Dakheelkar occupancy tenant--- A tenant who has been recorded in periodical record of right before 21.10.1868 and has been in possession upon the land about 20 years prior to promulgation of the said Act is termed as.........

Case Laws October 22, 2024

Dakheelkar occupancy tenant--- A tenant who has been recorded in periodical record of right before 21.10.1868 and has been in possession upon the land about 20 years prior to promulgation of the said Act is termed as occupancy tenant whereas tenant who does not fulfil (naeem)the said condition is debarred to claim right of occupancy tenancy and any entry in the revenue record made contrary to the above does not create any right.

The revenue hierarchy without following the procedure prescribed in Sections 5 & 6 of the Punjab Tenancy Act, 1887 is granting proprietary (naeem)rights to many persons in the province on the basis of The Punjab Conferment of Proprietary Rights on Occupancy Tenants and Muqarraridars Act, 2012 and also ignoring the definition of “occupancy tenant” mentioned in Section 2(b) of the Act, 2012 ibid. The act of the revenue hierarchy is not only unwarranted but also illegal and unlawful which is required to be addressed. (naeem)Thus, a copy of this judgment be transmitted to the Senior Member, Board of Revenue, Punjab who shall issue clear directions to all the concerned quarters to consider the criteria prescribed in Sections 5 & 6 of the Punjab Tenancy Act, 1887 before granting proprietary rights under Section 2(b) of The Punjab Conferment of Proprietary Rights on Occupancy Tenants and Muqarraridars Act, 2012.