The Innovative Law Academy: LLB Notes Part 2

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The Academy in which we are not only teaching subjects of LLB and law, Even providing Lectures of Communication
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LLB Notes Part 2
According to HEC Law Syllabus
Best For Punjab Uni exam, BZU Uni, ISUB Uni, Quaid e azam Uni, CSS Exam, PMS, Judicial Services
Exam & Other all universities exams,
LAND REVENUE ACT/ PRE-EMPTION / TENANCY ACT
Lecturer: Mobushar Iqbal Chohan
Advocate High Court

LL.B, LL.M, MSC, DIPL Communication Skill.
Office: Fatima & Iqbal Law Chamber Lahore
YouTube/Law and Communication skills
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“I am very thankful to my almighty ALLAH for giving me such a courage, success and honor. I am also
very thankful to all the students who appreciated my work and received them warmly. In these
notes the law has been elaborated with the help of landmark judgments which is delivered by the
Hon’ble Courts and has been written for the examination point of view and i hope that these notes
will also be received warmly by the students and may led to the success in the examination as well
as in their profession.
The below-given notes prepared for the students of the LLB. The subject is very technical, and i have
taken every step to ensure that these notes may fulfill the need of the students, but there may be
some shortcomings or flaws in it, so every suggestion for the improvement of these notes will be
warmly welcome.”
I Am Very Thankful To You All
Your Well Wisher
Lecturer: Mobushar Iqbal
ADVOCATE HIGH COURT

LLB. LLM. Msc. Dipl communication skills
CELL NO: 0300-0096491
OFFICE : F ATIMA & IQBAL LAW CHAMBER LAHORE
INNOVATIVE LAW ACADEMY LAHORE
Address: Lower mall around Chauburji Oppo: Butt sweet Hajvari Tower Basement 10-B Lahore
Q.1: Title . What is question of title” of land revenue act
1967.
1. Preface
Under the revenue act 1967, the question of title arises at that time when joint owner and
co-tenants wanted partition of their land due to any reason, in order to proceed partition
revenue officer initially will ensure the question of title if the partition is needed by parties
on the question of title. Revenue officer has been empowered by the revenue court to decide
the question of title. The civil court can also determine the question of title.
2. Relay Section
Section 140 & 141 of the Land Revenue Act 1967 deals with question of title.
3. Interpretation of Question of title

Question of title is dispute between the co-sharer of the land which empowers the owners of
the property to control and dispose of his property without any restriction
4. Essentials of Question of title

Essentials of question of title are as under.
1) Co-ownership of a land
2) Co-tenancy of a land
3) Intention of partition
4) Dispute between the parties
5. Authorities who can dispose of question of title

Following are the authorities who can dispose the question of title under the provision of land
revenue act 1967.
1. Revenue officer
Under the land revenue act 1967, the land revenue officer can dispose the question of
title if a suit has been filed to him by the parties
2. Revenue court
Under the land revenue act 1967, the revenue court can dispose the question of title if a
suit has been filed in it before the parties
3. Civil court
Under the land revenue act 1967, the civil court can dispose the question of title if a suit
has been filed in it by the parties
6. Discretionary powers of revenue officer
Under the land revenue act 1967, revenue officer has discretionary power to question of
title; it is his own discretion whether he decides the question by himself or directs the parties
to file the case for determination in the civil court.
7. Position of revenue officer

Following actions of the revenue officer show the position of a revenue officer in respect of
disposal of question of title.
1) Act as Revenue officer

At the time of proceeding for partition of the land, the revenue officer acts as a revenue
officer
2) Act as Revenue court

At the time of deciding of question of title, the revenue officer acts as a revenue court
3) Act as Civil court

At the time of deciding of question of title, the revenue officer acts as a civil officer
8. Limitations on revenue officer

Following are the limitations on the revenue officer in respect of partition of the land.
1. Execution of partition
Under the land revenue act 1967, the revenue officer cannot execute the partition unless
and until he decide the question of title first
2. Fixation of time period

Under the land revenue act 1967, the revenue officer cannot fix the time period of execute
the partition after the decision of the civil court
9. Procedure for disposal of question of title

Following are the procedures of disposal of question of title.
1. Stay the proceedings

Under the land revenue act 1967, the revenue officer shall stop to proceed the execution of
the partition until question of title is decided
2. Suspension of the proceedings

Under the land revenue act 1967, the revenue officer shall suspend the execution of the
partition until question of title is decided
3. Failure of party to file civil case

Under the land revenue act 1967, if the parties get failed to file a case in the civil court, in
this case the revenue officer by his own either decide the question of title
4. After decision of civil court

Under the land revenue act 1967, after receiving the court order, the revenue officer will
execute the partition of land
10. Appeal
Under the land revenue act 1967, an aggrieved person can appeal before the district judge if
he seems that order passed by the revenue officer does not meet the requirements of justice
and also can appeal before the high court if aggrieved person seems that order passed by the
district judge does not meet the requirements of justice
11. Preclude Remarks

To conclude i can say that question of title is basically a dispute between the parties who
wanted partition of the land but revenue officer is under an obligation to decide the question
of title before execution of partition and board of revenue has vested vast powers to the
revenue officer in this regard.
Q. 2: What is review? law relating to “Review” under the
provisions of land revenue act 1967.
1. Preface
Under the land revenue act 1967, the revenue court is empowered to take judicial review of
its own decision when someone disagrees with this decision due to an error in it at that time
the revenue court once again consider the case upon which they already have made a
decision but later on after finding something wrong in the decision, revenue court makes
decision on the same case once again
2. Relay Section
Section 163 of the Land Revenue Act 1967 deals with review.
3. Interpretation of Review
A process where the revenue court is asked to re-consider it’s own decision when decision is
inappropriate and does not fulfill the requirements of justice.
4. Authorities who can review

Following are the authorities of the board of revenue who can review the case in the
request of aggrieved person or on his own.
1) EDO Revenue
Under the land revenue act 1967, executive district officer revenue has an authority to
review the case under the provision of act of board of revenue.
2) Collector
3) Assistant collector
5. Cases when review is allowed

Following are the cases when review is allowed and revenue court can re-consider the case
upon which they have made the decision earlier.
1. New evidence
Under the land revenue act 1967, revenue court is empowered to review the case, if a
new evidence is found later on, in this case court will review the case
2. Mistake of law
Under the land revenue act 1967, revenue court is empowered to review the case, if the
decision made was based on mistake of law, in this case court will review the case
3. Mistake of fact
decision made was based on mistake of fact, in this case court will review the case
4. Decision without opportunity to defendant

decision made without giving the opportunity to the defendant to defend the case, in this
case court will review the case
5. Misrepresentation
decision made was based on misrepresentation, in this case court will review the case
6. Fraud
decision made was based on fraud, in this case court will review the case
7. Undue influence
decision made was based under the undue influence, in this case court will review the
case
8. Revision of law
existing law has been changed with the change of government, in this case court will
review the case.
9. Revision on other grounds

Under the land revenue act 1967, revenue court is empowered to review the case, if
other valid grounds come into notice of the aggrieved party, in this case court will review
the case
Case law
It was held that review can only be made on the basis of some advanced grounds which
were not produced at the time of decision made.
6. Cases When review is not allowed

Following are the case where review is not allowed. Details are as under.
1. Decision made by keeping in view the provision of law]
2. Decision made by keeping in view all the facts and evidences
3. Decision made by application of law
4. Decision made without any undue influence
5. When case already has been reviewed
7. Modes of review
Following of the two modes of review. Details are as under.
1) On request of aggrieved person
Under the land revenue act 1967, the revenue court can originate review on the personal
request of aggrieved person who thinks that the decision is not fulfilling the requirement
of justice
2) Suo moto
Under the land revenue act 1967, the revenue court can originate review on his own
discretion when it thinks that the decision is not fulfilling the requirement of justice.
8. Preclude Remarks
To conclude I can say the under the provision of act, revenue court is empowered to review
the case for which they have made their decision but aggrieved person has filed the case to
review it because such decision does not complete the requirments of justice and has an
error in it. There are certain reasons due to them a revenue court can review the decision
Q. 3: Partition of joint holding. procedure of partition &
limitation on partition.
1. Preface
Under the land revenue act 1967, the term partition is a term which is used to divide
property when the land is owned by two or more individuals as joint owners or tenants. The
right of partition is an absolute right and does not require the consent of other co-tenants. If
partition is needed by the parties in this case they will file an application before the land
revenue officer for execution of partition.
2. Relay Section
Section 135 to 150 of the Land Revenue Act 1967 deals with procedure of partition of land.
3. Interpretation of Partition
When two or more owners or tenants of the a same property by their mutual consent or
without mutual consent, file an application before the revenue officer for division of their
property according in lieu of shares, in called partition.
4. Basis of Partition of holding

