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..........
Punjab Security of Land Tenures Act, 1953, Section 17A, Punjab Pre-emption Act, 1913, Section 15 -- Sale of tenancy land in favour of tenant - Protected from pre-emption - Tenant entitled to protection to the extent he purchased land - Land purchased in equal shares by four brothers - One of the vendees a tenant on the land under vendor - One-fourth share of land purchased..........
Punjab Tenancy Act, 1887, Section 4(5), 4(8) -- Tenancy - Always a matter of contract, may be either express or implied - Occupant of agricultural land - Generally recorded as tenant-at-will - To find out tenancy - Reference has to be made to column of rent - No evidence as to what rent payable - Possession not as a tenant...........
Punjab Security of Land Tenures Act, 1953, Section 2(3), 2(5a) -- Tenant's permissible area - Can be included in landowner's permissible area - From total holding of landowner after excluding his permissible area, balance would be surplus area - Not correct that area left with landowner after excluding tenant's permissible area to be permissible area of landowner - After..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Ejectment for failure to pay rent regularly - Finding that tenant had net paid rent within time - Not sufficient - Incumbent on Revenue Officers to give a clear finding that he has satisfied himself that concerned tenant such a tenant who has failed to pay rent regularly without sufficient cause...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Failure to pay rent regularly without sufficient cause - Ejectment application by purchaser from original landowner - No notice given to tenant of new ownership - Ownership column of Khasra Girdawaris name of previous owner continued - Tenant did not fail deliberately to pay rent - Revenue Officer not justified..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i), 9(1)(i), 8 -- Death of tenant during pendency of ejectment proceedings - Daughter of deceased tenant not entitled to succeed to tenancy rights in view of Section 8 - Cannot be impleaded as legal representative of deceased tenant...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 22 -- Scope of - Resettled tenant forcibly dispossessed of allotted land - Remedy for restoration of possession - By way of summary proceedings under Section 22 - Section 22 a new provision prescribing special remedy by way of summary proceedings in case of ejectees - No corresponding provision in Punjab Security of Land..........
Punjab Tenancy Act, 1887, Section 8, 77(3)(d) -- Occupancy rights on ground of continuous possession for long period - Suit under Section 8 filed before land acquisition notification' - Rights of parties to be seen as on the date suit filed in Revenue Court - Subsequent events (Notifications and Award under Land Acquisition Act) will not unsettle rights - Relationship of..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Ejectment application of landowner and suit of tenant for occupancy rights - Not to be clubbed together - Ejectment proceedings under Punjab Security of Land Tenures Act conducted by Revenue Officials as Revenue Officers - Suit for occupancy rights under Punjab Tenancy Act to be tried by Revenue Officials as..........
