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      • 1. Title and commencement.
      • 2.
      • 3. Definitions.
      • 4. Categories of muafis and jagirs.
      • 5. Basic principles for the resumption of muafis and Jagiris.
      • 6. Duties of Collector in connection with assignments.
      • 7. Procedure.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Issue of Kisan Pass Book.
      • 4. Contents of Kisan Pass Book.
      • 5. To make the pass book up-to-date.
      • 6. Cost of Kisan Pass Book.
      • 7. Periodicity of Kisan Pass Book.
      • 8. Account of Pass Book.
      • 1.
      • 2.
      • 3.
      • 4.
      • 5.
      • 6.
      • 7.
      • 8.
      • 9.
      • 10. Repeal and Savings.
      • 1. Short title and commencement.
      • 2. Definition.
      • 3. Unit of assessment.
      • 4. Classification of Land.
      • 5. The basis of net assets.
      • 6. Adjustment to be made.
      • 7. Conversion of estimates from produce to money value and prices to be adopted in the process.
      • 8. Estimates of net assets based on cash rents.
      • 9. Abnormal rents.
      • 10. Estimates of net assets.
      • 11. Miscellaneous in come.
      • 12. Estimates of true net assets.
      • 13. Forecast report.
      • 14. Publication of proposals.
      • 15. Inspection of estates.
      • 16. Draft assessment report.
      • 17. Abstract of assessment report to be published.
      • 18. Final report.
      • 19. Approval of the State Government.
      • 20. Assessment of particular estates.
      • 21. Progressive assessments.
      • 22. Distribution of assessment over holdings.
      • 23. Exemption of land benefited by improvement from enhancement.
      • 24. Remission of revenue when wells fall out of use.
      • 25. Period of exemption for wells to be fixed at settlement.
      • 26. Grant of exemption certificates at settlement.
      • 27. Grant of certificate at other times.
      • 28. Exemption of reclaimed waste lands.
      • 29. Order of assessment for each estate.
      • 30. Announcement of assessment.
      • 31. Calculation of incidence.
      • 32. Repeal and Savings.
      • 1. Short title.
      • 2. Definitions.
      • 3. Unit of assessment.
      • 4. Division of sites into categories Section 4(12-A).
      • 5. Categories of sites to be grouped into classes Section 4(12-A)
      • 6. Net letting value to be calculated on the basis of selected representative sites Section 4(12-A).
      • 7. Factors to be considered in calculating net letting value Section 4(12 A).
      • 8. Furnishing of information Section 4(12-A)
      • 9. Calculation of net letting value Section 4(12-A)
      • 10. Determination of average market value of sites (Section 50(b) (ii)
      • 11. Scale of special assessment (Section 50).
      • 12. Area to be assessed.
      • 13. Inspection of certain estates.
      • 14. Preparation of special assessment reports Section 64(b).
      • 15. Abstract of assessment report to be published after its preliminary approval by Financial Commissioner.
      • 16. Devisation allows.
      • 17. Distribution of special assessment over holdings.
      • 18. Formal announcement of special assessment.
      • 19. Duration of special assessment.
      • 20. Power of Settlement Officer to incorporate additional necessary information in the prescribed forms.
      • 21. Area to be measured in case of doubt Section 64(b).
      • 22. Scales of special assessment to be applied to new land put to non-agricultural use during the currency of the special assessment Section 64(b).
      • 1. Title, extent and commencement.
      • 2. Repeal.
      • 3. Savings.
      • 4. Definitions.
      • 5. Exclusion of certain land from operation of Act.
      • 6. Power to vary limits and alter number of tehsils, sub-tehsils, districts and divisions.
      • 7. Classes of Revenue Officers.
      • 8. Financial Commissioner.
      • 9. Appointment of Commissioners, Deputy Commissioners, Assistant Commissioners and Extra-Assistant Commissioners.
      • 10. Appointment of Tehsildars and Naib-Tehsildars.
      • 11. Powers of Revenue Officers.
      • 12. Superintendence and control of Revenue Officers.
      • 13. Powers to distribute business and withdraw and transfer cases.
      • 14. Appeals.
      • 15. Limitation for Appeals.
      • 16. Review by Revenue Officers.
      • 17. Power to call for, examine and revise proceedings of Revenue Officers.
      • 18. Power to make rules as to procedure
      • 19. Persons by whom appearances and applications may be made before and to Revenue Officers.
      • 20. Power of Revenue Officer to summon persons.
      • 21. Mode of service of summons.
      • 22. Mode of service of notice, order or proclamation, or copy thereof.
      • 23. Mode of making proclamation.
      • 24. Place of sitting.
      • 25. Holidays.
