Section 28 of The Punjab Tenancy Act, 1887. in hindi
- (1)Every tenant shall-
- (a)be liable to pay additional rent for all land proved to be in excess of the area for which rent has been preciously paid by him, unless it is proved that the excess is due to the addition to his tenancy of land which, having previously belonged to the tenancy, was lost by alluvion or otherwise without any reduction of the rent being made; and
- (b)be entitled to and abatement of rent in respect of any deficiency proved to exist in the area of his tenancy as compared with the area for which rent has been previously paid by him, unless it is proved that the deficiency is due to the loss of land which was added to the area of the tenancy by alluvion or otherwise, and that an addition has not been made to the rent in respect of the addition to the area.
- (2)In determining the area for which rent has been previously paid, the Court shall have regard to the following, among other matters, namely:—
- (a)the origin and conditions of the tenant’s occupancy, for instance whether the rent was a rent in gross for the entire tenancy;
- (b)whether the tenant has been allowed to hold additional land in consideration of and addition to his total rent or otherwise with the knowledge and consent of the landlord; and
- (c)the length of time during which there has been no dispute as to rent or area.
- (3)In adding to or abating rent under this section, the Court shall add to or abate the rent to such an amount as it deems to be fair and equitable, and shall specify in its decree the date on and from which the addition or abatement is to take effect.
- (4)An addition to or abatement of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this Act.
Summary
- Tenants must pay more rent if they are found to be using more land than they originally paid for.
- Tenants can get a rent reduction if the actual area of their tenancy is smaller than what they pay for.
- Changes in land size caused by natural water flow (alluvion or diluvion) do not trigger these rent changes unless rent wasn't already adjusted for them.
- When deciding the new rent, the Court looks at the history of the tenancy and how long the area was undisputed.
- The Court sets a fair rent for the new area and chooses a specific date for the change to start.
- These changes to the rent amount are not legally treated as formal rent enhancements or reductions.
Practical examples
FAQ
1. Can I get a rent cut if my land was lost to a river?
Yes, if the loss of land is proven and your rent was not already reduced to account for that loss.
2. What if I have been using extra land for a long time without a dispute?
The Court will consider the length of time there was no dispute as a factor when deciding if you should pay more.
3. Does the landlord have to prove I have extra land?
Yes, the Act says the additional land must be "proved to be in excess" of what you previously paid for.
Test yourself
Q1.Under Section 28 of The Punjab Tenancy Act, 1887., when is a tenant NOT liable to pay additional rent for excess land?
Q2.According to Section 28 of The Punjab Tenancy Act, 1887., what is one specific factor the Court must consider when determining the area for which rent was paid?
Q3.Under Section 28 of The Punjab Tenancy Act, 1887., what must a Court include in its decree when altering the rent due to an area change?
Q4.Under Section 28 of The Punjab Tenancy Act, 1887., how are rent changes based on land area physically shrinking or growing classified?