Partition of the joint holding of any particular property is based on a Latin maxim, according
to it; everyone has a right to avail all the shares of his property by partition because no one
can be forced to hold the co-ownership against his consent
5. Procedures of Partition of land

Following are the procedures of partition of land. Details are as under.
1. Submission of application
Under the land revenue act 1967, if the co-owners of a property wanted to divide their
property, in this case an application shall be submitted to the land revenue officer before
proceedings.
2. Notice to defendants
Under the land revenue act 1967, after receiving an application for division of property
by either party, the land revenue officer shall send a notice to the defendant to appear
for hearing before him.
3. Question of the title

Under the land revenue act 1967, at the first hearing, the revenue officer shall ensure the
question of the title of the property that, who owns the title of ownership of the
property before execution of partition.
4. Rejection of application
Under the land revenue act 1967, the revenue officer shall reject the application of
partition if he thinks that there are multiple reasons for rejection of the application.
5. Settlement of disputes
Under the land revenue act 1967, if the application is accepted by the revenue officer but
there are some disputes between the parties regarding the partition of the land, in this
case the revenue officer shall settle all the disputes of the parties before execution of
partition.
6. Execution of partition
Under the land revenue act 1967, after settlement of the disputes, the revenue officer
shall prepare a document in which the time and date of execution of partition will be
mentioned as copy of it will be given to the parties.
7. Delivery of possession
Under the land revenue act 1967, after execution of partition of the property, the
possession of the property will be delivered to the parties according to the in lieu of their
shares.
Case law
It was held that the every person can submit an application for possession of the
property after deed of partition within three years from the date of partition
6. Application for partition

Under land revenue act 1967, section 111 provides that “any joint owner of land, or any joint
tenant of a tenancy can apply to a revenue-officer for partition of his share in the land or
tenancy by mentioning proposed plan of partition indicating the quality and location of the
land in application along with reasons for partition.
7. Partition of agriculture land

Under the land revenue act 1967, agriculture land comes under the jurisdiction of the
revenue court, if civil court grants decree for partition of agricultural land in this case such
decree will be considered as null and void because it does not comes under the jurisdiction of
the civil court
8. Persons entitled to partition

Following are the persons who are entitled to partition under the land revenue act.
1. Co-owners of the same property such as heirs of deceased person
2. Co-tenants of the same property
3. Widow is entitled to partition
9. Persons not entitled to partition

Following are the persons who are not entitled to partition under the land revenue act.
1. Sole owner of a property
2. A person who neither an owner nor a tenant
3. Lease holder
4. Mortgagee
10. Limitations on partition
Under the land revenue act, following are the limitations on the partition of land
1. Grazing fields cannot be partitioned
2. Graveyards cannot be partitioned
3. Mosques, shrines and churches and other places of worship cannot be partitioned
4. Devoted well and water supply cannot be partitioned
5. Any occupied piece of land which is being used for residence by a town or village cannot
be partitioned
11. Conclude
To conclude i can say that partition deed is a tool to divide a piece of land between the coowners
or the co-tenants of the property after submission of an application for such partition
and revenue officer will proceed for execution of partition according to the rules and
regulation of board of revenue.
Q. 4: process of recovery of the arrears ofmthe land
revenue?
1. Preface
Under the land revenue act 1967, if the taxes and duties imposed by the government have
not been paid by the landowner, in this case the government of the state shall take necessary
steps in order to recover the land revenue from the landowners by using different method
mentioned in the rules of board of revenue and revenue officers are responsible for recovery
of land revenue.
2. Relay Section
Section 80 of the Land Revenue Act 1967 deals with procedure of recover of land revenue.
3. Interpretation of Arrears of land

Under the land revenue act, arrears of land mean due amount payable even after expiry of
due date.
4. Procedures of recovery of land revenue

Following are the procedures of recovery of land revenue. Details are as under
1. By notice
Under the land revenue act 1967, in order to recover the arrears of land, the revenue
officer will serve a notice of demand to the landowner for payment of due amount after
expiry of due date.
Case law
It was held that the notice of demand which was served by the revenue officer
could be determined if dues are unpaid by the landowner
2. By arrest
Under the land revenue act 1967, in order to recover the arrears of land, if after 30 days
of issuance of demand notice, the due amount is not paid by the landowner, in this case
the revenue officer will issue a warrant to arrest the landowner with the help of police
but landowner will not be kept in custody more than 10 days
Exceptions from arrest

Following persons will not be arrested by the police.
1) Unsound mind person
2) Minor
3) Female
4) if the amount has been paid by the landowner

3. By selling moveable property
Under the land revenue act 1967, in order to recover arrears of land, the revenue officer
is entitled to sale the moveable property such as crops, cattle and machinery of the
landowner after the expiry of due date.
Discretion of collector
In this regard, the collector of that area can exempt the landowner from
acquisition of and selling of his immoveable property for the sake of his family
4. By selling immoveable property

Under the land revenue act 1967, if the due amount has not been paid from many years
even after execution of all above mentioned procedures of recovery of arrears of land , in
this case in order to recover the arrears of land, the revenue officer is entitled to sale the
property of owner with the prior sanction of the authorities of the board of revenue.
5. By Seizure of immoveable property

Under the land revenue act 1967, in order to recover arrears of land, if the due amount
has not been paid from many years, the revenue officer is entitled to seize the
immoveable property such as land of owner after the expiry of due date. Such seizure of
property will be released with profit if earned, the landowner if the arrears are paid.
Period of Seizure
If the property is seized by the revenue officer, in this case such seizure may be
not exceeding for the period of 5 agriculture years
6. By seizure of moveable property

is entitled to seize the moveable property such as land of the landowner after the expiry
of due date.
7. By transfer
is entitled to transfer the moveable property such as land of the owner after the expiry of
due date. Such transferred property will be returned with profit if earned, to landowner
if the arrears are paid
Period of transfer
If the property is transferred by the revenue officer, in this case such transfer
may be for one agriculture year or may be less than 15 years or until the arrears
are paid.
8. By annulment
Under the land revenue act 1967, if the due amount has not been paid from the period of
one year even after execution of all above mentioned procedures of recovery of arrears
of land , in this case the revenue officer is entitled to annul the arrears of land
5. Deposit of revenue
Arrears of land revenue are deposited in the relevant tehsil headquarters which have been
integrated with the treasury of the district. All the land owners of the state can deposit the
taxes and duties imposed upon them by the government of the Punjab at any headquarter of
the relevant district.
6. Upon whom land revenue is imposed

Land revenue is imposed upon all the landowners of the state who have attained the title of
ownership of any particular piece of land as well as it is also imposed upon them who have
not attained the title of ownership but possession of it.
7. Preclude Remarks:
To conclude I can say that, the land revenue act provides different methods of recovery of
arrears of land revenue because all of the land owners are under an obligation to pay land
revenue. If any of the landowner whose arrears are unpaid after execution of all the methods
of recovery of arrears in this case the revenue officer can annul the arrears with the approval
of senior officials of board of revenue.
Q. 5: Record of rights. What are documents included in it.
1. Preface
Under the land revenue act 1967, the term record of rights is used to maintain the data of
new and old owners of the land and land itself within the estate. Whenever any official of
board of revenue or any other wants to get all the details about the owners of land or land
itself he has to recourse to the records of rights in this regard because it provides all the
details related to owners and land itself such disputes, payable etc.
2. Relay Section
Section 39 & 40 of the Land Revenue Act 1967 deals with record of rights.
3. Interpretation of Record of rights

Record of rights is such record which contains the names of owners of land and details about
the land itself, such as disputes, payable, and rights and obligations of the owners
4. Information available in record of rights

Following is the information which is available in the record of rights
1. Names of all the persons who ever has acquired some rights in the land, nature and limits
of their rights.
2. Details of charges of attachment and decrees imposed by civil court or authorities of

board of revenue
3. Details of loan taken by the owners
4. Location of the land itself
5. Easement if acquired by someone, such as right of way is entered in this record.
5. Documents included in records of right

