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ahmad4212
10-29-2012, 09:30 PM
Fixed-Term Tenancy Or Tenancy For Years-Tenants For Fixed Term

A fixed-term tenancy or tenancy for years lasts for some fixed period of time. It has a definite beginning date and a definite ending date. Despite the name "tenancy for years", such a tenancy can last for any period of time—even a tenancy for one week may be called a tenancy for years. At Common law (http://en.wikipedia.org/wiki/Common_law) the duration did not need to be certain, but could be conditioned upon the happening of some event, (e.g., "until the crops are ready for harvest" or "until the war is over"). In many jurisdictions that possibility has been partially or totally abolished
A fixed term tenancy comes to an end automatically when the fixed term runs out or, in the case of a tenancy that ends on the happening of an event, when the event occurs. If a holdover tenant remains on the property after the termination of the lease, s/he may become a tenant at sufferance because the lessor/landlord has suffered (or allowed) the tenant to remain as a tenant instead of evicting him or her. Such a tenancy is generally "at will," meaning the tenant or the landlord may terminate it at any time, upon the providing of proper statutory notice.
Section 40: Grounds of ejectment of tenant for a fixed term.–
A tenant not having a right of occupancy but holding for a fixed term under a contract or a decree or order of competent authority, shall be liable to be ejected from his tenancy at the expiration of that term, and, on any of the following grounds, 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) where 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 is situate;
(c) on any ground which would justify ejectment under the contract, decree or order.



Section 41: Ejectment of tenant from year to year.–
A tenant who has not a right of occupancy, and does not hold for a fixed term under a contract or a decree or order of competent authority, may be ejected at the end of any agricultural year.
Procedure on ejectment:
Section 42: Restriction on ejectment.–
A tenant shall not be 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 remains 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 competent authority.
43. Application to Revenue Officer for ejectment.–
In any such case as is mentioned in clause (a) or clause (b) of the last foregoing section, the land-lord may apply to a Revenue Officer for the ejectment of the tenant in the case mentioned in the former clause or for the service on the tenant of a notice of ejectment in the case mentioned in the latter clause.
Section 42: Restriction on ejectment.–
A tenant shall not be 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 remains 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 competent authority.


43. Application to Revenue Officer for ejectment.–
In any such case as is mentioned in clause (a) or clause (b) of the last foregoing section, the land-lord may apply to a Revenue Officer for the ejectment of the tenant in the case mentioned in the former clause or for the service on the tenant of a notice of ejectment in the case mentioned in the latter clause.
44. Ejectment for failure to satisfy decree for arrear of rent.– (1) On receiving the application in any such case as is mentioned in clause (a) of section 42, the Revenue Officer shall, after such inquiry with respect to the existence of the arrear as he deems necessary, cause a notice to be served on the tenant, stating the date of the decree and the amount due thereunder, and informing him that if he does not pay that amount to the Revenue Officer within fifteen days from receipt of the notice he will be ejected from the land.
(2) If the amount is not so paid the Revenue Officer shall, subject to the provisions of this Act with respect to the payment of compensation, order the ejectment of the tenant unless good cause is shown to the contrary.
45. Ejectment of tenant from year to year by notice.– (1) On receiving the application of the land-lord in any such case as is mentioned in clause (b) of section 42, the Revenue Officer shall, if the application is in order and not open to objection on the face of it, cause a notice of ejectment to be served on the tenant.
(2) A notice under sub-section (1) shall not be served after the fifteenth day of November in any [46] (http://punjablaws.gov.pk/laws/11.html#_ftn46)[agricultural] year.
(3) The notice shall specify the name of the land-lord on whose application it is issued, and describe the land to which it relates, and shall inform the tenant that he must vacate the land before the first day of May next following, or that, if he intends to contest his liability to ejectment, he must institute a suit for this purpose in a Revenue Court within two months from the date of the service of the notice.
(4) The notice shall also inform the tenant that if he does not intend to contest his liability to be ejected and he has any claim for compensation on ejectment, he should within two months from the date of the service of the notice prefer his claim to the Revenue Officer having authority under the next following sub-section to order his ejectment in the circumstances described in that sub-section.
(5) If within two months from the date of the service of the notice the tenant does not institute a suit to contest his liability to be ejected, a Revenue Officer, on the application of the land-lord, shall, subject to the provisions of this Act with respect to the payment of compensation, order the ejectment of the tenant:
Provided that the Revenue Officer shall not make the order until he is satisfied that the notice was duly served on the tenant.
(6) If within those two months the tenant institutes a suit to contest his liability to be ejected and fails in the suit, the Court by which the suit is determined shall by its decree direct the ejectment of the tenant.
46. Power to make rules.– The [47] (http://punjablaws.gov.pk/laws/11.html#_ftn47)[Board of Revenue] may make rules prescribing–
(a) the form and language of applications and notices under the two last foregoing sections; and
(b) the manner in which those applications and notices are to be signed and attested.
General provisions respecting ejectment
47. Time for ejectment.– A decree or order for the ejectment of a tenant shall not be executed at any other time than between the first day of May and the fifteenth day of June (both days inclusive), unless the Court making the decree or where the order is made under section 44, the officer making the order, otherwise directs.
48. Relief against forfeiture.– (1) If in a suit for the ejectment of a tenant on either of the grounds mentioned in clauses (a) and (b) of section 39 or of section 40 it appears to the Court that injury caused by the act or omission on which the suit is based is capable of being remedied, or that an award of compensation will be sufficient satisfaction to the land-lord therefor, the Court may, instead of making a decree for the ejectment of the tenant, order him to remedy the injury within a period to be fixed in the order, or order him to pay into Court, within such a period, such compensation as the Court thinks fit.
(2) The Court may from time to time, for special reasons, extend a period fixed by it under sub-section (1).
(3) If within the period, or extended period, as the case may be, fixed by the Court under this section, the injury is remedied or the compensation is paid, a decree for the ejectment of the tenant shall not be made.
49. Rights of ejected tenants in respect of crops and land prepared for sowing.–
(1) Where at the time of the proposed ejectment of a tenant from any land, his uncut or ungathered crops are standing on any part thereof, he shall not be ejected from that part until the crops have ripened and he has been allowed a reasonable time to harvest them.
(2) The Court or Revenue Officer decreeing or ordering the ejectment of the tenant may, on the application of the land-lord, determine any dispute arising in consequence of the provisions of sub-section (1) between the land-lord and tenant or between the land-lord and any person entitled to harvest the crops of the tenant, and may in its or his discretion–
(a) direct that the tenant pays for the longer occupation of the land secured to him under sub-section (1) such rent as may be fair and equitable, or
(b) determine the value of the tenant’s uncut and ungathered crops, and, on payment thereof by the land-lord to the Court or Revenue Officer, forthwith eject the tenant.
(3) When a tenant for whose ejectment proceedings have been taken has, conformably with local usage, prepared for sowing any land comprised in his tenancy, but has not sown or planted crops on that land, he shall be entitled to receive from the land-lord before ejectment a fair equivalent in money for the labour and capital expended by him in so preparing the land, and the Court or Revenue Officer before which or whom the proceedings are pending shall, on the application of the tenant, determine the sum payable to the tenant under this sub-section and stay his ejectment until that sum has been paid to him.