9911796707
TMI Blog1970 (9) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... Tenures Act, 1953, to the Assistant Collector for an order in ejectment against Shadi. The application was dismissed by the Assistant Collector and that order was confirmed in appeal by the Collector. The Financial Commissioner set aside the order and remanded the case for a fresh decision by order dated January 8, 1962. There was yet another proceeding regarding the same lands. On February 20, 1961 Shadi applied to the Assistant Collector to purchase the lands under S. 18 of the Punjab Security of Land Tenures Act, 1953. The Assistant Collector rejected the application. The Collector confirmed that order. By order dated October 5, 1962, the Financial Commissioner remanded the case for determining whether Shadi was in occupation of the land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appealed to this Court with special Leave Section 9(1) of the Punjab Security of Land Tenures Act, 1953 provides .lm15 Notwithstanding anything contained in any other law for the time being in force, no landowner shall be competent to eject a tenant except when such tenant- (i) is a tenant on the area reserved under this Act or is a tenant of a small landowner; or (ii) fails to pay rent regularly without sufficient cause; or (iii) is in arrears of rent at the commencement of this Act; or (iv) has failed, or fails, without sufficient cause, to cultivate the land comprised in his tenancy in, the manner or to the extent customary in the locality in which the land is situate; or (v) has used, or uses the land comprised in his. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Second Grade, having jurisdiction, who shall thereupon send a notice, in the form prescribed, to the tenant either to deposit the rent or value thereof, if payable in kind, or give proof of having paid it or of the fact that he is not liable to pay the whole or part of the rent, or of the fact of the landlord's refusal to receive the same or to give a receipt, within the period specified in the notice. Section 18 of the Act, insofar as it is relevant provides (1) Notwithstanding anything to the contrary contained in any law, usage or contract, a tenant of a land-owner other than a small land-owner- (i) who has been in continuous occupation of the land comprised in his tenancy for a minimum period of six years, or (ii) who has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Notwithstanding anything to the contrary contained in any law, usage or contract whittles down the right of the tenant at the date when he makes a claim to purchase the land merely because the tenancy is liable to be terminated in a proceeding then pending for an order in ejectment under s. 14-A, at the instance of the land-owner. Under the Act, the tenancy does not stand terminated merely because a proceeding in ejectment is instituted. The tenancy is determined 'only in the conditions, prescribed by s. 9and in the manner provided by s. 14-A. If a tenant is in default in payment of rent the land-owner desiring to recover rent due by the tenant may apply in writing to the Assistant Collector who shall thereupon send a notice to the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been passed. Therefore, at that time, the relationship of landlord and tenant did exist. Mr. Daulta has not been able to point to me any provision of law which would make the eviction decree. operative from the date of the eviction application. The mere fact that the tenants had incurred the liability for eviction by reason of non-payment of rent would not put an end to the admitted relation- ship of landlord and tenant between the parties. This liability only puts an end to the aforesaid relationship when the eviction decree is passed. The eviction decree was passed long after the section 18application. Therefore, the present petition is liable to, succeed only to have extent of section 18 application, that is, the tenants would be entitle ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
