Amendment status not verified — confirm the current text below against the official source.
LIABILITY OF TENANT TO BE EJECTED. contained in any other law for the time being in fo(1) Notwithstanding anything competent to eject a tenant except when such tenant no landowner shall be - (I) is a tenant on the area reserved under this Act or is a tenant of a small landowner, or (ii) fails to pay rent regularly without sufficient cause or (iii) is in arrears of rent at the commencement of this Act; or (iv) hac• failed, or fails, without sufficient cause, to cultivate the land comprised in his tenancy in the manner or to the extent customary in the locality in which the land is situate; or (v) has used or uses the land comprised in his tenancy in a manner which has rendered, or renders it unfit for the purpose for which he holds it; or (vi) has sublet the tenancy or a part thereof; provided that where only a or part of the tenancy has been sublet the tenant shall be liable to be ejected only from such part; (vii) refuses to execute a Qabuliyat or a Pata in the form prescribed, in respect of his tenancy on being called upon to do so by an Assistant landowner. Collector on an application made to him for this purpose by the Explanation - For the purpose of clause (Hi), a tenant shall be deem .ed to be in arrears Of rent at the commencement of this Act, only if the payment of arrears is not made by the tenant within a period of two months from the date 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 to ejectment shall be exercised in the order in which the applications or suits have been filed by the landowners concetirnedhave and been in case made of simultaneous application or suits the priority for ejectment shall commence serially from the smallest landowner: THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 7 Section---9 Explanation. - Where a tenant holds land jointly with other tenants only his share in the joint tenancy shall be taken into account in computing the area held by him. Case Law Sections 9, 9A and 14A— Tenants aggrieved by concurrent order of ejectment by courts below on grounds (1) the landowner was a small landowner (ii) no rent has been paid for last 2 years— Order of eviction passed in 1973 tenant has not vacated because he had not been resettled— Tenant had not applied for resettlement—Petitioner has failed to pay rent—No cause much less sufficient cause has been shown for such failure—Tenant is liable to be evicted under S. 9 of the Act—Orders of eviction did not absolve the tenant for paying rent; Sunder Singh v. Financial Commissioner, Rev. Pb. Chandigarh; 2001(2) Land L.R. (Pb. & Hry.) (DB) 622 • Section 9(1)(i)—Constitution of India Article 226—Eviction— Eviction on ground of small land owner—Respondent's contention that he is a co-sharer and not a tenant—Contention not acceptable as in suit for declaration filed by respondent he claimed himself to be tenant—Holdings of tenant in Haryana is more than 5 standard acres and land also in Punjab—Tenant not poor—Claim of land owner for eviction of tenant sustained; Rugha Ram v. Financial Commissioner, Revenue, Haryana ; 2002(1) Land L.R. (Pb.& Hry.) (DB) 251 Section 9(1)(i)—Ejected tenant—Petitioners--Orders of ejectment subject to resettlement of petitioners on equivalent land available from separate pool— Allotment made—Petitioner resisted this allotment on grounds of poor quality of land as also being taken away from his residence—Prayed for allotment some surplus land nearer his place—On persistent requests, Commissioner alloted land in lambardar village, already in occupation of armed forces, possession to be given on armed forces vataling the land- -It was later found by FC that Forces occupation was be continued indefinitely and thus FC reviwed ite earlier order— Review is under challenge.; Des Raj alias Deso v. Financial Commissioner, Taxation, Punjab and others: 2004(1) Land L.R. (Pb:& Hry.) 316 Sections 9 (1)(i) and 77—Transfer of Property Act, 1882—Section 54— Ejectment proceedings pending before revenue court, landlords/Tenants enter into an agreement to sell land as per time bound programme—Half of earnest money paid—Thereafter tenants, prospective vendors, neither paid half of the earnest money, nor adhered to the time schedule for execution of the sale deed—And also stopped paying batai to the petitioners /landlords—Collector ordered ejectment—Upheld by Commissioner in appeal but F.C.set aside the order—It was held that agreement to sell entered, put an end to the relationship of landlord tenants challenge to the observation is by this Civil Writ Petition— Under Section 54 of T.P.A. it cannot be said that mere execution of the sale agreement does not mean the right of the lessor has come to an end—Mere agreement to sell dqes not confer any title—Relationship of landlord Tenants are not swapped. ; Harkaran Singh and ors. v. Financial Commissioner Haryana and ors.: 2004(1) Land L.R. (Pb.