Following are the documents which have been included in the record of right. Details are as
under.
1. Mutation register
Mutation register is included in records of rights in which the names of owners of land
and tenants of land are mentioned. It is maintained by the patwari who is responsible to
keep it up to date.
2. Jamabandi register
Jamabandi register is also included in record of rights and it is most important document
of revenue record which is known as fard in which names of owners, shares of owners,
area of land, and other Rights are mentioned. It also indicates charges, payables on land.
3. Map of the estate
Map of the estate is included in records of rights in which measured area of land and
location of land is mentioned.
4. Statement of distribution of water

Statement of distribution of water is included in the record of rights in which sources of
water in order to irrigate the land are mentioned that whether land is being irrigated by
karez, well, or by canal, it also prescribed the periodical record of its irrigation.
5. Statement of customs
Statement of customs is also included in the record of rights in which all the prevailed
customs of a particular area are mentioned. Such customs define the rights and
responsibilities of the landowners as well as tenants.
6. Statement of payables
Statement of payables is included in the record of rights in which arrears of Land
Revenue are mentioned which are payable after due date. It is also mentioned that how
such amounts will be paid to the board of revenue.
7. Statement of correction of clerical mistakes

Statement of correction of clerical mistakes is included in record of rights in which
corrections of clerical mistakes are mentioned.
8. Shajar e Nasab
Shajar e Nasab is also included in record of rights in which genealogical history of all the
owners of a particular land are mentioned according to their order.
9. Rights and duties

There is a register which is included in the records of right in which rights and duties of
the landowners and tenants are mentioned. And defines limits for all the persons
attached to the land.
6. Importance of record of rights

Following are the reasons for importance of record of rights.
1. Record of rights helps to keep up to dated the record
2) Record of rights helps to protect rights of owners
3) Record of rights helps to recover arrears
4) Record of rights helps to control the corruption
5) Record of rights helps to identify the measured area of land
6) Record of rights helps to identify the location of land
7) Record of rights helps to create accuracy in the record keeping system

7. Object of record of rights
The basic and fundamental object of the record of the rights is to collect the revenue from
the land owners of the village or state under the land revenue act. Furthermore, record of
rights points out that are under an obligation to pay the revenue to the government.
8. Remedy against wrong entry

In case of wrong entry in the records of right which is affecting his rights, the aggrieved
person can file declaratory suit in the civil court for correction of wrong entry under the
provision of land revenue act 1967, after determination of the case the court will issue an
order for correction of the entry of record of rights
9. Rule of presumption
According to the provisions of land revenue act, it is always to be presumed that all the
entries made in the record of rights are correct until these proved wrong by evidence

To conclude I can say that keeping an accurate records of rights is necessary for a sound
system of assessment and collection of revenue by the department, without such record it is
not possible to determine who is liable to pay revenue for a particular land, and it would be
difficult to settle the disputes between various claimants to that land.
Q. 6: Procedure of Mutation of land.
1. Preface
Under the Land Revenue Act 1967, the mutation of a property is the change of title of
property in the revenue records of the local municipal corporation. Patwaries of a particular
area are responsible to make such changes in the Mutation register and are responsible to
enter the name of new owner’s name in the register. The change of title of ownership can be
due to a number of reasons such as by death of owner or by transfer of property.
2. Relay Section
Section 42 of the Land Revenue Act 1967 deals with Mutation.
3. Interpretation of Mutation
The Term mutation means change of title of ownership in the records of board of revenue
such change is made in order to up to date the latest owner of the property in mutation
register.
4. Importance of mutation
Following are the reasons for importance of mutation.
1. Mutation helps to keep up to dated the record
2) Mutation helps to protect rights of owners
3) Mutation helps to recover arrears
4) Mutation helps to control the corruption
5) Mutation helps to create accuracy in the record keeping system
5. Procedure of Mutation
Following are the procedures of mutation according to the land revenue act 1967.
1. Acquisition of property by new owner

Under the land revenue act, procedure of mutation starts when anyone acquires the
property on the death of original owner, by deed of transfer, by gift, by deed of purchase
or any other way, in this case the new owner is under an obligation to report to the
concerned patwari so that he may be update the name of new owner in the Mutation
register.
2. Entry in Mutation Register

Under the land revenue act, after reporting by the new owner, patwari is under an
obligation to enter the record into the Mutation register in order the update and record
of new owner in the place of old owner.
3. Provision of Copy to owner
Under the land revenue act, after entering the record into the mutation register, the
patwari is under an obligation to provide a copy of record to the new owner of the
property for acknowledgement
4. Provision of Copy to Union Council

patwari is under an obligation to send a copy of record to the union council for
acknowledgment
5. Time period of provision of copy

patwari is under an obligation to send a copy of record to the new owner as well as the
union council for acknowledgment within the one week only.
6. Report against refusal of patwari to enter mutation

Following are the person to whom the new owner will report against the refusal of patwari to
enter the record of mutation in the revenue records.
1) Revenue officer
If the patwari refuses to enter the record of new owner in the mutation register, in this
case the owner will report to the revenue officer of his area against patwari by sending a
written application by post.
2) Chairman of UC
If the patwari refuses to enter the record of new owner in the mutation register, in this
case the owner will report to the chairman of his Union Council against patwari by
sending a written application by post.
7. Procedure of attestation of mutation

Following are the procedures of attestation of mutation under the land revenue act 1967.
1. Checking the Entries

Under the land revenue act 1967, entries made by the patwaries in the mutation register
are checked by the revenue officer and after checking accuracy of the records, the
revenue officer attests the entries before the new owners of the property.
Exceptions
Following are the exceptions to checking of the entries.
1. If property is transferred by the succession
2. If property is transferred by the order of the court
3. If property is transferred by the a person to a trust
2. Identification of owner
Under the land revenue act 1967, the new owner of the property is identified by revenue
officer as mentioned in the mutation register by the partwari. Such identification can be
verified by the lambardar or Chairman of the Union council too. Signature or thumb
impression of the new owner also will be taken on the mutation register.
3. Inquiry of land
Under the land revenue act 1967, the inquiry of the land is conducted that where the
piece of land is situation? Revenue officer attests the land by visiting a particular piece of
land personally.
4. Order of the revenue officer

Under the land revenue act 1967, after checking the accuracy of entries in mutation
register, identification of owner and inquiry of the land, the revenue officer shall order to
enter the record into the periodical record of the board of revenue within the three
months after its first entry in to the mutation register if the revenue officer gets failed to
order for such entry, in this case he will explain the cause of such delay to the collector.
8. When mutation is needed to be entered

Following are the circumstances when mutation is considered as necessary to be entered in the
revenue records.
1. If property is transferred by the succession
2. If property is transferred by the order of the court
3. If property is transferred by the a person to a trust
4. If property is transferred by gift
5. If property is transferred by purchase
6. If property is transferred by mortgage
7. If property is transferred by lease
9. Preclude Remarks
To conclude i can say that the term of mutation is used to change the name of the new
owner in place of old owner in the mutation register by the patwari, such change can be due
to death of original owner, by deed of transfer, or by gift or by purchasing the piece of land
from real owner. But patwari is under an obligation to enter the record into mutation register
Q. 6: What is summon? Describe forms of a valid
summons and it's process.
1. Preface
Under the land revenue act 1967, revenue officer is entitled to serve a summons to the
landowner and a summons is a paper issued by a revenue officer informing a landowner that
a legal action has been taken against him on the violation of the rules and regulation of the
board of revenue. This is a form of legal process that instructs the landowner to appear
before the court on a specific day and to answer the liabilities imposed by the revenue
officer.
2. Interpretation of summons
Summon is a document which contains the order of the revenue officer for landowner to
appear before revenue officer, is called summons.
3. Forms of summons
Following are the forms of summons.
1. Notice
2. Orders
3. Proclamation
Mode of service of notice,

order or proclamation,
or copy thereof.–
(1) A notice,
(2) order or
(3) proclamation,
(4) or a copy of any such document,
(5) issued by a Revenue Officer for service on any person,
(6) shall be served in the manner provided in section 24 for the service of a summons
4. Validity of summons
Following are the validities of the summons as well as notice, orders and proclamations. Details
are as under
1. By Revenue officer
Summon should be issued by the revenue officer only. If it has been issued other than
revenue officer, in this case it would not be a valid summons.
2. Signed
Summon should be signed by the relevant revenue officer. If it has not been signed by
the revenue officer, in this case it is not a valid summons.
3. Written
Summon should be issued in form of writing. If it has been verbally ordered to the
landowner, in this case it is not a valid summons.
4. Duplicate
Summon must have duplicate copy of it. If the duplicate copy of summon has not been
made, in this case it is not a valid summons
5. Purpose
Summon should state the purpose for which it is issued by the revenue officer. If it does
not state the purpose of its issuance, in this case it is not a valid summons.
6. Seal
Summon should be sealed at any cost. If it has not been sealed, in this case it is not a
valid summons.
5. Process of service of summons