      • 26. Discharge of duties of Collector dying or being disabled.
      • 27. Retention of powers by Revenue Officers on transfer.
      • 28. Conferment of powers to Revenue Officer.
      • 29. Rules respecting kanungos and village officers.
      • 30. Village officer's cess.
      • 31. Restriction on attachment or assignment of remuneration of kanungos and village officers.
      • 32. Record-of-rights and documents included therein.
      • 33. Making of special revision of record-of-rights.
      • 34. Periodical record.
      • 35. Making of that part of the periodical record which relates to land-owners, etc. assignees of revenue and occupancy tenants.
      • 36. Making of that part of the periodical record which relates to other persons.
      • 37. Determination of disputes.
      • 38. Restrictions on variations of entries in records.
      • 39. Mutation fees.
      • 40. Penalty for neglect to report acquisition of any right referred to in section 35.
      • 41. Obligation to furnish information necessary for the preparation of record.
      • 42. Right of the Government in mines and minerals.
      • 43. Presumption as to ownership of forests, quarries and waste lands.
      • 44. Compensation for infringement of rights of third parties in exercise of right of the Government
      • 45. Presumption in favour of entries in records-of-rights and periodical records.
      • 46. Suit for declaratory decree by persons aggrieved by an entry in a record.
      • 47. Powers to make rules respecting records and other matters connected therewith.
      • 48. Record-of-rights and periodical records for groups of estates.
      • 49. Assessment of land revenue.
      • 50. Basis of assessment.
      • 51. Limit of assessment.
      • 52. Notification of intended re-assessment and instructions as to principles of assessment
      • 53. Mode of determining assessment.
      • 54. Announcement of assessment
      • 55. Application for reconsideration-of assessment
      • 56. Confirmation and duration of assessment.
      • 57. Duration of assessment
      • 58. Assessment to remain till new assessment takes effect.
      • 59. Refusal to be liable for assessment of an estate and consequences thereof.
      • 60. Distribution of the assessment of an estate over the holdings comprised therein.
      • 61. Application for amendment of the distribution of an assessment.
      • 62. Appeals from orders under sections 55 and 61.
      • 63. Special assessment.
      • 64. Power to make rules.
      • 65. Procedure to be followed in making rules.
      • 66. Rules and executive instructions issued before commencement of this Act, to be followed for the purpose of assessment operations begun before issue of rules made under the provisions of section 65.
      • 67. Power to issue instructions.
      • 68. Security for payment of land revenue.
      • 69. Further security for payment of land-revenue.
      • 70. Orders to regulate payment of land-revenue.
      • 71. Rules to regulate collection, remission and suspension of land-revenue.
      • 72. Cost recoverable as part of arrear.
      • 73. Certified account to be evidence as to arrear.
      • 74. Process for recovery of arrears.
      • 75. Writ of demand.
      • 75A. Arrest and detention of defaulters.
      • 76. Distress and sale of movable property and crops.
      • 77. Transfer of holding.
      • 78. Attachment of estate or holding.
      • 79. Annulment of assessment,of estate or holding.
      • 80. Proclamation of attachment or annulment of assessment and consequence of the proclamation.
      • 81. Sale of estate or holding.
      • 82. Effects of sale on encumbrances.
      • 83. Proceedings against other immovable property of defaulter.
      • 84. Remedies open to person denying his liability for an arrear.
      • 85. Proclamation sale.
      • 86. Indemnity to Revenue Officer with respect to contents of proclamation.
      • 87. Publication of proclamation.
      • 88. Time and conduct of the sale.
      • 89. Power to postpone sale.
      • 90. Stay of sale.
      • 91. Payment of deposit by highest bidder.
      • 92. Consequences of failure to pay deposit.
      • 93. Time for payment in full.
      • 94. Procedure in default of payment.
      • 95. Report of sale to Commissioner or Financial Commissioner
      • 96. Application to set aside sale.
      • 97. Order confirming or setting aside sale.
      • 98. Refund of purchase money on setting aside of sale.
      • 99. Proclamation after postponement or on resale.
      • 100. On confirmation of sale, possession and certificate to be granted to purchaser.
      • 101. Proceeds of sale.
      • 102. Recovery of certain arrears through Revenue Officer instead of by suit.
      • 103. Other sums recoverable as arrears of land revenue.
      • 104. Recovery of arrears due from co-sharers paid by Nambardar.
