Land and Property -- Tenancy - Non-payment of rent - Effect - Held, mere no, production of rent receipts depicting payment of rent would not negative plaintiff's plea of tenancy because liability of tenant to pay rent is determining factor and not actual payment of rent - In instant case, plaintiff as tenant is liable to pay 1/3rd batai and, therefore, plaintiff continues..........
Punjab Security of Land Tenures Act, 1953, Section 12, Punjab Tenancy Act, 1887, Section 13 -- Conversion of fixed rent into 1/3rd batai - Custom in the region to apportion the crop between tenants and landowners on one - third basis - A better way of distributing the produce rather than keeping it on fixed basis - Also takes into account periodical damage to the crops..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for partition pending - Execution of `Batai patra' (Tenancy of agricultural land) is hit by principle of lis pendens...........
Punjab Land Revenue Act, Section 44 -- Successive Jamabandi entries showing one as a tenant of the other on payment of batai - Presumption has to be raised that he is a tenant - Actual payment of rent by tenant - Not necessary - Jamabandi entries are evidence of contract of tenancy...........
Punjab Tenancy Act, Section 4(5) -- Actual payment of batai/rent - Not necessary to be proved by tenant - Requirement to prove to be tenant - That there had been agreement by tenant to pay rent - Rent may be in the form of produce or cash - Jamabandi entries are evidence of such contract of tenancy...........
Punjab Tenancy Act, Section 77(3)(n) -- Punjab Security of Land Tenures Act, Section 14 - A(ii) - Tenant's liability to pay rent - Right of tenant on Tenants Permissible Area and vesting of land in State Government - Only if allotment to tenant has been made - Land would vest in the State only if land is declared surplus - Tenant would become proprietor of land only after..........
Punjab Tenancy Act, Section 8, 9 -- Acquisition of occupancy rights - Claim of being on the land for more than 40 years and no batai paid in respect of tenancy - Revenue entries show that all along rent payable shown as batai tihai - - Batai tihai is not a nominal rent but is highest rent chargeable - Claim that batai tihai not actually paid - Cannot be of any help...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Ejectment of tenant on ground of non - payment of rent for one particular crop without any sufficient cause and Batai for earlier crops - Remedy available to landowner under Sections 17 and 18 Punjab Tenancy Act for division or appraisement of produce - Cannot be treated as alternative remedy for seeking..........