Following are the procedures of service of summons. Details are as under.
1) To landowner
Summon issued by the revenue officer will be served to the landowner personally to
whom it is addressed to appear to justify himself
2) To Family member
Summon issued by the revenue officer will be served to the any family member of the
landowner to whom it is addressed to appear to justify himself
3) To authorized agent
Summon issued by the revenue officer will be served to any agent of the landowner to
whom it is addressed to appear to justify himself
4) To last residence
If summons issued by the revenue officer is not served due to any reason, or due to
refusal from acceptance, in this case such summon will be served at the last known
residence of the landowner to whom it is addressed to appear to justify himself.
5) To collector
If summons issued by the revenue officer is not served to the person’s last residence, in
this case such summons will be served to the collector of the district in which currently
the concerned person resides, and collector will be responsible to the serve the letter to
the person under the provision of the act.
6. Penalty after summons

Under the land revenue act 1967, if any person is required by summons by revenue officer to
appear before him at a specified time and place against non-accomplishment of requisitions
of the state, in this case he shall be liable to the fine which may be of 500 rupees at the
discretion of revenue officer.
7. Proceedings held in holiday
Under the land revenue act 1967, if proceedings are being held before by Revenue Officer on
a day notified as a holiday, in this case such proceedings shall not be considered as invalid by
reason of held on holiday.
8. Place of sitting
Under the land revenue act 1967, a Revenue Officer can exercise his powers at any place
within the limits of his jurisdiction.

Note: An Assistant Collector of the first grade may exercise his powers at any place within
the district in which he is employed.
9. Preclude Remarks
To conclude i can say the land revenue act 1967, is very powerful act in which a lot of powers
have been given to the revenue officer for collection of land revenue from the landowners of
the state. Such as summons which are served by the revenue officers to the concerned
persons in this regard.
Q. 7: Procedure of appointment and dismissal of
Lambardar.
1. Preface
Under the Land Revenue Administrative system, lambardar of a village is a title which is
vested to a person by the executive district officer of Board of Revenue. Lambardar is under
an obligation to collect the revenue from the landlords of his village and provide facility to
the landlords of his village if they wanted to be facilitated. In every village the government
designates a lambardar to administer the revenue affairs.
2. Relay Section
Section 4 (28) and 36 of the Land Revenue Act 1967 deals with the, duties of the Lambardar.
3. Interpretation of Lambardar
Village officer or a lambardar is a person who is appointed by the EDO of Board of Revenue
in order to collect revenue (Taxes, duties) on the behalf of government from the landlords of
his village is called lambardar.
4. Classification of village officer

Following are the classifications of village officers of Board of revenue.
1) Village officer or Lambardar
2) Patwris.
3) Kanugoes
4) Zabits.
5) Kotars.
6) Arbabs
5. Appointment of Lambardar
Each and every person of the village is entitled to be appointed as lambardar/village officer
by the high authorities of the Board of Revenue in this regard, no one can be appointed as
vested right of appointment.
Case law 2005

It was held that no one has a right to claim for appointment on the basis of preference.
Criteria of selection are the fitness of the candidate to perform the responsibilities of his
office.
6. Matters to be considered for appointment of Lambardar

Following are the matters which need to be considered for appointment of lambardar of a
village.
1. Hereditary claim
In the very first appointment of the lambardar, hiring authorities of board of revenue
consider the hereditary claim because candidate having claimed on the basis of
hereditary is always preferred.
2. Services of candidate
In the appointment of the lambardar, hiring authorities of board of revenue consider the
services of the candidate for the betterment of village or state.
3. Personal status
personal status of candidate such as his piety, seniority and dealing with peoples on
different matters are kept in view.
4. State of mind of candidate

state of mind of candidate whether candidate is mentally fit to perform his
responsibilities of his office or not
5. Physical Fitness
physical fitness of candidate whether candidate is able to perform his responsibilities of
his office or not
6. Education of candidate
education level of candidate and highly educated candidates are always preferred for
this.
7. Bankruptcy
In the appointment of the lambardar, hiring authorities of board of revenue consider
matter of bankruptcy of the candidate, and ensures that the candidate has not been
involved in fraudulent activities ever.
8. Conviction
In the appointment of the lambardar, hiring authorities of board of revenue consider
matter of conviction of the candidate, and ensures that the candidate has not been
convicted by the court of law for any criminal activity ever.
9. Possession of property
amount of property possessed by the candidate and analysis such property that how it
was acquired by him
7. Appointment of Minor as lambardar

Under the Land Revenue Act 1967, a minor is competent to become village officer/
lambardar of his village if he is being capable to perform his duties of his officer as well as
qualifies selections criteria
8. Appointment of Female as lambardar

Under the Land Revenue Act 1967, a female is competent to become village officer/
lambardar of his village if she solely has hereditary claim for her appointment and is being
capable to perform her duties of her officer as well as qualifies selections criteria
9. Appointment of Govt officer as lambardar

Under the Land Revenue Act 1967, a government officer is not competent to become village
officer/ lambardar of his village
10. Fixation of Renumeration of Lambardar

Under the Land Revenue Act 1967, the salary of the lambardar is fixed by the superior
authorities of the board of revenue but it does not exceed from 5 % of the collected revenue
of the village and such salary is fixed by issueing a notification by the government of the
punjab.
11. Dismissal of Lambardar

Dismissal of lambardar is categorized into the following ways.
1) When Lambardar must be dismissed

Following are the circumstance when lambardar must be dismissed
A. Conviction
If the lambardar has been convicted by the court of law and kept in imprisonment
more than 6 months on account of criminal act, in this case he must be dismissed
by the authorities
B. Ceases to be land owner

If the lambardar has been ceased to be land owner by the court of law, here is his
office, in this case he must be dismissed by the authorities
C. Transfer of Holding
If the lambardar has transferred his holding to anyone on rent or on profit without
involving the law into, in this case he must be dismissed by the authorities
D. Mortgage of Holding
If the lambardar has mortgaged his holding to anyone and delivered possession of
it to any one without involving the law into, in this case he must be dismissed by
the authorities
2) When lambardar may be dismissed

Following are the circumstances when lambardar may be dismissed.
a) Age
If the lambardar is minor or unable to perform his duties due of his less age, in this
case he may be dismissed by the authorities.
b) State of mind
If the lambardar is mentally unfit to perform his duties due his mental sickness, in
this case he may be dismissed by the authorities.
c) Physical unfitness
If the lambardar is physically unfit to perform his duties due his physical sickness, in
this case he may be dismissed by the authorities.
d) Bankruptcy
If the lambardar has become bankrupt, in this case he may be dismissed by the
authorities.
e) Failure to perform duty

If the lambardar get failed to perform his official duties due to any reason, in this
case he may be dismissed by the authorities.
f) Negligence
If the lambardar negligent does not perform his official duties, in this case he may
be dismissed by the authorities.
g) Illegal activities
If the lambardar is found to perform illegal activities which are totally agains the
interest of the general public or against the public law, in this case he may be
dismissed by the authorities.
h) Criminal proceedings
If the criminal proceedings have been initiated by the court of law against the
lambardar for any criminal commission or omission, in this case he may be
dismissed
i) Illegal profit
If the lambardar gains illegal profit from his holding property by concealing from
law, in this case he may be dismissed

