuous period of not less than six years immediately before the date of notification of general assessment or re- assessment. under section 59.
8. Special assessment:
Revenue officer can make special assessment of the land under revenue act. in making special assessment it is not necessary to follow the procedure of general assessment. the confirmation of the assessment in made by the board of revenue.
(i) Cases of special assessment:
Special assessment is made in the following case.
(i) When it is proposed to change the form assessment.
(ii) When lands a sole, leased or granted by government.
(iii) When the assessment of any land has been annnulled or the land owner has refused to be liable therefore and theterm for which the land was to be managed by the collector or his agent quit in form has expired.
(iv) When assessment of land revenue require revision in consequence of the action of water or send or of clalmity of season or form any other cause.
(v) When revenue due to the government on account of pasture or other natural product of land, or on acount of mills, fisheries or natural products of water, or on accounts of other rights described section 49 or 50 has been included in assessment made under the forgiong provision of this chapter.
(v) When waste and barren land becomes liable to the payment of land revenue.
(vi) Where the general assessment is not necessary.

9. Distinction between general and special assessment:
(i) As to contingency:
General assessment in not made on happening of certain event.
Special assessment in made on happening of certain event.
(ii) As to application:
Application is not made for general assessment.
Application may be filed for special assessment.
(iii) As to duration:
There is fixed period of time in general assessment.
There is no fixed period of time in special assessment.
(iv) As to sanction of Govt:
For general assessment sanction of government is required.
No sanction is required in special assessment.
(v) As to sanction of BOR:
Sanction of BOR is required before making general assessment.
Sanction of BOR is not required.
(vi) As to Announcement:
In general assessment time and date from which it is to take place is announced by the revenue officer.
Special assessment is not announced in such way.
(vii) As to procedure:
In general assessment procedure is followed.
In special assessment it is not necessary to follow the procedure of general assessment.
10. Conclusion:
To conclude I can say that assessment is necessary for the process of receiving land revenue for the Govt. general assessment and special assessment are two kinds of assessment. special assessment is made under Sec. 70 of the land revenue act 1967.