110. Rent Suits. Paragraph 804 of Land Administration Manual and Section 70(1) of the Punjab Tenancy Act, should be strictly observed; and in case no application for grant of compensation is put in, a note should be made by the Court that the tenant was so directed.
In suits for enhancement of rent the Revenue Court should invariably state in tabular form in its judgment the area involved and the present land revenue and cesses, together with the rent or malikana as the case may be. If there has been a recent re-assessment of land revenue, the previous land revenue, cesses and malikana (if any) should be stated also.
111. Notice of sale of right of occupancy. In connection with the sale of a right of occupancy in execution of a decree or order of Court under Section 55(2) of the Punjab Tenancy Act, 1887, the following form of notice for issue to the landlord concerned is prescribed: -
NOTICE OF SALE OF RIGHT OF OCCUPANCY in execution of a decree or order of Court issued to the landlord pursuant to the provisions of sub-section (2) of section 55 of the Punjab Tenancy Act, 1887, by the Court of ___________________held at __________________in the district aforesaid.
Landlord on whom this notice is to be served.
Tenant whose right of occupancy is to be sold.
Tenancy to which this notice relates.
(Give for each field included in the tenancy, its number and its area; also the total area of the tenancy and the estate and Tehsil in which situate).
A.B. (with father’s name, caste and residence)
C.D. (with father’s name, caste and residence).
Notice is hereby given to A.B., the landlord of the tenancy above described, that the right of occupancy of C.D., the tenant, will be sold by this Court at ________ o’clock of the ___________ day of ____________19______________in execution of the decree described below, and the landlord is hereby informed that if at any time before the close of the day on which the sale takes place he pays to the Court or to the Officer conducting the sale sum equal to one-fourth of the highest bid made at the sale he shall be declared to be the purchaser of the tenant’s right of occupancy at the amount of that bid.
Dated at the Court of (Seal and signature of the Court)
This day of _____ 19
(Particular of decree in execution of which this sale is ordered)
112. Tenures to be accurately described. The attention of Revenue Officers is invited to the necessity of describing accurately the tenures dealt with in their administrative and judicial proceedings. It is very common for an undivided share in a holding to be described as if it were a stated area of a land held separately. Care should be taken to eliminate misdescriptions of this nature from revenue proceedings. If a person holds an undivided share in land, his interest should always be so described; and the use of the words which imply that he holds separately a definite area should be carefully avoided. Plaints, applications and reports which contain errors of this nature should be returned for correction.
113. Surveys and boundaries. When time has been granted by the Civil Court to a party in suit for the purpose of making an application under section 101 of the Land Revenue Act, 1887, and such application is made, the Revenue Officer should endeavour to dispose of the application as promptly as the circumstances of the case will allow.
114. References to the High Court under Section 100. Direct references to the High Court of the kind provided for in Section 100 of the Punjab Tenancy Act, 1887, may be made by Commissioners and Collectors, and the rules published in chapter 15 of the Rules and Orders of the High Court, Volume 1, should, so far as they are applicable, be observed by Commissioners and Collectors in making these references and all Revenue Courts should similarly observe these rules in making these references under Section 99 ibid.
115. Court hours, holidays and cause lists. The attention of Revenue Officers is invited to the instructions laid down in Chapter 1-A of the High Court Rules and Orders, Volume I, in regard to the means to be adopted of informing litigants of the hours of business of Court holidays and cause lists, with the object of reducing the number of dismissals of cases in default of appearance of plaintiffs or appellants. Revenue Courts and Officers should conform to the practice thus laid down for Civil Courts.
116. Petition Paper. With regard to the paper employed in formal petitions to Revenue Courts and Offices the practice of Civil Courts should be followed. The paper required should be obtained by Collectors from the Controller of Printing and Stationery, Punjab, quarterly on regular indents. The paper is to be sold to the public at ten Paise per sheet, and the rules for the supply, custody and sale of non-postal stamps given in the Punjab Stamp Manual, apply mutatis mutandis to the water-marked plain paper.
117. Preparation of Records, size and quality of paper. Instructions for the preparation of Revenue Judicial Records, and the size and quality of paper to be used in all Revenue Courts and Offices are reproduced below: -
(1) Petition paper to be used for all copies, petitions and applications. The instructions conveyed in Chapter 16, Part A, Rule 1 of the Rules and Orders of the High Court, Volume IV, regarding the use of the standard pattern water-marked plain paper supplied by the Controller of Printing and Stationery, Punjab, should be strictly followed in Revenue Court and Offices. All copies of Revenue documents and all applications and petitions should be written on this paper, and copyists and petition-writers should be required to comply with this direction. The paper is to be used and kept flat at its full size (131/2”x81/2).
(2) Official foolscap paper. The official foolscap half sheet, which is very nearly the same size as the petition paper alluded to in the last paragraph should be used for all English portions of the record, and should also be kept flat.
(3) Unbleached double foolscap paper of 24 1bs. should be used for the autograph records of officers who do not write their records in English. For ordinary purposes paper of 20 1bs. should be used. The varieties of paper are obtainable from the Controller of Printing and Stationery, Punjab, along with other articles of Stationery. Blank books can also be obtained form that office and should always be used for registers.
(4) ‘B’ quality paper to be used for vernacular portion of the record. The remainder of the vernacular portion of the record should be written on ‘B’ quality paper as supplied by the Jail Department folded to quarter sheet.
(5) Instructions to prevent waste. In order to prevent waste and injury and improve the vernacular records, attention should be paid to the following matters: -
(a) In all cases, depositions of witnesses should be written continuously instead of on separate sheets, a clear space of 3 or 4 inches being left between the end of one and the beginning of the next deposition (if on the same sheet).
(b) The practice of writing orders and other matters across the top and along the sides of a page should be avoided.
(c) In all vernacular proceedings an eighth margin should be left on each side of the paper so that writing should not be obliterated by fraying at the edges.
(d) Files in use of Revenue Offices should be placed between stiff wooden or cardboard protectors, of the size of the standard file, when tied together, so that the strain of the cloth or other covering or of the string of tape does not fall on the papers within. It is not intended that the file of each case should be placed between stiff covers, all that is necessary is to tie each file with broad tape or nawar instead of string, but each bundle of files should, until packed away in the Record Room, be kept between stiff covers to prevent fraying, folding, etc.
(e) The record and papers should be placed at their full size in envelopes of the size of the file.
(f) Exhibits should be folded to as nearly as possible the same size and placed in envelopes of the size of the file.
118. Chronological abstract of order to be attached to certain files. All revenue Courts are required to enter on a separate sheet or sheets in the annexed form, a short abstract of every order passed in the course of the proceedings in a case. The entries are to be made consecutively according to the dates of the orders, and the sheet is to be the first paper entered in the index of papers. The entries so made are to be in addition to the usual record of the orders in their proper places in the file, and are intended to facilitate the tracing by Appellate Courts of the course of procedure in a case.