To conclude i can say that village officer or lambardar is a person who is appointed by the
superior authorities of the state in order to collect the revenue from the landowners of the
state but there are some considerations which are kept in mind while making the
appointment of the village officer such as his education, personal status, character,
hereditary claim etc. Furthermore there are some circumstance which are kept in mind at the
time of his dismissal from office.
Q. 8: Lambardar play important role in Revenue
Administration. Discuss his position with reference to his
duties.
1. Preface
Under the Land Revenue Administrative system, lambardar of a village is a title which is
vested to a person by the executive district officer of Board of Revenue. Lambardar is under
an obligation to collect the revenue from the landlords of his village and provide facility to
the landlords of his village if they wanted to be facilitated. In every village the government
designates a lambardar to administer the revenue affairs.
2. Relay Section
Section 4 (28) and 36 of the Land Revenue Act 1967 deals with the, duties of the Lambardar.
3. Interpretation of Lambardar
Village officer or a lambardar is a person who is appointed by the EDO of Board of Revenue
in order to collect revenue (Taxes, duties) on the behalf of government from the landlords of
his village is called lambardar.
4. Classification of village officer

Following are the classifications of village officers of Board of revenue.
1) Village officer or Lambardar
2) Patwris.
3) Kanugoes
4) Zabits.
5) Kotars.
6) Arbabs
5. Duties of Lambardar
Following are the duties of lambardar. Details are as under:
1. Collection of revenue
Lambardar collects land revenue from the landlords of his village according to the rates
defined by the Land Revenue Act 1967. As well as collects others amounts recoverable.
2. Collection of rent
If land of government of the Punjab has been given on rent, in this case lambardar
collects the amount of rent from the landlords of his village according to the rates
defined by the Land Revenue Act 1967.
3. Collection of profit
If land of government of the Punjab has been given for business purposes, in this case
lambardar collects the amount of profit from the businessmen landlords of his village
according to the rates defined by the Land Revenue Act 1967.
4. Protection of Government Properties

It is the duty of lambardar to protect the property of the Government of the Punjab and
take care of such property from illegal use of it.
5. Issuance of receipt
If any landlord pays his taxes, duties imposed on him by the Land Revenue Act 1967, in
this case, it is the duty of lambardar to issue a copy of receipt to the landlord for
acknowledgement of payment.
6. To obey the orders of Revenue officers

It is the duty of lambardar to obey the legal orders of all the revenue officer of the district
for smooth official operations which are made in order to collect revenue or for other
official purposes.
7. Provision of Assistance to Revenue Officers

It is the duty of lambardar to provide assistance to all the revenue officers of the district
if assistance is needed at any time in order to execute the policies of the department.
8. Provision of Assistance to Government Officer

It is the duty of lambardar to provide assistance to all the government officers of the
district if assistance is needed by them in order to execute government order within the
village area.
9. Provision of Assistant to Postman

It is the duty of lambardar to provide assistance to the postman of the village if he needs
any kind of assistance to execute his duty
10. Report of Encroachment

It is the duty of lambarder to report to the government of the Punjab regarding
encroachment on the roads, streets and public places, made by the villagers
11. Report of Criminal Act

It is the duty of lambarder to report to the Government of the Punjab regarding
commission of any criminal act which is committed within the area of his village.
12. Report of Damage

It is the duty of lambarder to report to the Government of the Punjab regarding any
damage of the property of the government within the area of his village.
13. Report of Death of landlord

It is the duty of lambarder to report to the Government of the Punjab regarding death of
any landlord of his village
14. Report of Epidemic Diseases

Epidemic disease which is spreading in his village in order to prevent the peoples of his
village from such disease.
15. Report of Anti-social activities

It is the duty of lambarder to report to the Government of the Punjab regarding any antisocial
activities of the dubious peoples of his village in order to prevent the peoples of his
village from such activities.
16. Report of expenses

expenses which has been made for the betterment of the village and peoples thereof.
17. To create of affection among the villagers

It is the duty of lambardar to create love and affection between the peoples of his village
and later on maintain such affection and love
18. Any other duty

It is the duty of lambardar to perform other duties which have been assigned to him by the
government of the Punjab on temporary basis or permanent basis.
6. Preclude Remarks:
To conclude i can say that lambardar is also knows as village officer who is appointed by the
Executive District Officer of Board of Revenue in order to collect revenue in the shape of
taxes, duties, rents as well as profits according to the defined rates under the Land revenue
Act. There a lot of duties which are performed by the Lambardar
Q. 9: Revenue officers, functions and duties under the

Land Revenue Act.
1. Preface
Land Revenue Act 1967 deals with laws relating to the land revenue administration in
Pakistan. In order to perform land related administrative functions, revenue officers have
been appointed who controls the land revenue matters of the Punjab. There are several
classes of revenue officers as well as their duties; functions and process of their
appointments have been prescribed in this act.
2. Relay Section
Section 7 of the Land Revenue Act 1967 deals with the functions, duties, and process of
appointment of revenue officer.
3. Interpretation of Revenue Officers

Revenue officer is a person who is appointed by the Government in order to collect revenue
(Taxes, duties) on the behalf of government from the landowners is called revenue officer.
4. Classes of Revenue Officer

Following are the classes of Revenue officer under the Board of revenue.
1. Board of Revenue
2. Commissioner
3. Collector
4. Assistant Collector of the first grade
5. Assistant Collector of the second grade
6. Tehsildar
1. Board of Revenue
Board of revenue is an autonomous federal body of Pakistan which deals with the
revenue matters of the state and responsible to collect the revenue for the government
from landowner.
Establishment
Board of Revenue was established Under the West Pakistan Board of Revenue
act 1957
Duties
Following are the duties of the Board of Revenue.
1. Appointments of all the revenue officers
2. Issues dismissal and transfer orders of revenue officers
3. Supervises and controlling of all the revenue officers
4. Board of revenue is highest court of which hears the cases of its revenue
officers
2. Commissioner
Province Punjab has been divided into 9 divisions. One commissioner is appointed for
each division. Commissioner is highest authority of the divisions who controls all the
revenue officers of his division.
Appointment
Under the Land Revenue Act 1967, only one commissioner shall be appointed for
each division.
Duties
Following are the duties of the commissioner
1) To assigns tasks to his subordinate revenue officers
2) To monitor his subordinate revenue officers
3) Imposition of penalty against non-filers
4) Implementation policies for revenue collection
5) To initiate judicial proceedings against in vigilant revenue officers
3. Collector
Province Punjab has been divided into 36 districts. One collector is appointed for each
district. Collector is highest authority of the district who controls all the revenue officers
of his district.
Appointment
Under the Land Revenue Act 1967, only one collector shall be appointed for each
district
Duties
Following are the duties of the collector.
1) To transfers any pending case to any other subordinate of his best
2) To dispose any pending case before his subordinate
3) To initiate judicial proceedings against in vigilant revenue officers
4) To conduct internal and external survey of his department performance
4. Assistant Collector of 1st Grade

One Assistant collector of 1st Grade is appointed for each sub-division. Assistant Collector
of 1st Grade is highest authority of the sub-division who controls all the revenue matters
of the sub-division
Appointment
Under the Land Revenue Act 1967, only one Assistant collector of 1st Grade shall
be appointed for each Sub-division
Duties
Assistant Collector of 1st grade always performs his duties under the directions
of the provincial government in order to collect revenue from all the landowners
of his sub-division.
5. Assistant Collector of 2nd Grade

One Assistant collector of 2nd Grade is appointed for each sub-division. Assistant
Collector of 2nd Grade is highest authority of the sub-division who controls all the
revenue matters of the sub-division
Appointment
Under the Land Revenue Act 1967, only one Assistant collector of 2nd Grade shall
be appointed for each Sub-division
Duties
Assistant Collector of 2nd grade always performs his duties under the directions of
the provincial government in order to collect revenue from all the landowners of
his sub-division.
6. Tehsildar
One Tehsildar is appointed for each Tehsil. Tehsildar is highest authority of the Tehsil
who controls all the revenue matters of his Tehsil
Appointment
Under the Land Revenue Act 1967, only one Tehsildar shall be appointed for each
Tehsil
Duties
Tehsildar always performs his duties under the directions of the Assistant
Collector of 1st and 2nd Grade, under the provision of this act in order to collect
revenue from all the landowners of his sub-division.
5. Procedure of Appointment of Revenue Officer