      • 105. Application of Chapter VI to sums recoverable under this Chapter.
      • 106. Power of Financial Commissioner to make rules for demarcation of boundaries and erection of survey marks.
      • 107. Power of Revenue Officers to define boundaries.
      • 108. Power to fix boundary between riverain estates.
      • 109. Effect of fixing a boundary between riverain estates.
      • 110. Application for immediate transfer of rights reserved under the proviso to sub-section (1) of section 109 upon payment of compensation and procedure thereupon. Award of compensation and extinguishment of rights thereby.
      • 111. Order under the proviso to sub-section (1) of section 109 to cease to apply to rights voluntarily transferred to a land-owner of the estate to which the land is transferred by fixing boundary.
      • 112. Rights transferred to be liable to all the incident of tenure of the estate to which the transfer is made.
      • 113. Meaning of the expression "Collector" in sections 108 to 110.
      • 114. Cost of erection and repair of survey-marks.
      • 115. Recovery of cost incurred by the Government.
      • 116. Power of Revenue Officers to enter on land for purpose of survey and demarcation.
      • 117. Surveys for purpose of preparation of records.
      • 118. Provision of flag-holders and chain-men for those surveys.
      • 119. Professional surveys.
      • 120. Penalty for destruction, injury or removal of survey-marks
      • 121. Report of destruction or removal of or injury to survey-marks.
      • 122. Effect of partitions of estates and tenancies on joint liability for revenue and rent.
      • 123. Application for partition.
      • 124. Restrictions and limitations on partition.
      • 125. Notice of application for partition.
      • 126. Addition of parties to application.
      • 127. Absolute disallowance of partition.
      • 128. Procedure on admission of application.
      • 129. Disposal of questions as to title in property to be divided.
      • 130. Disposal of other questions.
      • 131. Administration of property excluded from partition.
      • 132. Distribution of revenue and rent after partition.
      • 133. Instrument of partition.
      • 134. Delivery of possession of property allotted on partition.
      • 135. Affirmation of partition privately affected.
      • 136. Estimates and levy of costs.
      • 137. Re-distribution of land according to customs.
      • 138. Officers who may be empowered to act under this Chapter.
      • 139. Power to refer to arbitration.
      • 140. Order of reference and contents thereof.
      • 141. Nomination of arbitrators.
      • 142. Substitution of arbitrators by parties.
      • 143. Nomination and substitution of arbitrators by Revenue Officers.
      • 144. Process for appearance before arbitrators.
      • 145. Award of arbitrators and presentation thereof.
      • 146. Procedure on presentation of award.
      • 147. Effect of award.
      • 148. Power to invest officers making records-of-rights or general re assessments with powers of Civil Courts.
      • 149. Control over such officers and appeals from and revision of their decree and orders.
      • 150. Power to deposit certain sums other than rent.
      • 151. Procedure in case of deposit on account of a payment due to Government.
      • 152. Procedure in case of other deposits.
      • 153. Orders of Civil and Criminal Courts for execution of processes against land or the produce thereof to be addressed to Revenue Officer.
      • 154. Attachment of assigned land-revenue.
      • 155. Preservation of attached produce.
      • 156. Division of produce.
      • 157. Village cesses.
      • 158. Superior land owners dues.
      • 159. Substitution of service for payment of land revenue.
      • 160. Recovery of cost of assessing assigned land-revenue.
      • 161. Power to cancel the remission or assignment of land-revenue.
      • 162. Penalty for failure to attend within limits of estate in obedience to order of Revenue Officers.
      • 163. Prevention of encroachment on lands.
      • 164. Papers kept by village officers to be deemed public documents.
      • 165. Costs.
      • 166. Computation of periods limited for appeals and application for review.
      • 167. Restriction on Revenue Officer's bidding at auction or trading.
      • 168. Power to make rules.
      • 169. Rules to be made after previous publication.
      • 170. Powers exercisable by the Financial Commissioner from time to time.
      • 171. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue Officers.
      • 1.
      • 2.
      • 3-13.
      • 14.
      • 15.
      • 16.
      • 17.
      • 18.
      • 19.
      • 19A.
      • 19B.
      • 20.
      • 21.
      • 22.
      • 23.
      • 24.
      • 25.
      • 26.
      • 27.
      • 28.
      • 29.
      • 30.
