Punjab Pre-emption Act, 1913, Section 15(i)(a) - - Section 15 retrospective - Clause Fourthly in Section 15(1)(a) in existence at all relevant time - No right of pre-emption in tenant on date of sale - Right of pre-emption conferred on tenant before date of suit - Tenant presumed to have a right to pre empt on date of sale...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7(1)(b)m, Punjab Tenancy Act, 1887, Section 41, 42, 43, 44 -- Whether a further period of 6 months to be allowed to tenant for depositing rent in terms of Section 7(1)(b) Pepsu Tenancy and Agricultural Lands Act before ejectment order passed against tenant - No further opportunity need be given to tenant - Provisions..........
Punjab Tenancy Act, 1887, Section 84, Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 14A(iii) -- Ejectment for no, payment of rent without sufficient cause- Non-payment for a crop 7 years prior to application - May lose much significance - Tenant filed certified copies of documents showing that he had to pay rent by approaching Assistant Collector every time..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Punjab Security of Land Tenures Rules, 1956 - Rule 22 Form 'N' - Second notice before ejectment - Not required - Fresh opportunity for deposit of rent not necessary to be given to tenant if proved that tenant did not deposit rent within one month of service of notice in Form 'N'...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 - - Ad interim injunction in a suit for declaration and injunction alleging to be occupancy tenant - Ejectment application filed by defendants contested by plaintiff, no plea taken of occupancy tenant, failure to show from any revenue record of entry as occupancy tenant. Revenue Authorities after considering..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Ejectment on ground of no, payment of rent - Claim for rent barred by time - Merely because claim for rent barred by limitation does not imply that tenant cannot be ejected for no, payment of rent for that period...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Ejectment for failure to pay rent regularly without sufficient cause - Plea that rent paid late as there was prolonged litigation and thus sufficient cause for not paying rent in time - Not tenable as forced prolonged litigation because tenant setting himself as owner - Tenant's failure to pay rent until..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Ejectment application on Form M filed by landowner - Notice on Form N served on tenant - Deposit of rent whether within 30 days after determination of rent found due or within 30 days of receipt of notice on Form N - Rent found due almost same as rent claimed (landowner claimed rent of Rs. 1900/- whereas..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Ejectment proceedings - Continuance of after coming into force of Haryana Ceiling on Land Holdings Act - Inconsistent with provisions of Haryana Ceiling Act - Landowner can initiate proceedings for ejectment only after surplus area case decided under Haryana Ceiling Act - Though no procedure prescribed under Haryana..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Purchase of tenancy land by tenant - Plea that land falls within permissible area of deceased landowner - Involves a jurisdictional question - Must be gone into and decided by Revenue Authorities - Cannot be brushed aside on the ground that no specific finding recorded by Revenue Authorities below - No jurisdiction..........