All the revenue officers of the Province shall be appointed by governmental Official notification
6. Preclude Remarks
To conclude, i can say that board of revenue is a body which performs his duties in order to
collect revenue from the landowners and it makes it possible by enforcement of law of
revenue board by the revenue officers of a particular area. There are number of classes of
revenue officer who has been authorized by law to perform their functions.
Tenency Act
Q. 1: What are the limits of holding for personal

cultivation under the Punjab Tenancy Act 1991?
1. Preface
Under the Punjab Tenancy Act 1991, no one is entitled to have possession of land more than
the prescribed area of cultivation of land, some limits have been imposed by the act in this
regard which prohibits the tenant to get more land as prescribed. If someone has joint
possession of land then share of his possession must be less than from prescribed area in
acres. While holding of possession of land more than prescribed area of land is unlawful in
the eye of law.
2. Interpretation of Holding
Holding is a term which describes that in which a particular piece of land owned by an
individual is called “hold” the land
3. Limits of holding for personal cultivation

Following are the limits of holding of a land for personal cultivation. Details are as under.
1) In case of 100 Acres of Land

Under the provision of act, no one is entitled to have possession 100 acres of land for
personal cultivation. If he own, it is unlawful and he will have to leave the land and it will be
given to any other tenant by the revenue officer
2) In case of 25 Acres of land

Under the provision of this act, if a tenant who has possession of 25 acres of land shall not be
given more land for personal cultivation under the provision of sub-section 2, 3, 4 and 5.
3) In case of failure to find new tenant

Under the provision of act, if the revenue officer gets failed to find new tenant to hand over
the land to him, in this case former occupant of the land will continue to use the land for
cultivation even after in excess of the prescribed limit.
4) In case of cattle farm

Under the provision of this act, if the land is being used for cattle farming in this case the
tenant shall be exempted from the provisions of this section but it does not mean that the
owner is entitled to use this land for personal cultivation
Explanation
A cattle farm means a farm of agricultural land which is cultivated for the
purposes of breeding of cattle of the farms.
5) In case of government notification
Under the provision of this act, government by notifying in the official gazette can exempt
any person to owning the land for personal cultivation by execution of this notice
6) In case of Banjar Land

Under the provision of this act, if a land which is banjar shall not be given to any tenant for
personal cultivation
7) In case of Garden
Under the provision of this act, if a land which is Garden shall not be given to any tenant for
personal cultivation
8) Right of exchange
Under the provision of act, it is prescribed that the tenant of the land has a right to exchange
the area of 50 acres with any land in which he may acquire proprietary rights or inheritance
rights etc.
4. Prohibition of suit against the government

Under the provision of this act, it has been mentioned that no judicial proceedings shall be
initiated by the government as well as against any officer of the board of revenue in respect
of imposition of limits prescribed in the act for personal cultivation. But if the government or
any official of the board of revenue violates the rules of this act, in this case aggrieved tenant
can take judicial action against the authorities.
5. Remedies available to aggrieved tenant

Following are the remedies to the aggrieved tenant.
1. Suit against the government

Under the provision of this act, if any tenant who has been unlawfully dispossessed from the
possession of land, in this case he has a right to file a case against the government for
recovery of possession of land
2. Suit against the official

Under the provision of this act, if any tenant who has been unlawfully dispossessed from the
possession of land, in this case he has a right to file a case against the government for
recovery of possession of land
3. Suit for recovery of compensation

Under the provision of this act, if any tenant who has suffered a loss in case of unlawful
dispossession from the possession of land, in this case he has a right to file a case for
recovery of compensation either from government or from any official of board of revenue
who is responsible for such loss.
6. Objective of limitation
Following are the objectives of limitations on personal cultivation.
1. Prescription of amount of land
The object of limits of holding for personal cultivation is to prescription of amount of land so
that any tenant does not exceed prescribed limit for acquisition of land for personal
cultivation
2. Initiation of suit
Another object of limitation is initiation of the suit against the tenant if he violates the rules
or against the government or any official who misuses of his powers outside his jurisdiction
7. Preclude Remarks
To conclude i can say that the Punjab Tenancy Act 1887 has defined or imposed some
limitations on personal cultivation of land by the tenant and executes such limits by using the
force of the state. Furthermore some rights in respect of tenants have also been provided by
the act in order to secure them from misuse of powers of the government and other officials
of it.
Q. 2: grounds of ejectment of tenant?
1. Preface
Under the Punjab Tenancy Act 1991, ejectment is a complaint which is made by the owner of
real property to exclude a party from the land unlawfully occupied. There are several reason
for which an unlawful occupant can be ejected for example for example, a temporary
occupant who has never paid rent but now refuses to leave in this case real owner will file a
case for ejectment of occupant
2. Relay Section
Section 39, 40, 41, 42 and 47 of the Punjab Tenancy Act 1991 deals with the ejectment of
tenant
3. Interpretation of Ejectment
Ejectment is a legal remedy to resolve conflicts between a landlord and tenant which is used
to remove a person from wrongfully occupying real estate. Ejectment can be availed if a
landlord shows that he has a legal right to the property, and the occupier has no legal right.
4. Interpretation of Tenant
Tenant is a person who holds a land from the owner of the land by making an agreement to
pay rent for such occupation
5. Grounds for ejectment of tenant

Following are the grounds of ejectment of tenant when tenant will have to leave the land. It is
classified under the following categories.
1) Grounds for ejectment of Occupancy tenant

A. Use of land in different manners
If the land is being used in different manner by the tenant for which it was acquired, in
this case the owner of the real property will file a case for ejectment of the tenant from
the land.
B. Failure of tenant to pay the rent

If the tenant is getting failed to pay the rent when it becomes due or when it is
demanded, in this case the owner of the real property will file a case for ejectment of
the tenant from the land.
C. Term of tenancy comes to an end

If the period of tenancy comes to an end according to the agreement signed between
the tenant and the landlord, and tenant is not leaving the land accordingly, in this case
the owner of the real property will file a case for ejectment of the tenant from the land
2) Grounds for ejectment of tenant of fixed term

Fixed term tenancy is such tenancy when amount of time is written in the agreement between
the tenant and the owner such as one year. It comes to an end with the expiry of prescribed
time period

Under the periodic tenancy if the land is being used in different manner by the tenant
for what it was acquired, in this case the owner of the real property will file a case for
ejectment of the tenant from the land.

Under the period tenancy, If the tenant is getting failed to pay the rent when it becomes
due or when it is demanded, in this case the owner of the real property will file a case
for ejectment of the tenant from the land.

3) Ejectment of tenant from year to year

Year to year tenancy is such tenancy in which time period is not fixed and tenant can be
ejected on the end of any agriculture year.

If the land is being used in different manner by the tenant for which it was acquired, in
this case the owner of the real property will file a case for ejectment of the tenant from
the land.

If the tenant is getting failed to pay the rent when it becomes due or when it is
demanded, in this case the owner of the real property will file a case for ejectment of
the tenant from the land.

6. Limitations on Ejectment
Following are the some limitations and restricts on the ejectment of the tenant from the land.
1. If there is not order of the court has been passed for ejectment of the tenant, the tenant
will not be ejected at any cost
2. If the tenant is paying all his dues timely according to the agreement signed by him, the
tenant will not be ejected at any cost
3. It the tenant is using the land in the same manners for what the land is taken by him, the
tenant will not be ejected at any cost
4. In case of periodic tenancy, if the period of tenancy is not expired, the tenant will not be
Ejected.
7. Order to pay compensation
Under the provision of act, the revenue officer if thinks fit that the tenant should not be
ejected and gives an order to pay the amount of compensation to the land owner instead of
ejection from the land.
8. Right of tenant
Under the provision of act, some rights have been vested to the tenant according to these
right the tenant shall be able to collect his uncut, and standing crops from the fields before
ejectment
9. Preclude Remarks
To conclude i can say that ejectment of the tenant is a legal right of landowner if the tenant
gets failed to comply the rules and regulations of the agreement. Punjab Tenancy Act 1991
has vest some rights to the landlord as well as to tenant in order to maintain smooth social
operations among the citizens of the state.
Q. 3: Discuss the of right of occupancy under the Punjab
Tenancy Act.
1. Preface
The right of occupancy is a document of occupancy which grants to acquire an immoveable
property of the government and it is given by the superior authority of the state. However
such acquisition of land is regulated under the provisions of Punjab Tenancy Act 1991. The
holder of certificate of occupancy is entitled to do whatever he wants with the land for
example freedom of cultivation of any seed or rent it out etc.
2. Relay Section
Section 5, 7, 8, 9 and 10 of the Punjab Tenancy Act 1991 deals with right of occupancy.
3. Interpretation of Right of occupancy

The right of occupancy is such right where a person is entitled to build houses, grazes on the
government land, and a person who is not the owner of the property
4. Persons who can establish right of occupancy

Following are the persons who can establish the right of occupancy. Details are as under.
1) Hereditary tenant
Under the Punjab Tenancy Act 1991, the hereditary tenant is such person who can
acquire right of occupancy on land.
Who may be hereditary tenant?

