Agricultural Tenancy at Will (Pakistan)

An Agricultural Tenancy at Will in Pakistan sets out the terms on which a landlord lets the property to a tenant, fixing the rent, deposit, term and each party's obligations.

In Punjab, the Punjab Tenancy Act 1887 (as amended) classifies agricultural tenants as occupancy tenants (having statutory security of tenure under Section 5) and tenants-at-will (having no security of tenure, terminable under Section 40). A tenant-at-will in Punjab under the Punjab Tenancy Act 1887 is a tenant who has no right of occupancy in the land he cultivates — his tenure is entirely at the will of the landlord, subject only to the notice requirements under Section 40 of the Punjab Tenancy Act 1887, which require notice to quit before or at the commencement of the agricultural year (kharif or rabi crop season) to be effective at the end of that season.

In Sindh, the Sindh Tenancy Act 1950 governs agricultural tenancies. Section 6 of the Sindh Tenancy Act 1950 provides that a tenant who is not an occupancy tenant holds at will of the landlord, and Section 17 governs the termination of tenancy-at-will with fifteen days' notice before the end of the tenancy year. The Sindh Tenancy Act 1950 also provides specific protections against unlawful ejectment under Section 44, requiring that ejectment proceed through the Revenue Court (Assistant Commissioner or Collector) rather than civil courts.

The Land Revenue Act 1967 requires that all agricultural tenancies — including tenancies-at-will — be recorded in the Revenue Record (Record of Rights) maintained by the provincial Board of Revenue and the tehsildar. The Jamabandi (record of rights) and Khasra Girdawari (crop inspection register) maintained under the Land Revenue Act 1967 are the official records reflecting the cultivating tenant's status and the rent payable. Punjab Land Records Authority (PLRA) has digitised these records in Punjab, and the Arazi Record Centre system allows online access.

The West Pakistan Land Reforms Regulation 1959 and the Land Reforms Act 1977 imposed ceilings on landholdings and granted occupancy rights to certain long-standing tenants, but these reforms did not eliminate the tenancy-at-will category — they reduced the maximum holding area that could be subject to absentee landlordism. Agricultural tenancy-at-will remains a common arrangement in the rural economies of Punjab, Sindh, and KPK, particularly for share-cropping (batai) arrangements where the rent is a share of the crop rather than a fixed monetary amount.

The recording of a tenancy-at-will in official revenue records is important for both parties: for the landlord, it establishes the basis for collection of land revenue from the cultivating tenant under the Land Revenue Act 1967; for the tenant, it provides documentary evidence of their cultivation status, which is relevant for eligibility for agricultural credit from Zarai Taraqiati Bank Limited (ZTBL), Kisan Card programmes, and government subsidy schemes administered by the provincial Agriculture Departments.

An Agricultural Tenancy at Will in Pakistan is needed whenever a landowner wishes to allow a cultivator to farm agricultural land on a flexible basis without committing to a fixed-term lease that would create occupancy rights or long-term security of tenure.

The tenancy at will is needed when a landowner in Punjab, Sindh, or KPK wishes to cultivate their land through a share-cropper (batai arrangement) under which the tenant cultivates the land and shares the produce with the landlord at a stipulated ratio — typically one-half (adha), one-third, or two-thirds depending on the inputs provided by each party. The tenancy-at-will form confirms the landlord retains the right to terminate the arrangement at the end of each crop season if the tenant proves unsatisfactory or if the landowner wishes to cultivate the land directly.

The arrangement is needed when a farmer wishes to increase their cultivated area by taking on additional land from neighbouring landowners on a seasonal basis — for example, a Punjabi farmer cultivating wheat (rabi season) and rice or cotton (kharif season) who takes adjacent holdings on tenancy-at-will for the season to maximise the use of their irrigation allocation from the local canal system administered by the provincial Irrigation Department.

The tenancy at will is needed when an absentee landlord — a government servant, a businessman, or an overseas Pakistani — wishes to have their agricultural land farmed during their absence without appointing a permanent lessee who could claim occupancy rights under the Punjab Tenancy Act 1887. The tenancy-at-will arrangement, clearly documented and recorded in the Jamabandi, confirms the tenant's non-occupancy status and the landlord's right of ejectment at the end of each agricultural year.

The arrangement is needed when agricultural land in a new development zone or near an urban boundary is expected to be acquired for a housing scheme, industrial estate, or infrastructure project by the provincial government under the Land Acquisition Act 1894. Landowners in these areas prefer tenancy-at-will to fixed-term leases so they can quickly reclaim possession when acquisition proceedings commence without being obligated to compensate a tenant with a long-term lease.

