Punjab Security of Land Tenures Act, Section 14 -- A(i) & 14 - A(ii) and 9 - Ejectment petition - Not filed on relevant proforma prescribed - Compliance of legal provisions - Cannot be treated as a dispensable formality...........
Civil Procedure Code, 1908, Section 47 -- Ejectment decree - Dispute raised as to the identity of suit property - Area and boundaries same in notice, plaint and decree - No dispute as to identity raised during the last 37 years of litigation - No difficulty to bailiff in identifying the premises - Objection rejected...........
Punjab Tenancy Act, Section 77(3) -- Suit against tenant-at-will for recovery of arrears of rent as well as for ejectment - Death of one of the plaintiffs-landlords during pendency of suit - Impleading of Legal Representatives of deceased-landlord - Suit as a whole does not abate - AIR 1952 Punjab 306 relates to appeal in a suit by occupancy tenant and as such not..........
Punjab Security of Land Tenures Act, Section 9(1)(i) -- Form K-2 - Ejectment of tenant as land reserved area of landowner under Punjab Security of Land Tenures Act - Definition of reserved area got changed with effect from appointed day i.e. 24.1.1971 - Imperative for Revenue Officer to check whether the land in dispute had been selected by landowner under Haryana Ceiling..........
Punjab Tenancy Act, Section 8, 9, 77(3)(d) -- Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, Sections 3, 2(0 and 2(a)(ii) - Stay of dispossession during pendency of suit for occupancy rights on the ground that land rented out by landowner with the intention not to eject tenant - Tenant ordered to be ejected under Section 14 - A(i) Punjab Security of Land..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 14A(i), 14A(iii) -- Expression "sufficient cause" in Section 9(1)(ii) - Interpretation of - Should be judged on merits of each case- - No notice issued to landowner by Assistant Collector 2nd Grade under Section 14-A(iii) - Cannot be held that tenant failed to deposit rent without sufficient cause - Circumstance..........
Punjab Security of Land Tenures Act, Section 14A(ii) -- Ejectment of tenant on account of non-payment of arrears of Batai-Amount of arrears of Batai known to tenant-Tenant taking different pleas at different stages and avoiding payment of Batai , plea that Batai had already been paid against receipts, failure to produce any such receipts or other evidence to prove payment..........
Punjab Village Common Lands (Regulation) Act, Section 7 -- Eviction on the ground that land belongs to Gram Panchayat and person in unauthorised possession-Documents produced by person claiming to be in possession since a long time i.e. prior to 1950 - Ejectment ordered by Assistant Collector upheld in appeal by Collector-No reference made to any of the documents produced..........
Punjab Security of Land Tenures Act, Section 14A(i) -- Form K-1 and 9(1)(i)Landowner if after filing ejectment application in Form K-1 sells/transfers his land-Ejectment application lapses-Buyer of land transferred-Cannot step into shoes of original landowner and continue ejectment application-If buyer/transferee wants tenant to be ejectedCan file fresh ejectment..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Non payment of rent for the year 1978 - Ejectment of tenant - Tenant liable to pay 1/3rd of produce to tenant - Appellant was tenant for the last 50 years and never committed default in payment of share of crop - Normal probable human conduct would show that he must have paid amount - Generally, tenant is not expected..........