& Hry.) 217 PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 17,2013 281 (AGIIN 26, 1935 SAKA) 8 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 Section---9A Section 9(1)(ii)—Non-payment of rent Eviction proceedings—Revision before F.C. was also decided. against petitioner—petitioner claims to be not, aware of the change in ownership—Before AC; petitioner has admitted the relationship of landlord and tenant— Petitioner is not now entitled to contend otherwise—There being no sufficient cause for non-payment of rent and regular defaults without any cause, there is no ground to interfere in findings recorded by authorities—No error -needs correction in exercise of extraordinary jurisdiction under. Art. 226 of the Constitution; SurInder Singh v. Financial Commissioner, Punjab; 2002(1) Land LA- (Pb.& liFy–.) (DB) 692 9-A. ACCOMMODATION OF TENANTS ON SURPLUS AREA. - No tenant liable to ejectment under clause (i) of sub-section (1) of the _section next proceeding shall be dispossessed Of his tenancy unless he is accommodated on a surplus area in accordance with the provisions of Section 10-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: Provided further that the tenant of a landowner who is a member of the Armed Forces of the Union shall also not be entitled to the benefit of this section. Case Law Section 9A—Petitioners ordered to be evicted from the land in their possession— Resettlement already ordered on some surplus area— Petitioners • refused to accept the allotment as the land owner had filed a suit challenging declaration of surplus area—This suit had been filed in 1989 and the petitioners refused acceptance in 1987— Other contention that the allotted land already stood allotted to some one else is baseless—That allotment had been cancelled in 1984—On either of the two contentions petitioners were not justified in retaining possession of the present land and in refusing to accept the allotment — & Hry.) 475 Writ petition fails; Abdul Rehman State of Haryana; 2000(3) Land L.R. (Pb. Section 9-A, First Proviso— Ejected Tenants—Resettlement of— All of ejected tenants to be resettled to the extent of 5 standard including another land held or • owned by them and not each individual ejected tenant.; Dona Ram v. State of Punjab : 2003(1) Land L.R. (F.C. Pb) 241 Sections 9A & 9—Haryana Utilis.ation of surplus and other areas scheme, 1976, Para 5— Ejectment ordered in 1981 under the Tenures Act, Section 9— Petitioners should have been keen for allotment of surplus land-- Only at the PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 17th December, 2013 No. 6I-Leg./2013.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 29th Day of November, 2013, is hereby published for general information:- THE PUNJAB SECURITY OF LAND TENURES (AMENDMENT) ACT, 2013 (Punjab Act. No. 50 of 2013) AN ACT further to amend the Punjab Security of Land Tenures Act, 1953. BE it enacted by the Legislature of the State of Punjab in the Sixty- irth Year of the Republic of India, as follows:- (1) This Act may be called the Punjab Security of Land Tenures lendment) Act, 2013. (2) It shall come into force at once. In the Punjab Security of Land Tenures Act, 1953, for section 9-B, the wing section shall be substituted, namely:- The concession given under sections 9 and 9-A to the land owner, who is a Non-Resident Indian, shall be available only in respect of his ancestral property and the property, Nhich has been purchased by him at least five years before from the late he files the ejectment application.". One time concession. H.P.S. MAHAL, Secretary to Government of Punjab, Department c.f Legal and Legislative Affairs. Substitutitm section 9-it of Punjab Act