INTRODUCTION
Under the Punjab Tenancy Act, of 1887, a tenant having the right of occupancy can be ejected on different grounds. The procedure of ejectment is described in this act. A tenant shall not be ejected without following the procedure described under the Punjab Tenancy Act, of 1887.
RELEVANT PROVISIONS
Sections 39, 40, 41, 42, 47 Punjab Tenancy Act 1887.
MEANING OF EJECTMENT
Ejectment is a legal action brought by one claiming a night to possess real property against another who is passing the same adversely.
DEFINITION OF TENANT
Tenant means a person who holds land under another person, and is or but for a special contract would be liable to pay rent for that land to that other person but it does not include.
(a) An inferior landowner
(b) A mortgagee of rights of a landowner
(c) A person to whom a holding has been let inform the Punjab Land Revenue Act 1887. for the recovery of arrears of land revenue or of a sum recoverable as such as an arrear
(d) A person who takes from the Government a lessee of unoccupied land for the purposes of sub-letting it.
WHAT IS TENANCY
Tenancy means a parcel of land held by a tenant under one lease or set of conditions.
GROUNDS FOR EJECTMENT OF OCCUPANCY TENANT
Usage Renders land unfit for the Purpose:
A tenant who has a right of occupancy shall be liable to be ejected from his tenancy on the ground that he has used the land comprised in the tenancy in a manner that renders it unfit for the purposes for which he held it.
Purpose and Meaning: The above-mentioned rule has two purposes.
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- Agricultural purpose
- Purpose subservient to agriculture
Failure to Cultivate without Sufficient Reason:
A tenant has a right of occupancy and shall be liable to be ejected from his tenancy o grounds where rent is payable in kind that he has without sufficient cause failed to cultivate that in the manner to the extent customary in the locality in which the land is situated.
Cultivation of Inferior Crops: If the tenant willfully cultivates inferior crops and resulting in lesser output, the landlord can demand a share according to average crops and also eject the tenant.
Purpose: The object of the clause is to protect the landlord in cases where he receives rent in kind.
3. Decree against Tenant remains Unsatisfied:
A tenant who has a right of occupancy shall be liable to be ejected from his tenancy on the ground that when a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied.
4. Scope:
The section describes the grounds on which an occupancy tenant may be ejected. Any one of those grounds mentioned in the text of the section is sufficient for ejectment.
5. Appeal:
Where a tenant has appealed from a decree for a rent, he can not be ejected until the appeal is under consideration.
GROUND FOR EJECTMENT OF TENANT FOR A FIXED TERM
1. Expiration of Term:
A tenant not having a right of occupancy but holding for a fixed term under a contract or a decree or order of competent authority, shall be liable to be ejected from his tenancy at the expiration of the term.
2. Usage renders Land unfit for the Purpose:
A tenant having a right of occupancy shall be liable to be ejected from his tenancy on ground that he has used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he held it.
3. Failure to Cultivate without Sufficient Reason:
A tenant having a night of occupancy shall be liable to be ejected from his tenancy on the ground where rent is payable in kind, that he has without sufficient cause failed to cultivate that in the manner to the extent customary in the locality in which the land is situated.
4. Any other Justifiable Ground:
The tenant may be ejected from the occupancy on any ground which would justify ejectment under the contract, decree, or order.
EJECTMENT OF TENANT FROM YEAR TO YEAR
A tenant who has not a right of occupancy and does not hold for a fixed term under a contract, or a decree or order of the competent authority, may be ejected at the end of any agricultural year.
RESTRICTION/LIMITATION ON EJECTMENT
1. Restriction on Ejectment:
A tenant shall not be ejected otherwise than in execution of a decree for ejectment except in the following cases namely
- When a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied.
- When the tenant has not a right of occupancy and does not hold for a fixed term under a contract or a decree or order of the competent authority.
2. Compensation in case of Ejectment:
A decree or order for the ejectment of the tenant shall not be executed only during a particular season of the year which is between 1st May and 15th June under the order made under section 44.
3. Good cause for Non-Ejectment
It is good cause under section 44(2) to refuse an order for the ejectment of an occupancy tenant if he pays the amount of the arrears decreed against him before the order of ejectment passed.
RIGHTS OF EJECTED TENANTS
Where at the time proposed ejectment of a tenant from any land his uncut or ungathered crops are standing on any part thereof he shall not be ejected from that part until the crops have been ripened and he has been allowed a reasonable time to harvest them.
CONCLUSION
It is concluded that the procedure for ejectment under the Punjab Tenancy Act 1887 followed by the landlord to eject the tenant from occupancy. A tenant who possesses the right of occupancy and a tenant who holds the land for a fixed period can be objected to on any of the grounds mentioned in sections 39 and 40 of the Punjab Tenancy Act, of 1887.
FAQs
Analyse various legal provisions relating to the ejectment of (a) occupancy Tenant (b) tenant for a fixed term and (c) tenant from year to year. Also discuss the restrictions, if any, on such ejectment.
(2018-A, 2015-A)
Discuss in detail the law relating to ejectment (a) Occupancy Tenant (b) Tenant for a fixed term (c) Tenant from year to year. Also discuss the restrictions, if any, on such ejectment.
(2014-S)
Time is of the essence in ejectment proceedings. Explain with reference to the grounds of ejectment of a tenant for a fixed term.
(2012-S)
What are the grounds on which a non-occupancy tenant for a fixed term can be ejected from his tenancy?
(2012-A)
Define and explain the following terms. (a) Tenant from year to year (b) Tenant for a fixed term and (c) Occupancy Tenant.
(2016-S)
State restrictions on ejectment.
(2011-A)
On what grounds can a tenant for a fixed term be ejected before the expiry of the term?
(2009-S)
Under what circumstances can a tenant be ejected what restrictions have been imposed on the ejectment of tenants?
(2007-S)
A tenant can not be ejected save in accordance with the law, Explain what are the grounds for ejectment of a tenant from year to year. What are the grounds for ejectment of a tenant for a fixed term?
(2007-A)
