Ahmad Rafay Alam
Advocate of the High Courts
Manager Land & Property Rights – UN Habitat
Department of Law & Policy – LUMS
Department of Architecture – Punjab University
Legislation
 The Constitution of Pakistan
 Provincial Tenancy Acts
 The Punjab Tenancy Act, 1887
 The Sindh Tenancy Act, 1950
 The NWFP Tenancy Act, 1950
 The Baluchistan Tenancy Ordinance, 1979
 Transfer of Property Act, 1882
 Registration Act, 1908
The Constitution of Pakistan
 Article 23:
 Provision as to property.-Every citizen shall have the right
to acquire, hold and dispose of property in any part of
Pakistan, subject to the Constitution and any reasonable
restrictions imposed by law in the public interest.
 Difference in right to “acquire” under Pakistani Islamic law
and other jurisdictions:
 Other jurisdictions have concept of “adverse possession”
(a.k.a. “squatter’s rights”)
 Pakistani law does no longer accepts “adverse possession”
Urban/Rural Differences
 The Tenancy Acts all operate on land occupied or let
for agricultural purposes
 Urban/non-agricultural land do not operate under
Tenancy Acts; they are controlled by TPA and RA
under the regulation of Tehsil and Town Municipal
Administrations (in other words, you are either the
owner or tenant regulated by urban tenancy
legislation; there are no more categories).
Tenancy Acts
 Definitions of landlord and tenant
 Punjab Tenancy Act, 1887
 Occupancy Tenants
 Tenants for a Fixed Term under contract
 Tenants at Will
 Sindh Tenancy Act, 1950
 Permanent Tenants
 Tenants at Will
 NWFP Tenancy Act, 1950
 Occupancy Tenants deemed owners
 Fixed Term Tenants
 Tenants at Will
 Baluchistan Tenancy Ordinance, 1979
 Occupancy Tenants
 Lathband Tenants
 Tenants at Will
Working categories of land security
(Oxam)
 Small holders (owners)
 Landless tenants and labourers with secured
possession
 Landless tenants and labourers without secured
possession
 In katcha areas
 Outside katcha areas
 Roughly follows the distinctions provided for in the
Tenancy Acts (though there are exceptions)
Rights of Tenants
 Punjab Tenancy Act, 1887
 OTs can only be ejected if they (i) render the land unfit; (ii)
haven’t paid rent or if there is (iii) a decree for ejection against
them.
 OTs can alienate/sub-let right to occupy, but LL has right of
first refusal.
 Islamic law of succession operates on Muslim OTs and
procedure for devolution of non-Muslim OTs given.
 FTT can be ejected on the same grounds as OTs.
 Tenants at Will (year to year tenants) may be ejected at the
end of the year.
 Succession of non-OTs also given (to preferred heir or eldest
male child)
 Note that there is a procedure for ejectment
Rights of Tenants II
 Sindh Tenancy Act, 1950
 PT cannot be terminated unless acquired by Govt. or
unless conditions in Section 13 met (even then, ejection
cannot take place without order of Tribunal).
 Tenants at Will to acquire permanent rights if, after
1950, they annually cultivate at least 4 acres for a
continuous period of 3 years.
 Tenants at Will shall not be liable to eviction before the
end of the cropping season.
 Dispute resolution procedure (before a Tribunal)
provided for.
Rights of Tenants III
 NWFP Tenancy Act
 OTs granted proprietary rights.
 FTT can only be ejected if grounds in Section 23 met.
 Tenants at Will may be ejected on the 3rd year from the
commencement of their tenancy if grounds in Section
24 met.
 Ejectments restricted to cases where (i) decree passed
against tenant remains unsatisfied and (ii) where tenant
does not hold under contract, Order or decree.
Rights of Tenants IV
 Baluchistan Tenancy Ordinance, 1979
 OT can be ejected if grounds mentioned in s. 31 met.
 Lathband tenants can be ejected if grounds mentioned in s.
32 met.
 Tenants at Will can be ejected if grounds mentioned in s. 44
met.
 Ejectment actions against OT & Lathband tenants must be
preceded by applications to Revenue Court.
 OTs may alienate their right of occupancy, but LL has right of
first refusal. OTs may also sub-let, but with approval of LL.
 Succession for Muslim and non-Muslim OTs & Lathband
tenants provided for.
Transfer of Property Act & Registration Act
 “Sale” of property is transfer of ownership; can only be
affected by registered instrument.
 “Lease” is transfer of the right to enjoy property for a fixed
period on payment of rent or kind. Leases of more than
one year can only be affected by registered instrument.
 In the absence of a contract, lease of agricultural land will be
deemed to be from year to year.
 RA lists documents/transactions that are compulsorily
registerable. These include sale and lease (for a year or
more) deeds. Presumption of validity attached to
registration. Non-registration results in nullification of
instrument.
Thank You – Be Green!!