The tenancy at will is needed when a sugar mill, cotton ginning factory, or food processing company wishes to secure a supply of its primary raw material by entering into direct cultivation arrangements with farmers, effectively acting as the landlord by sub-letting processing company land or by entering into cultivation arrangements on farmer-owned land under a shared tenancy model.

The formal written agreement is needed when the tenant wishes to use the tenancy-at-will as supporting evidence for an agricultural loan application to Zarai Taraqiati Bank Limited (ZTBL), the National Bank of Pakistan's Kissan desk, or a microfinance institution providing Kissan Cards. Lenders require documentary evidence of the applicant's cultivation status and the land being cultivated before disbursing agricultural credit.

A valid Agricultural Tenancy at Will in Pakistan under the Land Revenue Act 1967 and the applicable provincial Tenancy Act must contain the following essential elements.

Parties: Full legal names, addresses, and CNIC numbers of both the landlord (malik) and the tenant (muzara or shikmi) — as these terms are used in the provincial revenue records. Where the landlord is a co-owner of the land (multiple owners of the same holding), all co-owners should ideally be parties, as a tenancy granted by one co-owner may not be binding on the others under the Transfer of Property Act 1882 and provincial tenancy law.

Land Identification: The khasra numbers, survey numbers, mouza (village), tehsil, and district of the agricultural land, the total cultivable area in kanals, marlas, or acres, the class of land (chahi — canal irrigated; barani — rain-fed; nehri — tubewell irrigated; sailaba — flood-dependent), and the Kewat number from the Jamabandi. These details must correspond exactly to the entries in the Revenue Record maintained under the Land Revenue Act 1967, as discrepancies between the agreement and the Record of Rights create legal uncertainty.

Tenancy at Will Status: A clear statement that the tenancy is a tenancy-at-will under the Punjab Tenancy Act 1887 (or applicable provincial Tenancy Act) and that the tenant has no right of occupancy, no security of tenure beyond the current agricultural season, and no claim to become an occupancy tenant by reason of continuous cultivation. This clause protects the landlord from any claim that long-standing cultivation has created statutory occupancy rights.

Rent: The rent — whether in cash (naqdi), kind (produce share — batai), or a combination — the rate per kanal or per acre per season, the crop seasons covered (kharif — April to October, rabi — October to April), and the date and place of payment. If the rent is a share of the crop, the agreed ratio (one-half, one-third, or other) and the basis for measuring the share (field weighment or threshing floor measurement) must be stated clearly.

Cultivation Obligations: The crops the tenant is authorised to cultivate, any restrictions on crops that require special permission (for example, orchards or perennial crops that could strengthen the tenant's position), the tenant's obligation to maintain irrigation channels (watercourses) and field boundaries, and compliance with the provincial Agriculture Department's recommended crop calendar and input usage guidelines for subsidised seeds and fertiliser.

Termination and Notice: The notice period required by either party to terminate the tenancy — under the Punjab Tenancy Act 1887, Section 40, notice must be given before or at the commencement of the agricultural year (kharif or rabi) for ejectment to be effective at the end of that season. Premature ejectment without proper notice may entitle the tenant to compensation for disturbance under Section 43 of the Punjab Tenancy Act 1887. The agreement should specify whether either party may terminate mid-season and the compensation payable in such event.

Revenue Record Attestation: Both parties should have the tenancy-at-will recorded in the Khasra Girdawari (crop inspection register) by the village patwari (revenue official) for the relevant harvest season, and ideally attested in the Jamabandi. Recording in the revenue records is not strictly required for a tenancy-at-will to be legally effective, but it provides official evidence of the tenant's status and is required for eligibility for government agricultural schemes and bank credit.

Witnesses and Attestation: The agreement should be signed by both parties in the presence of two witnesses (typically the village numberdar or local landowners who can attest to the identity of the parties and the accuracy of the land description). Attestation before the local patwari or kanungo adds evidentiary weight.

Forms-legal.com provides this Agricultural Tenancy at Will (Pakistan) template for landlords and cultivating tenants across Punjab, Sindh, KPK, and Balochistan. Both parties should review the agreement with a local advocate familiar with the applicable provincial Tenancy Act and have the tenancy recorded in the revenue records by the village patwari under the Land Revenue Act 1967 to give the arrangement full legal recognition.