Explanation

11.   Continuance of existing occupancy rights.–

Notwithstanding anything in the foregoing sections of this Chapter,

a tenant who immediately before the commencement of this Act has a right of occupancy in any land under an enactment specified in any line of the first column of the following table shall,

when this Act comes into force, be held to have, for all the purposes of this Act,

a right of occupancy in that land under the enactment specified in the same line of the second column of the table:-

Explanation

Right of occupancy not to be acquired by joint owner in land held in joint ownership.–

In the absence of a custom to the contrary, no one of several joint owners of land shall acquire a right of occupancy under this Chapter in land jointly owned by them.

Explanation

Right of occupancy not to be acquired by mere lapse of time.–

No tenant shall acquire a right of occupancy by mere lapse of time.

Explanation

8.   Establishment of right of occupancy on grounds other than those expressly stated in Act.–

Nothing in the foregoing sections of this Chapter shall preclude any person from establishing a right of occupancy on any ground other than the grounds specified in those sections.

Explanation

7.   Right of occupancy in land taken in exchange.–

If the tenant has voluntarily exchanged the land, or any portion of the land,

for merely occupied by him for other land belonging to the same land-lord,

the land taken in exchange shall be held to be subject to the same right of occupancy as that to which the land given in exchange would have been subject if the exchange had not taken place.

Explanation

6.   Right of occupancy of other tenants recorded as having the right before passing of Punjab Tenancy Act, 1868.–

A tenant recorded in a record-of-rights sanctioned by the Provincial Government, before the twenty-first day of October, 1868,

as a tenant having a right of occupancy in land which he has continuously occupied from the time of the preparation of that record,

shall be deemed to have a right of occupancy in that land unless the contrary has been established by a decree of a competent Court in a suit instituted before the passing of this Act.

Explanation

Tenants having right of occupancy mention in section 5 

Explanation

“Muqarraridar” means any person who holds land in the Attock and Rawalpindi District and who,

on the date of the commencement of the Punjab Tenancy (Amendment) Act, 1952,

was recorded in the revenue records as muqarraridar in respect of such land or who,

after the said date,

was so recorded with his consent and the consent of the proprietor of such land and includes the successors-in-interest of a muqarraridar.

Explanation

 “improvement” means with reference to a tenancy, any work which is suitable to the tenancy and consistent with the conditions on which it is held,

by which the value of the tenancy has been and continues to be increased,

and which,

if not executed on the tenancy,

is either executed directly for its benefit,

or is, after execution made directly beneficial to it;

Explanation

“notification” means a notification published by authority of the Provincial Government or the Board of Revenue in the Official Gazette: