Amendment status not verified — confirm the current text below against the official source.
Duty of landowner to furnish receipt for rent received from tenant.- Every landowner shall give or cause to be given a valid receipt to the tenant In the form prescribed for the rent received by him or on his behalf. (2) Any landowner who fails to give or cause to be given such receipt shall on conviction be punishable with a fine which may extend to one hundred rupees. I[14-A.Procedure for ejectment and recovery of arrears of rents etc.- Notwithstanding anything to the contrary contained in any other law for the time being in force, and subject to the provisions of SectJOn 9-A.- (i) a landowner desiring to eject a tenant under this Act shall apply 111 writing to the Assistant Collector, First Grade. having jurisdiction. who shall thereafter proceed as provided for in sub-section (2) of section 10 of this Act. and the provisions of sub-section (3) of the said section shall also apply in relation to such application, provided that the tenant's rights to compensation and acquisition of occupancy rights, if any, under the Punjab Tenancy Act. 1887 (XVI of 1887) shall not be affected. 1[For Haryana only] 2[Provided that if the tenant makes payment of arrears of rent and interest. to be calculated by the Assistant Collector, First Grade, at eight percentum per annum on such arrears together with such costs of the application, if any, as may be allowed by the Assistant Collector, First Grade, either on the day of first hearing or within fifteen days from the date of such hearing, he shall not be ejected.] (ii) a landowner desiring to recover arrears of rent from a tenant shall apply in writing to the Assistant Collector, Second Grade, having jurisdiction. who shall thereupon send a notice in the fonn prescribed, to the tenant elther 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 whole or part of the rent, or of the fact of the landlords refusal to receive the same or to give a receipt, within the period specified in the notice. Where, after summary determination, as provided for in sub-section (2) of section 10 of this Act, the Assistant Collector finds that the tenant has not paid or deposited the rent, he shall eject the tenant summarily and put the landowner in possession of the land concerned; (iii) (a) if a landowner refuses to accept rent from his tenant or demand rent in excess of what he is entitled to under this Act, or refuses to gJve a receipt, the tenant may in writing inform the Assistant Collector, Second Grade, having jurisdiction of the fact; (b) on receiving such application the Assistant Collector shall by a written notice require the landlord to accept the rent payable in accordance within this Act, or give a receipt, as the case may be, or both, within 60 days of the receipt of the notice.] Comments S. 14-A--Difference between Cl. (i) and Cl. (ii)--Clause (ii) of S. 14-A deals \\ Ith eviction as punishment for non-compliance with the orders of the Court. Clause (i) deals with evictions for any of the reasons given in S. 9(1). One such reason is that the tenant had failed to pay rent regularly without sufficient cause. Eviction under the second clause is for failure to carry out the orders to deposit arrears of rent within the time fixed for payment and eviction under the first clause is a penalty for not paying the rent regularly without sufficient cause. The clauses are on di fferent footing and as the scheme of the Act itself shows different tribunals determine the two issues. Kapur Child v. B.S. Grewal, Re., Punjab, AIR 1965 SC 1491. Section 14-A--Eviction-- Default in payment ofrent--Notice--Petitioners admitted their liability before the Collector-- They were aware of the amount due which they 1 Added by Haryana Act No.5 of 1991. 2 Added by Haryana Act NO.5 of 1991. had to pay--In such a situation. the question of issuing any notice in any form to them did not arise--Since they failed to comply with the terms of the compromise. as recorded by the Collector, they were liable to be evicted. Manohar v. Financial C011lmissioner, Haryana, 2001(3) ICC (Pb. & Hry.) (D.B.) 220: 2001(2) PLR 149 Section l4-A--Eviction--Default in payment of rent--Landlord had chosen the lengthy procedure of a suit uls 77 of the Punjab Tenancy Act instead of a comparatively easier and summary procedure as envisaged under the provisions of the Punjab Security of Land Tenures Act, 1953--Since no prejudice caused. proceedings not liable to the annulled. Manohar v. Financial C011lmissioner, Haryana, 2001(3) ICC (Pb. & Hry.) (D.B.) 220: 2001(2) PLR 221 Section 14-A(i)--Ejectment of tenants--Application filed on the ground for failure to pay rent without sufficient cause--Dismissed by Assistant Collector Grade-I holding that due to pendency of an earlier dispute, the landlords could not file application for payment of 'Batai' --Appeals filed by the landlords before the Collector were allowed--Collector remanded the cases to the Assistant Collector for detennination of sufficient cause for non-payment of 'Batai' @1/3rd and effect of non-execution of 'Qabuliayat Nama' --Challenged--Commissioner decided that the appeals are not competent but treated the same as revisions and recommended to the Financial Commissioner that the plea of the landowners be accepted--Financial Conmlissioner did not agree with the Commissioner and remanded the case back--Conmlissioner dismissed the appeals on the ground that relationship of landlord and tenants had come to an end with the passing of order of ejectment in other proceedings--Present writ filed--Held,the findings recorded by the Assistant Collector, the Collector. the Financial Conmlissioner and the learned Single Judge that there was no sufficient cause for non-payment of rent by the tenants affirmed--The orders passed by the Financial Commissioner remanding the case to Conmlissioner--Quashed--Directions given to the Financial Commissioner to decide the revision petitions filed by the petitioners on merits after hearing the panies. Kishan Chand v. Financial C011lmissioner, 1999(3) ICC (Pb. & Hry.) (nB.) 501 Section 14-A(ii)--Eviction--Default in payment of Rent--Held that the petitioner. even though Dohlidar, was a landlowner and was entitled to recover Rent from the tenants inducted and if the tenants had failed to pay the same, nor had shown sufficient cause for non-payment thereof. they were liable to be evicted from the land in dispute. Mandir Darbari Lal ii, Meham v. Financial Commissioner, Haryana, Chandigarh, 1997(2)ICC (Pb. & Hry.) 790 : 1997(1) PLR 827 : 1997(1)Rent LR.677