      • 30A.
      • 30B.
      • 30C.
      • 30D.
      • 31.
      • 32.
      • 33.
      • 34.
      • 35.
      • 36.
      • 37.
      • 38.
      • 39.
      • 40.
      • 41.
      • 42.
      • 43.
      • 44.
      • 45.
      • 46.
      • 47.
      • 48.
      • 49.
      • 50.
      • 51.
      • 52.
      • 53.
      • 54.
      • 55.
      • 56.
      • 57.
      • 58.
      • 59.
      • 60.
      • 61.
      • 62.
      • 63.
      • 64.
      • 65.
      • 66.
      • 67.
      • 68.
      • 69.
      • 70.
      • 71 and 71A.
      • 72.
      • 72A.
      • 72B.
      • 73.
      • 74.
      • 75.
      • 76.
      • 77.
      • 1. Notice of Resumption of lease on cessation of inability or disability.
      • 2. Ejectment of Tenants failing to satisfy decrees for arrears of rent.
      • 3.
      • 4. Establishment of right of occupancy.
      • 5. Suits for and to contest ejectment.
      • 6. Summary of the provisions of the H.P. Tenancy and Land Reforms Act, 1972 relating to ejectment of tenants.
      • 7. The question of compensation must be decided in all ejectment and enhancement of rent suits.
      • 8. Decree not to be executed till compensation has been paid.
      • 9. Compensation for disturbance.
      • 10. Scale of compensation for disturbance.
      • 11.
      • 12. Tabular statement to be given in judgment.
      • 13. Responsibility of first Court of Appeal.
      • 1. Revenue Officer.
      • 2. Revenue Court.
      • 3. Revenue Officers and Revenue Court distinguished.
      • 4.
      • 5. Procedure of Revenue Courts.
      • 6. Time & hour of presentation.
      • 7. How filed.
      • 8. Preliminary Examination.
      • 9. Responsibility regarding Court-Fee, Stamps.
      • 10.
      • 11. Examination of plaint.
      • 12. Rules of pleading noticed.
      • 13. Joinder of parties and causes of action.
      • 14. Scrutiny of plaint relating to Agricultural land and when plaintiff is illiterate.
      • 15. Court to determine the form of summons.
      • 16. Summons to the defendant.
      • 17.
      • 18. Service by post to be the general rule.
      • 19. Service in foreign territories where no special arrangements exist.
      • 20. Cases in which Military Officer or Soldiers are concerned.
      • 21. Defendants to present a written statement.
      • 22. Written statement be accompanied by documents relied upon.
      • 23. Plaintiff may also be called upon to file a written statement.
      • 24. Each defendant as a rule file separate written statement.
      • 25. Set Off.
      • 26. General and special rules as to written statements.
      • 27. Necessity of framing correct issues.
      • 29. Main foundations for the issues.
      • 30. Procedure in framing issues.
      • 31.
      • 32.
      • 33. Amendment of pleadings.
      • 34. "Discovery" inspection and "Admission".
      • 35.
      • 36. Burden of proof.
      • 37. Main provisions with regard to the production of documents.
      • 38. List of documents.
      • 39.
      • 40. Documents produced at a later stage.
      • 41. Documents with suspicious appearance or executed on unstamped or insufficiently stamped papers.
      • 42. Distinctions between mere productions admission in evidence.
      • 43. Exhibition of documents.
      • 44. Documents how to be dealt with at the trial.
      • 45. Documents admitted by the opposite party to be endorsed and numbered.
      • 46. Inconvenience caused by neglect of foregoing direction.
      • 47. Objection as to the admissibility of relevancy of the documents.
      • 48. Mode of proof of documents.
      • 49. Examination of witnesses identifying documents.
      • 50. Signature by the pen of another.
      • 51. Proof of registered documents.
      • 52. Certified extracts from settlement records bearing on the case should be placed on record.
      • 53. Revision of Record before judgment.
      • 54. Return of documents.
      • 55. Requisitions of appellate Courts to be sent to Deputy Commissioner.
      • 56. Production of records in appellate Courts.
      • 57. Duty of Court in such matters.
      • 58. Duties of appellate courts in calling for revenue record.
      • 59. Inconveniences resulting from.
      • 60. Deputy Commissioners to bring to the notice of the Financial Commissioner the case of any officer who systematically fails to comply with the orders on the subject.
      • 61. Patwaris not to be unnecessarily summoned.
      • 62. Patwaris not to be summoned during girdawari time.
      • 63. Patwaris to be summoned through the Tehsildar, courts to furnish Patwaris with certificates showing attendance.
      • 64. During Settlement Patwaris to be examined by Commission.
      • 65.
      • 66. Expenses of Commissioners.
      • 67. Issue of Commission to Revenue Officials.
      • 68. Issue of Commissions for local investigation etc.
