Amendment status not verified — confirm the current text below against the official source.
Ejectment of tenant from year to year by notice.— (1) On re- ceiving.the application of the landlord 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 eject- ment 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 [agricultural] (Ins. by the Rep. and Amending Act, 1891 (XII of 1891) year. THE PUNJAB TENANCY ACT, 1887 25 Section:- 46 (3) The notice shall specify the name of the landlord on whose appli- cation 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 that 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 Rev- enue Officer, on the application of the landlord shall, subject to the provi- sions of his 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 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. Case Law Section 45--Revenue Act, talks of a right which an aggrieved person may agitate if he is in possession of the land—Applicants here were deprived of the possession by an order of the State as early as ,,about 1902—And later confirmed by consolidation proceedings--Stood so for years as having been decided by the then Tehsildar and Nazim—This would then operate as res-judicata to the present application—The position is different—Those not in possession want the record of rights to be amended and such request cannot be entertained by the Revenue Court as per Section 158(2)(vi)—Decree or decision of a Revenue Court having no jurisdiction could not operate as res-judicata—Suit for declaration is to be filed under Specific Relief Act— Jurisdiction. of Civil Court is not barred by Section 77(3) of Punjab TenancyAct, Punjab Land Revenue Act, 1887-Section 45-A; 1995(2) All INDIA LAND LAWS REPORTER 372/373.