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View Full Version : On what ground tenant can be ejected. (1998)(2000)(2003)(2004)



vustudents
09-11-2012, 12:56 AM
1. Introduction:
A tenant having right of occupancy can be ejected on different ground under the Punjab tenancy act. the procedure of ejectment is described in the Punjab tenancy act. a tenant who has been illegally disposed or rjrcted without following the procedure can seek his rremedy in the court of law.
2. Relevant provisions:
Sections 39, 40, 41, 42, 47 Punjab tenancy act.
3. Meaning of ejectment:
Ejectment is a legal action brought by one claiming a right to possess real property against another who is passing the same adversely.
4. Definition of tenant:
Tenant means a person who holds land under another person, and is or but for a special contract could be liable to pay rent for taht land to that other person and includes the predecessors and successors in interest of such person but does not include.
(i) A mortgagee of rights of a landowner or.
(ii) A person to whom a holding has been transferred or an estate the provisions of this act for the recovery of an arrears of land revenue or of a sum recoverable as such an arrear or.
(iii) A person whom takes from government a lessee of an unoccupied land for the purposes of sub- letting it.
(i) Meaning of tenancy:
Tenancy means a parcel of land held by a tenant under one lease or set of conditions.
5. Grounds for ejectment of tenant:
I. Grounds for ejectment of occupancy tenant:
A tenant having right of occupancy shall be liable to be ejected from his tenancy on any of the following grounds.
(a) That he has used the land comprised in the tenancy in a manner which renders it unfit for the purpose for which he held it.
(b)Where rent is payable in kind, that he has without sufficient cause failed to cultivate that in the manner or to the extent customary in the locality in which the land is situate.
(c) When a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied.
II. Ground of ejectment of tenant for a fixed term:
A tenant not having the right of occupancy but holding for a fixed term under a contract or a decree or order of the competent authority shall be liable to be ejected form his tenancy at the expiration of that torm and any of the following before the expiration thereof namely:
(a) That he has used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he held it.
(b) When rent is payable in kind that he has without sufficient cause failed to cultivate that land in the manner or to the extent customary in the locality in which the land situate.
(c) On any ground which would justify ejectment under the contract decree or order.
III. Grounds for ejectment of tenant form year to year:
A tenant who has not a right of occupancy and dose not hold for a fixed term under a contract or a decree or order of the competent authority may be ejected at the end of any agricultural year.
6. Limitation of ejectment:
(i) A tenant shall not ejected otherwise than in execution of a decree for ejectment except in the following cases namely:
(a) When a decree for an arrear of rent in respect of his tenancy has been passed against him and remain unsatisfied.
(b) When the tenant has not a right of occupancy and does not hold for a fixed term under a contract or a decree or order of the competent authority.
(ii) A decree or order for ejectment of tenant shall not be executed only during particular season of the year which in between 1th May and 15th of June under the order is made u/s 44.
7. Rights of ejected tenants:
Ejected tenancy has right of reasonable tome for harvest. where at time proposed ejecement of tenant form any his uncut or ungathered crops are standing on any part thereof he shall not be ejecte form that part until the crops have been ripened and he been allowed a reasonable time to harvest them. ejected tenant has also right in land for crowing.
8. Conclusion:
To conclude i can say that the procedure for ejectment under the Punjab tenancy act is followed by the landlord to eject tenant form occupancy.