      • 69. Duties of Commissioners so appointed.
      • 70. Selection of Commissioners.
      • 71. As above.
      • 72. Letters of request to a foreign country.
      • 73.
      • 74. Notice of day of trial and adjournment.
      • 75. Adjournments on payment of costs.
      • 76. Witnesses should be examined on the day on which they attend.
      • 77. Court to note when each party has closed his case.
      • 78. Examination of witnesses how to be conducted.
      • 79. Cross-examination.
      • 80. Question by the court.
      • 81. General instructions as to the judgment.
      • 82. Evidence and final order to be recorded legibly.
      • 83. Judgments must be written and announced within 14 days from the date on which arguments are heard.
      • 84. Decree.
      • 85. Standard forms of decree prescribed in certain cases.
      • 86. Powers of the Court to be disclosed.
      • 87. Preparation of decree.
      • 88. Decree based on compromise.
      • 89. General.
      • 90. Copy of decree to be filed.
      • 91. Vernacular copies of English order not Required.
      • 92. Terms 'Appellant' and 'Respondent' not to be used.
      • 93. Appellate files transmitted in vernacular.
      • 94.
      • 95. Death, marriage or insolvency of parties.
      • 96. Rent suits.
      • 97. Tenure to be accurately described.
      • 98. Surveys and boundaries.
      • 99. References to High Court under section 81.
      • 100. Court hours holidays and cause lists.
      • 101. Petition Paper.
      • 102. Preparation of Records, size and quality of paper.
      • 103.
      • 1. Importance of inspections.
      • 2. Minute book of inspection.
      • 3. No. of inspections.
      • 4. Control of Commissioner over the inspecting officers in his division.
      • 5.
      • 6. Submission of copies of inspection notes to the Commissioner and Financial Commissioner.
      • 7.
      • 8. Destruction of inspection note.
      • 9. Distribution of work in tehsil office.
      • 10. Matters requiring attention at the time of inspection.
      • 11. Cases relating to Lambardars. - Register I (for Lambardars).
      • 12. Partition cases. - Register IX (page 3 Standing Order Mo. 14).
      • 13. Coercive processes (Standing Order No. 8).
      • 14. Registers for miscellaneous revenue work.
      • 15.
      • 16. Maintenance of Reference Books and Circulars.
      • 17.
      • 18. Suspensions and remissions.
      • 19. Land Revenue Accounts.
      • 20.
      • 21.
      • 22. Day Book (Tehsil Register).
      • 23. (a) Temporary excluded from rent roll.
      • 24. Other land revenue.
      • 25. The Khataunis.
      • 26.
      • 27.
      • 28.
      • 29.
      • 30.
      • 31.
      • 1.
      • 1. Quarterly business returns.
      • 2. Explanatory remarks.
      • 3. Procedure in District not under Settlement in regard to statement Nos. I to IV and in Districts under Settlement in regards to Statement Nos. I to III.
      • 4. Procedure in Districts under Settlement as regards statements IV and V.
      • 5.
      • 6.
      • 7. Return of Kanungos and other candidates under training.
      • 8. Revenue work of the District Sub-Divisional Col lectors.
      • 9. Revenue appellate work of Divisional Commissioner.
      • 1. Collection of Land Revenue.
      • 2. No fees on applications for processes by village officers.
      • 3. Recovery of dues of various departments of Government
      • 4. Issue of writs of demand under Section 15 of the H.P. Land Revenue Act.
      • 5. Period within which to be returned.
      • 6. Rate of Talband.
      • 7. Recovery of arrears.
      • 8. Talbana fee when process is issued on application of village headman.
      • 9. Punctual payments Instructions to tehsildars.
      • 10. Processes for collection of land revenue.
      • 11. Defaulters and Lambardars must pay in person.
      • 12. Register for issue of writs and warrants.
      • 13. Maintenance of Stock Register.
      • 14.
      • 15. Receipts how budgetted.
      • 16. Talbana how credited.
      • 17.
      • 18. Committal of defaulter to jail.
      • 19. Maintenance of defaulter arrested and retained.
      • 20.
      • 21.
      • 22. Report of transfer.
      • 23. Account to be kept by the Collector or agent managing land attached U/S 78 or 83 of H.P. Land Revenue Act.
      • 24.
      • 25. Application for leave to manage direct.
      • 26. Application for authority to farm.
      • 27. Security to be demanded from farmer U/S (79) of the H.P. Land Revenue Act.
      • 28. Right of survivorship when farm is held by several persons.
      • 29. Persons disqualified from being farmer or surety.
      • 30. Terms of Farmers engagement.
      • 31. Course to be followed when farm comes to an end before expiration of its term.
      • 32. Application for sale.
      • 33. Proposals for sale.
      • 34.

