Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Whether ejectment cannot be ordered unless express finding has been recorded that there was no sufficient cause for no, payment of rent - Landlord pleaded that tenant had not paid the rent without sufficient cause - Tenant's plea that he had paid the rent - Never any plea raised by tenant that there was any..........
Punjab Security of Land Tenures Act, 1953, Section 10A, 10B, Punjab Security of Land Tenures Rules, 1956, Rule 18, 20A, 20B, 20C, 20D -- Utilisation of surplus area - When complete - Surplus area declared with landowner - Allotment of surplus area to resettled tenants - Warrants issued for possession of land - Resettled tenants executed Qabuliat Namas in favour of..........
Punjab Tenancy Act, 1887, Section 77(3)(n) -- Suit for recovery of rent - Denial by defendant of being a tenant of land in dispute under plaintiff - Jurisdiction of Revenue Court - Barred - Orders of Revenue Authorities decreeing claim - Quashed being ultra vires...........
Punjab Tenancy Act, 1887, Section 4(5) -- Tenancy - Conies into existence only when a bilateral agreement between the parties - To prove a tenant - One of the material circumstances - Liability to pay rent - Only when conclusion reached that person liable to pay rent, can it be held that person claiming to be tenant, is a tenant under landowner - Amount of rent not..........
Evidence Act, 1872, Section 116 -- Continuance of tenancy - Tenant cannot deny title of landlord at the beginning of tenancy - Cannot acquire ownership by adverse possession merely because of entries in record of rights...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(i), 14A(i), Punjab Tenancy Act, 1887, Section 77(3)(e) -- Ejectment on ground of small landowner - Onus of proving a small landowner - On landowner - Onus of proving that landowner is not a small landowner - On tenant...........
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...........
