Tenants having right of occupancy
Section 5 of the Punjab Tenancy Act, 1887 deals with tenants having right of occupancy. A tenant- (a) who at the commencement of this Act has for more than two generations in the male line of descent through a grandfather or grand-uncle and for a period of not less than twenty years been occupying land paying no rent thereof beyond the amount of the land-revenue thereof and the rates a The Act was enacted on 23 Sep 1887.
(1) A tenant-
(a) who at the commencement of this Act has for more than two generations in the male line of descent through a grandfather or grand-uncle and for a period of not less than twenty years been occupying land paying no rent thereof beyond the amount of the land-revenue thereof and the rates and cesses for the time being chargeable thereon, or
(b) who having owned land, and having ceased to be landowner thereof otherwise than by forfeiture to the Government or than by any voluntary act, has, since he ceased to be landowner, continuously occupied the land, or
(c) who, in a village or estate in which he settled along with, or was settled by, the founder thereof as a cultivator therein, occupied land on the twenty-first day of October, 1868, and has continuously occupied the land since that date, or
(d) who, being jagirdar of the estate or any part of the estate in which the land occupied by him is situate, has continuously occupied the land for not less than twenty years, or , having been such jagirdar, occupied the land while he was jagirdar and has continuously occupied it for not less than twenty years,
Has a right of occupancy in the land so occupied, unless, in the case of a tenant belonging to the class specified in clause (c), the landlord proves that the tenant was settled on land previously cleared and brought under cultivation by, or at the expense of, the founder.
(2) If a tenant proves that he has continuously occupied land for thirty years and paid no rent there for beyond the amount of the land-revenue thereof and the rates and cesses for the time being chargeable thereon, it may be presumed that he has fulfilled the conditions of clause (a) of sub-section (1).
(3) the words in that clause denoting natural relationship denote also relationship by adoption, including therein the customary appointment of an heir, and relationship by the usage of a religious community.
Section 5, The Punjab Tenancy Act, 1887 (Act 16 of 1887).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 15
- Delhi Land Reforms Act s. 5
- Delhi Land Reforms Act s. 6
- Delhi Land Reforms Act s. 10
- Delhi Land Reforms Act s. 11
- Delhi Land Reforms Act s. 12
- Delhi Land Reforms Act s. 14
- Delhi Land Reforms Act s. 16
- Punjab Land Revenue Act s. 112 Effect of certain entries made in Records-of-rights before November, 1871
- Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act s. 13
- s. 22 Enhancement of cash rents of occupancy tenants
- s. 53 Private transfer of right of occupancy under section 5 by tenant
- s. 54 Procedure on foreclosure of mortgage of right of occupancy under section 5
and 3 more
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The suit of the plaintiff for declaration establishing the status as occupancy tenant, was stated to be already pending on the ground that the plaintiff has become owner of the suit property as per Sections 5 & 8 of Punjab Tenancy Act, 1887. By way of amendment, the plaintiff wants to challenge the alleged licence/CLU/RERA/NOC alleged to have been issued by DTCP of State of Haryana in favour of defendant qua the suit land being absolutely invalid, nonest. Further, the plaintiff wants to implead the proposed parties as …
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… While claiming to be in the cultivating possession of the<br>integrity of this document banjar land which was made cultivable by their predecessors for the last 50 years, they claimed decree of declaration to the effect that they became the occupancy tenants under Section 5 of the Punjab Tenancy Act, 1887 (hereinafter referred to as "the 1887 Act") and consequently, became owner by virtue of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952. The suit was contested by the defendants claiming that the $3.$ plaintiffs are the owners in possession of the land and …
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… While assailing the judgment and decree passed by the first appellate Court, defendant no.4 has filed the present Regular Second Appeal. 1.2 In the considered opinion of this Bench, the following question arises for adjudication:- "As to whether a Gair Marusi tenant, who does not fulfill the requirements of Section 5 of the Punjab Tenancy Act, 1887 (hereinafter referred to as 'the 1887 Act') is entitled to a declaration that he has attained the status of occupancy tenant and consequently has become an owner in view of the provisions of Punjab Occupancy Tenants (Vesting of Proprietory Rights) Act, 1952 (hereinafter referred to …
Questions about Section 5
What does Section 5 of the Punjab Tenancy Act deal with?
Section 5 of the Punjab Tenancy Act is headed "Tenants having right of occupancy". A tenant- (a) who at the commencement of this Act has for more than two generations in the male line of descent through a grandfather or grand-uncle and for a period of not less than twenty years been occupying land paying no rent thereof beyond the amount of the land-revenue thereof and the rates a
How do I find court cases under Section 5 of the Punjab Tenancy Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Punjab Tenancy Act 1887 5, section 5 Punjab Tenancy Act 1887, section 5 of the Punjab Tenancy Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 5 of the Punjab Tenancy Act, and has it changed?
15 other provisions in this corpus refer back to it.
When was Section 5 of the Punjab Tenancy Act enacted?
Section 5 of the Punjab Tenancy Act, cited as Punjab Tenancy Act 1887 5, was enacted on 23 Sep 1887 as Act 16 of 1887. It is in force as at the date shown on this page.
Other sections of this Act
- 4. Definitions1012 words
- 77. Revenue Courts and suits cognizable by them613 words
- 76. Applications and proceedings cognizable by Revenue-officers497 words
- 53. Private transfer of right of occupancy under section 5 by tenant429 words
- 100. Power of Chief Court to validate proceedings had under mistake as to jurisdiction364 words
- 45. Ejectment of tenant from year to year by notice336 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.