Standing Order No. 1 Of The Financial Commissioner Himachal Pradesh

HP075

Proceedings And Suits Between Landowners And Tenants

1. Notice of Resumption of lease on cessation of inability or disability. - The procedure connected with the issue of notices by the Revenue Officer for resumption of lands leased to lessees by landowners under sub-section (3) of section 30 of the H.P. Tenancy and Land Reforms Act, 1972, on the cessation of inability or disability as described in sub-section (1) of section 30 of the Act.

Care should be taken that the particulars required are correctly mentioned as such notices are frequently set aside owing to defects of form.

The form of notices to be used is given hereunder:-

Notices Issued By A.B. Assistant Collector Of The District

Notice of Resumption issued pursuant to the provisions of sub-section (3) of section 30 of the H.P. Tenancy and Land Reforms Act, 1972.

Person on whose application this notice is issued

C.D. (with father's name and residence)

Person on whom the notice is to be served

E.F. (with father's name and residence)

Lease to which the notice relates


(Give for each field included in the lease its number and its area, also, the total area of the lease and the estate and tehsil in which situate.)

Whereas C.D. has made an application to this office stating that he is the landowner of the lease above described, and the inability/disability, on account of which the lease aforesaid was given has ceased and he wants to resume the lease and prayed that E.F. the lessees thereof, be ejected, and

Whereas it appears from the annual record that E.F. holds as a lease of C.D., and is liable to ejectment by notice in accordance with the provisions of clause..............(here mention the relevant-clause) of sub-section (1) of section 30 of the H.P. Tenancy and Land Reforms Act, 1972. This Notice of Ejectment is issued against E.F. the said lessee, and he is hereby informed that he must vacate the land immediately after harvesting the crop then current and in case the lessee has any objection, it should be filed on............before the undersigned.