1. The person who is Settled in the land since more than two generations
2. The person who is settled in the land more than 20 years of time period
3. The person who is settled in the land but do not pay the rent of land but revenue
tax
2) Landlord
Under the Punjab Tenancy Act 1991, the landlord is such person who can acquire right of
occupancy on land.
Who may be landlord?

1. The person who ever was the owner of the property
2. The person whose ownership was ceased by the government other than voluntarily
as well as forfeiture of property by government
3. The person who continuously occupying the land since he was ceased as owner
3) Inhabitants
Under the Punjab Tenancy Act 1991, the inhabitant is such person who can acquire right
of occupancy on land.
Who may be inhabitant?
1. The person who is settled in the land since Oct 1968 as a cultivator of land or as
resident in the land
2. The person who is settled in the land since Oct 1968 as resident in the land
3. The person who continuously occupying the land since 1968
4) Jagidar
Under the Punjab Tenancy Act 1991, the jagirdar is such person who can acquire right of
occupancy on land.
Who may be jagirdar?

1. The person who is political person of the state
2. The person who is jagirdar of the land not less than 20 year of time period
3. The jagirdar who continuously occupying the land since 20 years of period
5. Right of Occupancy on other grounds

Under the provision of Punjab Tenancy Act 1991, it is mentioned that no one can establish
the right of occupancy on the base of other grounds which has been prescribed in the act.
6. Right of occupancy on the base of laps of time

Under the provision of Punjab Tenancy Act 1991, it is mentioned that the right of occupancy
cannot be established on the base of laps of time until tenant qualifies as hereditary tenant,
lord, inhabitant or jagirdar and occupying the same land not less than the period of 20 years
for which right of occupancy is raised by the tenant.
7. Right of occupancy in joint ownership

Under the provision of Punjab Tenancy Act 1991, it is mentioned that any one of the joint
owners of a land cannot acquire the right of occupancy on such land which is owned by
multiple owners of it.
Case law
It was held that the possession of a tenant as co-tenants of a land for a few year does not
provides right of occupancy on the other co-tenants of the land
8. Right of occupancy in case of exchange of right

Under the provision of Punjab Tenancy Act 1967, it is mentioned that if any tenant voluntarily
exchanges the land on the place of other land, in this case all the rights will be along with the
tenant which were along with him for the previously changed land.
9. Rights of tenant
Following are the rights of tenants. Details are as under.
1. Right to cultivation
Under the provision of act, the tenant has been vested with the right of cultivation of
land; he can cultivate everything on the land such as maize, wheat or whatever he wants.
2. Right of division of production

Under the provision of act, the tenant has been vested with the right of division of
production of the land and everything would be divided among all the co-tenants
3. Right of possession
Under the provision of act, the tenant has been vested with the right of possession of of
the land and rent also will be paid by co-tenants equally.

To conclude I can say that under the Punjab Tenancy Act 1991 the acquisition of right of
occupancy can only be established by four ways, one of them is based on hereditary tenancy,
lordship, inhabitation or in case when a person is jagirdar of a state. It is also provided that
no one can establish the right of occupancy on the basis of laps of time only.
Pre emption act
Q. 1: What are the guidelines prescribed by the law for

the determination of market value of the property?
1. Preface
Under the pre-emption act 1991, Land acquisition refers to the process by which government
forcefully acquires private property for public purpose without the consent of the land
owner. In this case the court is empowered to evaluate the market price of the neighborhood
land. This act has provided certain guidelines in this regard.
2. Relay Section
Section 27 & 28 of the Pre-emption Act 1991 deals with the market value of the land.
3. Interpretation of Market Value

Market value is meant the estimated amount of the property at the time of sale upon which
both seller and buyer are agreed.
4. Determination of Market Value

Under the Pre-emption Act 1991, following are the parameters which would be considered
during determination of the market value of the property to compensate the owner. Following are
the some positive factors and negative factors which shall be considered by the court.
A. Positive factors to be determined

Following are the some positive factors for determination
1) Value of neighborhood land

During the determination of the market value of the property, the court will kept in mind
the value of neighborhood land which is very attached to his land.
2) Smallness of Size
the smallness of size of the property.
3) Nearness to a road
the nearness of the property to a road.
4) Nearness to developed area

the nearness of the property to a developed area.
5) Frontage on a road
the frontage on a road.
6) Regular shape
the regular shape of the property.
B. Positive factors to be determined

Following are the some negative factors for determination
1. Largeness of area
the largeness of size of the property.
2. Distance from the road

the distance of the property from the land.
3. Distance from the developed area

the distance of the property from developed area.
4. Small frontage of land

the smallness of frontage of the property.
5. Irregular shape
the irregular shape of the property.
6. Some special disadvantageous factors

some special disadvantages of land which would deter purchaser.
5. When market value is determined

Under the provision of act, market value of the land is determined at that time when one of
the seller or buyer is not agreed upon the price of the land in this case one of them files a
case in the court for determination of the market value of the property.
6. Objective of determination of market value

Following are the some objectives of determination of market value in favor of owner as
well as pre-emptor.
1. Provision of fair compensation

Under the Pre-emption act 1991, the main objective of determination of market value of
the property is to provide fair and justice price of the land the owner whose land has been
acquired by the government for public purposes.
2. Settlement of owner
Under the Pre-emption act 1991, another objective of determination of market value of
the property is to help the owner to sustain in future whose land has been acquired by
thegovernment for public purposes.
3. Check on government
Under the Pre-emption act 1991, another objective of determination of market value of
the property is to control the government acts so that the government may not use his
power unlawfully and violate the rights of the citizen by acquiring the land on law prices.
7. Preclude Remarks
To conclude i can say that the market value of the property is determined by the court of law
on the request of either party and court is empowered to evaluate the value of the property
of the land by using different principles for the same.
Q. 2: What are the essentials requirements to demand a
right of pre-emption?
1. Preface
Under the pre-emption act 1991, right of pre-emption is a legal right to purchase a particular
property from the owner before it is offered to any other person. This right is acquired by
demand from a person who has right of pre-emption. If the demand is not made by the preemptor
in this case the right of pre-emption will come to end.
2. Relay Section
Section 13 of the Pre-emption Act 1991 deals with the essentials requirements to demand
right of pre-emption
3. Interpretation of Pre-emption
Right of pre-emption is such right which comes into existence at the time of sale of property
before it is offered to other person by the owner
4. Persons who qualify for right of pre-emption

Following are the persons who qualify for the right of pre-emption.
1. Everyone who is Male, qualifies to acquire the right of pre-emption
2. Everyone who is Female, qualifies to acquire the right of pre-emption
3. Everyone who is Minor, qualifies to acquire the right of pre-emption
4. Everyone who is Major, qualifies to acquire the right of pre-emption
5. Everyone who is Owner, qualifies to acquire the right of pre-emption
6. Everyone who is agent of owner, heir of owner, qualifies to acquire the right of pre-emption
5. Essentials for demand of right of pre-emption

Following are the essentials of demand of right of pre-emption. If pre-emptor does not make a
demand of his right in this case such right will come to an end.
1) Talab-e-Muwathbat
Talab-e- Muwathbat is meant when pre-emptor comes to know about the sale of property
upon which he has a right of pre-emption, he immediately makes a demand for preemption
and shows his intention to get the property
Conditions
Some conditions have been imposed on Shafi for making a demand for right of
pre-emption. Talab is demanded:
1. When shafi comes to know about the sale of property

2. When sale is completed
3. Whenever he knows about facts in any meeting
2) Talab-e-Ishad
Talab-e-Ishad is meant when pre-emptor comes to know about the sale of property by
acquisition an evidence from an authentic source, in this case as soon as possible he shall
send a notice attested by two truthful witnesses within the two weeks from the date of
knowledge and show his intention to get the property by exercising this right
Conditions
pre-emption. Talab-e-Ishad:
1. It should be made within two weeks after knowledge
2. It should be made either in writing or oral
3. There should be minimum two witnesses
3) Talab-e-Khusumat
Talab-e-khusumat is meant pre-empotr comes to know about the sale of property and file
a case in the court to demand his right of pre-emption and show his intention to get the
property by exercising this right
Conditions
pre-emption. Talab-e-Khusumat:
1) It should be made within 120 days after Talab-e- Ishad
2) It should be made before the competent court of law
6. When Right of pre-emption arises

