Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7(1)(b) -- Assistant Collector ordered that in case tenant failed to deposit arrears of rent within six months he shall be liable to ejectment - Collector granted ad interim stay on appeal by tenant - Tenant deposited arrears of rent during pendency of appeal but deposit made not within six months of date of decree of..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 14A -- Ejectment on ground of no, payment of rent from Rabi 1974 to Kharif 1979 - Inconceivable that landlord would have kept quiet for years together if he had not been paid rent - Claim of tenant that in fact rent paid upto Rabi 1979 - Although no receipt produced evidence on record that no custom in village of..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Scope of Assistant Collector after having found that tenant liable to pay arrears of rent which he had not paid within prescribed period of 30 days from date of receipt of notice on Form N - Bound to order ejectment of tenant - Under Section 14-A(ii) Assistant Collector given power only to make enquiry into..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 8 -- Suit for recovery of arrears of rent and ejectment - After evidence of landowner case adjourned for evidence of tenant - Closure of evidence on the very first day fixed for evidence of tenant on the ground that tenant asked to bring his entire evidence on that day - Once process fee and diet money deposited for..........
Punjab Security of Land Tenures Act, 1953, Section s, 14A(i), 9(1)(ii) -- Whether failure of tenant in the past to make payment of rent will not render him liable to ejectment at some later date - Ejectment application in 1976 - Rent for years 1975-76 not in arrears - Rent not paid for four crops of 1969-70 - Even on the date of application this rent due - So rent due in..........
Punjab Tenancy Act, 1887, Section 77(3)(e), 77(3)(n), 42, Punjab Security of Land Tenures Act, 1953, Section 9(1)(i), 9(1)(ii), 14 - - Ejectment ordered on ground of : (i) landowner being a small landowner, (ii) tenant's failure to pay rent without sufficient cause, and (iii) no, payment of arrears of rent by tenant - Portion of decree determining money liability does not..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 14A(i) -- Tenant's failure to pay rent regularly without sufficient cause - Notice to tenant to pay arrears of rent so as to wipe out default of payment of rent - No requirement of law...........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Recovery of arrears of rent - Section 14-A(ii) envisages ex-parte notice to tenant to make payment by certain date - Tenant in case questions his liability, enquiry in that regard - Result of enquiry if goes in favour of tenant or even against him - No notice subsequently required to be sent to tenant...........
Constitution of India, 1950, Article 226 -- Writ of Certiorari - Finding of fact arrived at by one Court or the other whether reconcilable with evidence on that score and whether tenant not in arrears of rent and not for long - No concern of High Court in writ proceedings...........
Punjab Tenancy Act, 1887, Section 42 -- Ejectment in execution of decree for arrears of rent - Section 42 puts restriction that if the decree remains unsatisfied, then a notice required to be given to tenant to pay arrears of rent, failing which order has to be passed ejecting tenant - Not a measure for ejectment in the strict sense but one of punishment for no, compliance..........