Dated at the Revenue office of

(Seal and signature of Revenue Officer),

This day of 19

2. Ejectment of Tenants failing to satisfy decrees for arrears of rent. - The ejectment of tenants who have failed to satisfy decrees for arrears of rent is provided in section 37 of the H.P. Tenancy and Land Reforms Act, 1972. Sub-section (2) of section 39 of the H.P. Tenancy and Land Reform Act, 1972 empowers a Revenue Officer the attendance of both parties before him and to take such action as may prevent the acquisition by the landowner of a valuable property for the often comparatively nominal amount of the unsatisfied arrear of rent. When the arrear remains unsatisfied on account of poverty or other reason, the retention of his holding by the tenant is not advisable. It is probable that the landowner would readily accept a suggestion that his tenant's rights including the tenant's claim to compensation under sections 49 and 52 of the H.P. Tenancy and Land Reforms Act, 1972 would be most equitably extinguished by a money payment to the tenant. An arrangement of this sort, of course, depends on the consent of the landowner but where it has been tried, it is believed that as a rule, he at once admits the fairness of the suggestion and allows the defaulting tenant half or more of the value or some other equivalent of the tenant right. The Court should keep in view the provisions of section 41 of the Act. If the injury caused by the act or omission on which the suit is based is capable of being remedied, or that an award of compensation will be sufficient satisfaction to the landowner, therefore, the court may order the tenant to remedy the injury within a specified period instead of ordering his ejectment.

3. The Collectors should impress upon the Revenue Officers of their districts, that the provisions of the H.P. Tenancy and Land Reforms Act are worked considerately. When a landowner seeks to eject a tenant because of an unsatisfied decree of arrears of rent a class of case in which the law is sometimes mechanically enforced the provisions of sub-section (2) of section 39 should be sympathetically applied. In all such cases, the Revenue Officer concerned should cause the defaulting tenant served with a notice to appear before him personally. On his appearance, the tenant should be clearly warned-of the danger of his ejectment. If the difference between the arrears of rent due and the value of the tenant's right is great, the Revenue Officer should endeavour to effect some compromise between the parties. The form of notice required to be served on the tenant is prescribed below:

Notice Issued By A.B. Assistant Collector Of The District.........................

Notice of ejectment issued pursuant to the provisions of sub-section (1) of section 39 of the H.P. Tenancy and Land Reforms Act, 1972.

Landowner on whose application this notice is issued.

C.D. (with father's name and residence)

Tenancy on whom this notice is to be served.

E.F. (with father's name and residence)

Tenancy to which the notice relates. (Give for each field included in the tenancy its number and its area, also of the tenancy and the estate and tehsil in which situate).


Whereas on the.....................day of................19.............in the Court of............at.................a decree for Rs...................and cost Rs............on account of an arrear of rent due in respect of the tenancy above described was passed in favour of the C.D., landowner-plaintiff against E.F., tenant-defendant, whereas a sum of Rs............is still due under this decree as set out in the account annexed.

This Notice of Ejectment is issued against E.F. the said tenant, and he is hereby informed that if he does not pay to this office the said amount of Rs....................which is still due under the decree, within fifteen days from the receipt of this notice, he will be ejected from the said tenancy.

Dated at the Revenue Office of

this day of 19

(Seal and Signature of Revenue Officer)

Account Of Sums Due Under The Decree

Amount of decree......................................Rs.

Cost decreed against defendant...............Rs.

Cost of execution to date...........................Rs.

Total Rs. ..........

Paid by defendant.

Balance now due. ..........

4. Establishment of right of occupancy. - In connection with suits to establish right of occupancy, paragraphs 208-211 of the Settlement Manual and paragraph 800 of the Land Administration Manual may be consulted.

When Revenue Court passes a judgment giving a right of occupancy, the decree should invariably specify the section and clause which define the class of right affirmed.

5. Suits for and to contest ejectment. - Suits (a) by landowners for the ejectment of tenants and (b) tenants to recover possession or to obtain compensation in case of wrongful ejectment are dealt with in paragraphs 801-805 of the Land Administration Manual.

6. Summary of the provisions of the H.P. Tenancy and Land Reforms Act, 1972 relating to ejectment of tenants. - The following summary of the provisions of the H.P. Tenancy and Land Reforms Act, 1972 so far as it deals with the ejectment of tenants may prove useful to Revenue Officer:-

(a) a notice of ejectment can only be served by a Revenue Officer in the five months between 16th June and 15th November;

(b) if compensation is found to be due, the Revenue Officer is bound to stay ejectment until it is paid (Section 51);

(c) save in accordance with the provisions of section 40, an order of ejectment can only be executed between 1st May and 15th June.

