Amendment status not verified — confirm the current text below against the official source.
of notice of the execution of decree or order, directing him to pay such arrears of rent.] (2) Notwithstanding anything contained hereinbefore a tenant shall also be liable to be ejected from any area whIch he holds In any capacity whatever in excess of the permissible area: Provided that the portion of the tenancy from which such tenant can be ejected shall be determined at his option only if the area of his tenancy under the landowner concerned is in excess of the area from which he can be ejected by the said landowner: Provided further that if the tenant holds land of several landowners and more than one landowner seeks his ejectment. the right of ejectment shall be exercised in the order in which the applications have been made or suits have been filed by the landowners concerned and In case of simultaneous applications or suits the priority for ejectment shall commence serially from the smallest landowner: Explanation.- Where a tenant holds land jointly with other tenants only his share in the joint tenancy sha11be taken into account in computing the area held by him. Comments Section 9(1)(i)--Eviction--Co-sharer-- Petitioner in a declaratory suit claiming to be a tenant cannot claim to be a co-sharer in eviction proceedings--Claim of eviction sustained by Revenue Authorities--No interference required. Rugha Ram v. Financial Commissioner, Revenue, Haryana, 2001(3) ICC (Pb. & Hry.) (D.B.) 544 : 2001(2) PLR 53 Section 9(l)(i)--Eviction--Plea of respondent of being a co-sharer and not tenant--Not sustainable as he already stands declared as tenant in <mother civil suit against him--Claim of the landowner for eviction of tenant sustained of concurrent finding of the fact that he is a small landowner. Rugha Ram v. Financial Commissioner, Revenue, Haryana, 2001(3) 1CC (Pb. & Hry.) (D.B.) 204: 2001(2) PLR 53 Tenant--Ejectment of--Non payment of rent-- Whether a single default in payment of rent would be sufficient to order ejectment--Held. yes--Even a single default falls within the mischief of Section 9( 1)(ii) and would make the tenant liable for ejectment. Surinder Singh v. Financial Commissioner, Punjab, 2001(1) 1CC (Ph. & Hry.) (D. B.) 481 Tenant--Ejectment of--Non payment ofrent--Held, though it is true that the law is heavily loaded in favour of tenant, yet it is also clear that the law expects the tenant to pay regularly--A default can be-condoned only if sufficient cause is shown and not otherwise. Surinder Singh v. Finaizcial Commissioner, Punjab, 2001 (I) 1CC (Ph. & Hry.) (D.B.) 481 Sections 9, 12, 14 and 14A--Non-payment of Rent--Eviction--Tenant/Petitioner contending that the application filed by the land owners for their eviction from the land is not maintainable and deserves rejection because of their failure to avail the remedy under Sections 17 and 18 of Punjab Tenancy Act--Held. no merit in the contention of the tenants as firstly the said point was never raised before the learned Single Judge and secondly remedy under Sections 17 and 18 of Punjab Tenancy Act IS not an alternative remedy to seek ejectment of the Tenant--Also in order to avail the protection of the Act of 1953 and the Rules, the tenant must fulfill their obligations under the Act i.e. to pay rent regularly otherwise hemust be ready to face the consequences of the same--Learned Single Judge rightly refused to interfere with the pure finding of fact recorded by the Financial Commissioner on the issue of default. Gian Chand v. The RC., Hry., Chd. (Pb. & Hry.)(D.B.) 609 Sections 9 and l4A-- Whether the order of eviction passed against the respondent-tenant is vitiated and is liable to be set aside merely because the appellant landlord had initiated' proceedings under Punjab Tenancy Act and not under Punjab Security of Land Tenures Act--Leamed Single Judge held that the landlord having initiated proceedings under Section 77 of the Punjao Tenancy Act and not under - Section l4A of the Security of Land Tenures Act, the orders passed by revenue courts in untenable--Held, failure to pay rent is one of ground of eviction under Section 9 of Punjab Security of Land Tenures Act--Hence ground for eviction is clearly made out--Order oflearned Single Judge is unsustainable--Eviction order passed by revenue court is liable to be restored. Faquira v. Khem Chand, 1999(2) ICC (Pb. & Hry.)(D.B) 585 I[9-A.- No tenant liable to ejectment under clause (i) of sub- section (1) of the section next preceding shall be dispossessed of his tenancy unless he is accommodated on a surplus area in accordance with the provisions of section IO-A or otherwise on some other land by the State Government. Provided that if the tenant concerned is the tenant of a small landowner. he shall be allowed to retain possession of his tenancy to the extent of five standard acres including any other land which he may hold as ~ tenant or owner, until he is so accommodated on a surplus area or otherwise; Provided further, that if a tenancy commences after the commencement of this Act, and the tenant is also an owner and is related to his landlord in the manner prescrIbed, he shall not be entitled to the benefit of this section:] 2[Punjab Amendment] 3[Provided further that the tenant of the landowner who is a member of the Armed Forces of the Union 4[or a Non-Resident Indian] shall also not be entitled to the benefit of this section.] Comments Section 9-A--Petitioners holding more than 5 standard acres in Haryana and owning land in Punjab also cannot be telmed as poor tenants lacking other source of livelihood--No equity in their favour-- No interference with the conculTent findings of the COll!1Sbelow. Rugha Ram v. Financial Commissioner, Revenue, Haryana. 2001(3) ICC (Pb. & Hry.) (HB.) 544: 2001(2) PLR 53 1 New section 9-A added by Punjab Act 1I of 1955. 2 Added by Punjab Act No. 28 of 1969,section 2. 3 Added by Punjab Act No. 28 of 1969.section 2. 4 Inserted by Punjab Act 6 of 1998. The Punjab Security of Land TenuresAct, 1953 229 1 [9-B. One time concession.- The concession given under sections 9 and 9-A to the land-owner who is a Non-Resident Indian shall be one time concession and shall be available only in respect of the land acquired or held by him before the commencement of the Punjab Security of Land Tenures (Amendment) Act, 1997.] [For Haryana only] 2[Section 9B.- Benefit to the members of Anned Forces - A person who is a tenant of a landowner who - (a) that a member of the Armed Force of the Union of India and stands retired or discharged from the Armed Forces; or (b) is a widow or a minor child ofa member of the Amled Forces. \\ho died while-in-service, shall not be entitled to the benefit undcr the proviso to section 9-A. Provided that the application for ejectment is made within period of one year from the date of the retirement. discharge or death or from the date of the commencement of the Punpb Security of Land Tenures (Haryana Amendment Ordinance 1984) whichever is lateL]