Bare ActsThe Punjab Land Revenue Act, 1887

Section 39

Grounds of ejectment of occupancy tenant

Amendment status not verified — confirm the current text below against the official source.

Grounds of ejectment of occupancy tenant.— (1) Atenant hav- ing a right of occupancy shall be liable to, be ejected from his tenancy on any of the following grounds, namely: (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 land 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. (2) . [--] (Omitted by the Indian (Adaptation of Existing Law) Order 1947. Section 4(i). . THE PUNJAB TENANCY ACT, 1837 23 Section:- 40 Case Law —Ss. 39, 40 and 48—Subletting and non-payment of the rent to the land-owners established in the Court of Assistant Collector Grade I—Further held that relationship of landlord/tenant existed between the parties--Ejectment ordered—Upheld by the Collector in appeal—In appeal Commissioner reversed the order--Allowed the tenant to pay arrears of rent under S. 48 of the Act—F.C. reversed orders of the Commissioner and restored orders of the Collector observing that S. 48 applied to tenants falling under S. 39(a) and (b) and S. 40—Case of petitioners falls under neither—Benefit of S. 48 cannot be allowed; 1992(2) ALL INDIA LAND LAWS REPORTER 591. Section 39 to 41—Plaintiff suit for restraining defendants from interfering with their possession—Jamabandi of 1971-72 and again of 1991-92 show plaintiffs recorded as tenants of the defendants—At lease prima fade Revenue Act, Section 122 would not be applicable—Concurrent findings of the court below is that—Provisions of 39 to 41 Tenancy Act, readwith Section 42 of the same Act give a complete protection to the tenant—Cannot be ejected except for procedure prescribed therein—This view does not appear to be erroneous—Plaintiffs being original tenants under the original landowner, the suit as decreed by lower court is confirmed—Punjab Land Revenue Act, 1887— Section 122.; Gurudwara Sahib Patshahi Naumi Guri Teg Bahadur Sahib Hind v. Jaggar Singh. : 2000(4) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 48..

Section 39 – The Punjab Land Revenue Act, 1887 | DailyLaw.ai