7. The question of compensation must be decided in all ejectment and enhancement of rent suits. - The provisions of section 51 of the H.P. Tenancy and Land Reforms Act, 1972 by which the Court is required to direct the tenant to file a statement of his claim, if any, to compensation for improvements or for disturbance and of the grounds thereof, are obligatory as mentioned in paragraph 804 of the Land Administration Manual, and should be observed in all suits brought by tenants to contest liability to ejectment or by landowners to eject tenants or enhance their rent.

8. Decree not to be executed till compensation has been paid. - In suits to contest liability to ejectment the court is bound if the tenant fails to direct his ejectment by its decree. But, if a Court directs the ejectment of a tenant, it is further bound to determine the amount of compensation due to the tenant and to stay execution of the decree until the landowner pays into Court that amount less any arrears of rent or costs proved to be due to him from the tenant.

The subject of compensation for improvements is dealt with in paragraphs 71, 72, 74-78 of the Land Administration Manual.

9. Compensation for disturbance. - Revenue Courts must not overlook the question of compensation for disturbance that is due to a tenant (other than a joint owner of the land in suit) who has cleared and brought under cultivation waste land in which he does not enjoy a right of occupancy. Compensation on this account is due in addition to any compensation for improvements but only if the tenant is ejected from the land. Paragraph 73 of the Punjab Land Administration Manual explains in detail the circumstances for payment of compensation for disturbance.

10. Scale of compensation for disturbance. - In dealing with the claims of tenants for compensation on account of disturbance, Revenue Officer and Courts should comply with the provisions of section 50 of the H.P. Tenancy and Land Reforms Act, 1972, which prescribes the maximum scale for such compensation. The sum actually awarded is to be determined on the merits of each case.

11. Paragraphs 807 and 808 of the Land Administration Manual lay down the guidelines for dealing with suits for arrears of rent.

It is generally seen that in these suits sufficient use is not made of the documentary evidence available in the patwaris record and registers. The outturn of each class of land has to be ascertained with due care. In such suits it is necessary, therefore, to have a finding on each of the following points:-

(a) The area under each kind of crop grown in the harvest for which the rent is claimed.

(b) The approximate gross outturn.

(c) The share of the produce after deducting Kamiana and reapers dues, if any, to which the landowner is entitled.

(d) The prices at which the landowner's share should be commuted.

For achieving this objective the following guidelines are laid down:-

(i) Information under head (a) can be obtained from the khasra girdawari.

(ii) Courts should insist on landowners claiming arrears of rent in kind to file with their plaints not only the usual extracts from the jamabandi, but also one from the khasra girdawari for the harvests for which the suit is filed.

(iii) Patwaris should also be directed to note on the extract from the jamabandi the amount of demand payable for the land in dispute for each harvest, the land revenue and cesses being shown separately. The areas to be ascertained as under each crop will, of course, be that under matured crops, failed crops (kharaba) being deducted.

Information under head (c) above can be had from the extract of the jamabandi which should show in the rent column the share of the produce due to the landowner.

Paragraphs 807 and 808 of the Land Administration Manual provide the guiding principles in regard to information on (b) and (d) above.

Important. - Collectors should stress upon Tehsildars to send a copy of the harvest prices recorded for each assessment circle to each Revenue Court every six months.

12. Tabular statement to be given in judgment. - Every judgment in which a decree is passed for arrears of rent payable in kind should contain a statement in the following form, showing the process by which the decree has been arrived at:-

Village

Assessment Circle

Harvest

Crops

Soil

Matured area

Average out turn per acre

Gross out turn

Deduction for Kamianas etc.

Landowners share

Average price by circle notebook

Value of land owner's share

1

2

3

4

5

6

7

8

9

10

For sufficient reasons, the amount calculated at the circle rate of outturn can be departed from. The harvest may have been above or below a normal yield owing to exceptionally good or bad rainfall or irrigation. Such reasons must be taken into consideration before deciding on the amount to which the landowner is entitled. It is not intended to bind the courts to hard and fast rules, or to insist that all rents should be decreed by mere rule of thumb. All that is stressed upon the Revenue Courts is that they shall have before them such data as are available for right decision in suits of this kind and that they shall make an intelligent use of them.

13. Responsibility of first Court of Appeal. - All Appellate Courts should insist that the particulars set forth in paragraphs 8 and 9 above shall always be contained in the judgement of the court of first instance.

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