On the sale of following properties the right of pre-emption arises and pre-emption can claim this
right according to the law.
1. On sale of Agricultural property
2. On sale of Village Immoveable property
3. On sale of urban immoveable property
7. Method of distribution in case of more than one preemptors

Under the Pre-emption act 1991, if there are a number of pre-emptors who have claimed
their right of pre-emption, in this case the property pre-empted shall equally be distributed
among all the persons who have claimed for it.
8. In case of death of pre-emptor
Under the pre-emption act 1991, in case of death of pre-emptor or pre-emptors who had
claimed their rights of pre-emption, such right would be transferred to their legal heirs if any.
9. Extinction of right of pre-emption

Following are the ways when right of pre-emption is distinguished.
1) In case of death of pre-emptor
2) In case of failure to deposit the prescribed amount
3) In case of time barred
4) In case of invalidity of pre-emptor
5) In case of waiving his right by pre-emptor
10. Limitation on demand of pre-emption

Following are the some limitations which have been imposed on demand of pre-emption.
If the transfer of land is not complete sale
If transferee has superior right of pre-emption
If time has been barred
If pre-emptor is not entitled for such right

To conclude i can say that pre-emption is a right which has been vested to shafi who can
acquire this right by way of demand, there are certain types of demand such as immediate
demand, demand by evidence and demand by suit in court. Pre-emptor can demand if he
lawfully is entitled to use this right.
Q. 1: Define Pre-Emption. What are the qualification for
acquisition of pre-emption and discuss the persons who
are entitled to claim this right?
1. Preface
Under the pre-emption act 1991, right of pre-emption is a legal right to purchase a particular
property from the owner before it is offered to any other person. This right comes into
existence if owner wants to sale his property if he wants to gift, devotes or gives his property
on lease; in this case this right will not come into force.
2. Relay Section
Section 6 of the Pre-emption Act 1991 deals with the right of pre-emption
3. Interpretation of Pre-emption
Right of pre-emption is such right which comes into existence at the time of sale of property
before it is offered to other person by the owner
4. Persons who qualify for right of pre-emption

Following are the persons who qualify for the right of pre-emption.
1. Everyone who is Male, qualifies to acquire the right of pre-emption
2. Everyone who is Female, qualifies to acquire the right of pre-emption
3. Everyone who is Minor, qualifies to acquire the right of pre-emption
4. Everyone who is Major, qualifies to acquire the right of pre-emption
5. Everyone who is Owner, qualifies to acquire the right of pre-emption
5. Persons who can claim right of pre-emption

Following are the persons who can claim right of pre-emption under this act.
1) Shafi Shareek
Shafi Shareek is a person who is co-owner of the joint immoveable property which is being
sold, in case of sale of such property, the co-owner is entitled to claim pre-emption for
acquisition of such property by way of law before it is offered to another person.
2) Shafi Khaleet
Shafi Khaleet is a person who has some rights such as right of way, right of light or right of
water flow attached with the immoveable property which is being sold, Such person is
called shafi khaleet who is entitled to claim pre-emption for acquisition of such property
by way of law before it is offered to another person for sale
Conditions
Some conditions have been imposed on Shafi Khaleet for acquisition of right of
pre-emption. Details are as under.
A. Shafi Shareek
Shafi Khaleet only can acquire the right of pre-emption if there is no shafi
shareek.
B. Shafi Shareek waived his right

Shafi Khaleet only can acquire the right of pre-emption if the shafi shareek
has waived his right.
3) Shafi jar
Shafi Jar is a person whose immoveable property is adjacent with the that immoveable
property which is being sold, Such person is called shafi Jar who is entitled to claim preemption
for acquisition of such property by way of law before it is offered to another
person for sale
Conditions
Some conditions have been imposed on Shafi Jar for acquisition of right of preemption.
Details are as under.
A. Shafi Shareek and Khaleet

Shafi Jar only can acquire the right of pre-emption if there are no shafi
shareek and shafi Khaleet
B. Shafi Shareek and khaleet waived his right

Shafi Khaleet only can acquire the right of pre-emption if the shafi shareek
and khaleet have waived their right.
6. When Right of pre-emption arises

On the sale of following properties the right of pre-emption arises and pre-emption can claim this
right according to the law.
1. On sale of Agricultural property
2. On sale of Village Immoveable property
3. On sale of urban immoveable property
7. Method of distribution in case of more than one preemptors

Under the Pre-emption act 1991, if there are a number of pre-emptors who have claimed
their right of pre-emption, in this case the property pre-empted shall equally be distributed
among all the persons who have claimed for it.
8. In case of death of pre-emptor
Under the pre-emption act 1991, in case of death of pre-emptor or pre-emptors who had
claimed their rights of pre-emption, such right would be transferred to their legal heirs if any.
9. Extinction of right of pre-emption

Following are the ways when right of pre-emption is distinguished.
1) In case of death of pre-emptor
2) In case of failure to deposit the prescribed amount
3) In case of time barred
4) In case of invalidity of pre-emptor
5) In case of waiving his right by pre-emptor
10. Objectives of pre-emption

Following are the objectives of right of pre-emption.
1. To discourage the strangers
2. To protect the owner from discrimination
3. Provision of easement to the shafi’s

To conclude i can say that pre-emption is a right which has been vested to shafi who can
acquire this right in case of sale of agricultural land, village immoveable property or urban
immoveable property. There are three kinds of pre-emptors such as Shafi Khaleet, shafi
Shareek and Shafi Jar.
‫آپ سب کی دعاؤں کا ہمہ وقت طلب گار‬
‫لیکچرار‪ :‬مــبشراقبال‬
‫ایڈووکیٹ ھائی کورٹ‬
‫‪LL.B, LL.M, MSC, Dipl Communication Skills‬‬
‫آفس‪ :‬فاطمہ اینڈ اقبال الء چیمبر الھور‬

‫ایڈریس‪ :‬ھجویری ٹاور بیسمنٹ ‪ 01-B‬چوبرجی چوک لوئرمال‬
‫الھور‬
‫‪Call No: 0300-0096491‬‬

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The Innovative Law Academy

LLB Notes Part 2

According to HEC Law Syllabus

LAND REVENUE ACT/ PRE-EMPTION / TENANCY ACT

Lecturer: Mobushar Iqbal Chohan

Advocate High Court

Office: Fatima & Iqbal Law Chamber Lahore

YouTube/Law and Communication skills

Facebook/Innovative law academy

I Am Very Thankful To You All

Your Well Wisher

Lecturer: Mobushar Iqbal

ADVOCATE HIGH COURT

CELL NO: 0300-0096491

OFFICE : F ATIMA & IQBAL LAW CHAMBER LAHORE

INNOVATIVE LAW ACADEMY LAHORE

3. Interpretation of Question of title

4. Essentials of Question of title

4) Dispute between the parties

5. Authorities who can dispose of question of title

7. Position of revenue officer

1) Act as Revenue officer

2) Act as Revenue court

3) Act as Civil court

8. Limitations on revenue officer

2. Fixation of time period

9. Procedure for disposal of question of title

1. Stay the proceedings

2. Suspension of the proceedings

3. Failure of party to file civil case

4. After decision of civil court

11. Preclude Remarks

4. Authorities who can review

5. Cases when review is allowed

4. Decision without opportunity to defendant

9. Revision on other grounds

6. Cases When review is not allowed

4. Basis of Partition of holding

5. Procedures of Partition of land

3. Question of the title

6. Application for partition

7. Partition of agriculture land

8. Persons entitled to partition

2. Co-tenants of the same property

3. Widow is entitled to partition

9. Persons not entitled to partition

2. A person who neither an owner nor a tenant

3. Interpretation of Arrears of land

4. Procedures of recovery of land revenue

Exceptions from arrest

4) if the amount has been paid by the landowner

4. By selling immoveable property

5. By Seizure of immoveable property

6. By seizure of moveable property

6. Upon whom land revenue is imposed

3. Interpretation of Record of rights

4. Information available in record of rights

2. Details of charges of attachment and decrees imposed by civil court or authorities of

3. Details of loan taken by the owners