Punjab Security of Land Tenures Act, 1953, Section s, 18, 5, 5A - - Not necessary that surplus area case of landlord may have been decided before purchase application can be allowed - If a big landlord reserved his permissible area, then eligible tenant can purchase land which he is otherwise eligible to do so and which is not included in reserved area - No need to keep..........
Punjab Security of Land Tenures Act, 1953, Section s, 18, 5(1) -- Non-verification of reservation form - No hindrance to tenant to file purchase application under Section 18 - Punjab Security of Land Tenures Rules, 1956-Rule 5...........
Punjab Security of Land Tenures Act, 1953, Section s, 9(1)(i), 16 -- Ejectment application on Form K-1 by transferee - Tenant of transferor big landowner - Gets protection of Section 16 even when transferee himself a small landowner - Duty of transferee to prove that area from which ejectment sought, reserved area of big landowner (transferor) - Failure to do so - Not..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7(1)(f) -- Ejectment as tenant failed to execute Kabuliyatnama in favour of land-owner- Objection that failure on part of tenant cannot be equated with refusal - Not tenable- After tenant served with notice to execute Kabuliyatnama and he failed to do so it shall be presumed that tenant refused to execute..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 8 -- Ejectment as tenant cultivated land for more than 3 years - Earlier ejectment suit dismissed by Assistant Collector with the finding that tenant not liable to be ejected under Section 8 till provisions of Section 7 satisfied irrespective of the fact that tenant had completed 3 years under small landowner - No..........
Punjab Land Revenue Act, 1887, Section 44 -- Change in subsequent Jamabandi entries - Jamabandis for years 1958-59 and 1962-63 entry of Sepidar (i. e. personal services rendered and no liability to pay rent) - Jamabandi 1967-68 entry of tenant on payment of batai - No evidence showing cessation of Sepidari and circumstances in which earlier relationship altered or modified..........
Punjab Pre-emption Act, 1913, Section 15(1) -- Tenant's right of preemption - Right of pre-emption a piratical right, not true in case of tenant - Tenant when claims pre-emption, considerations are always different - Tenancy once proved, tenant cannot be deprived of right of pre-emption without there being cogent and reliable evidence of waiver...........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Application in Form 'M' for recovery of rent and ejectment as tenant not paid rent for specified crops - Notice in Form 'N' issued to tenant by Assistant Collector IInd Grade - Tenant's plea in written statement that batai had been paid - Assistant Collector reduced the amount of rent and ordered deposit within..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 8B, 18, 2(f) -- Tenancy rights come to end only when whole of proprietary rights come to vest in tenant at one and the same time - Mortgagee rights are part of ownership rights - Tenancy and mortgagee rights can subsist side by side - Tenancy rights if come to end either by contract of parties or by order of ejectment..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Compensation for improvements - Provisions of Section 71 Punjab Tenancy Act applicable - Tenant not having raised any plea regarding compensation - Assistant Collector under no obligation to ask tenant to file claim for compensation in case of his ejectment - Provisions of Section 70 Punjab Tenancy Act not..........
