Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pepsu Tenancy and Agricultural Lands Act as amended by Act No. 15/56 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Pepsu Tenancy and Agricultural Lands Act as amended by Act No. 15/56-Sections 7, 7A & 8 Termination of tenancy-Tenant shall hold land for a minimum term of three year-Expiry of three years' tenure-Whether tenant is automatically liable to be ejected-Held, No-Tenant would be liable to ejectment only on proof of one or some or all conditions mentioned in Sec. 7 or Sec 7A. The appellant-tenant was sought to be ejected u/s 8 of the Pepsu Tenancy & Agricultural Lands Act, on the ground that the period of three years of the lease had expired and that, therefore, he was liable to be ejected. The order of eviction was confirmed in appeal as well as in writ petition filed by the appellant. This appeal by special leave had been filed against the decision of the High Court. The question raised for determination was whether the landlord, after expiry of three years' lease gets right of ejectment of a tenant u/s 8 without recourse to the provisions of sections 7 and 7A of the Act. The appellant submitted that if the landlord seeks ejectment of the tenant, he has to satisfy conditions enumerated in Sections 7 and 7A and on expiry of three years, the tenant is not automatically liable to be ejected, unless he commits any one of the contraventions mentioned in section 7 or the landlord requires the land as enumerated in Section 7A or the Act. The respondent landlord contended that the object of the Amendment Act is not only to give protection to the tenant and small land holders to augment their holding but also to give right to the small tenure holders to have the tenant ejected irrespective applicability of all or any of the provisions enumerated in section or section 7 A of the Act. Allowing the appeal |
Judge | N/A |
Neutral Citation | 1995 INSC 840 |
Petitioner | Dina |
Respondent | The Financial Commissioner, Punjab, Chandigarh And Ors. |
SCR | [1995] Supp. (6) S.C.R. 244 |
Judgement Date | 1995-12-05 |
Case Number | 1108 |
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