Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Punjab Security of Land Tenures Act, 1953

Saturday, January 01, 2011
Punjab Security of Land Tenures Act, 1953

Punjab Security of Land Tenures Act, 1953 — Section 14-A r/w Section 10(2) — For ejectment of a tenant under the 1953 Act or for recovery of arrears of rent from a tenant, the procedure laid down in Section 14-A read with Section 10(2) of the Act has to be followed.

 
Punjab Security of Land Tenures Act, 1953

Punjab Security of Land Tenures Act, 1953 — Section 9(1)(ii) — Ejectment — Tenant is liable to be ejected if he fails to pay rent regularly ‘without sufficient cause’.

 
Punjab Security of Land Tenures Act, 1953

Punjab Security of Land Tenures Act, 1953 — Section 9(1)(ii) — Ejectment — Where the tenant is able to prove that he had sufficient cause for not paying the rent for any period, he can get rid of the consequence of ejectment provided in Section 9(1)(ii) of the 1953 Act.

 
Punjab Security of Land Tenures Act, 1953

Punjab Security of Land Tenures Act, 1953 — Section 9(1)(ii) — Ejectment — Non-payment of rent — Tenant not paying rent on the ground that he is pursuing his claim of occupancy rights in respect of the suit land — Held, tenant is not liable to be evicted under Section 9(1)(ii) of the 1953 Act as he had sufficient cause for not paying the rent for the land.

 
Saturday, January 05, 2008
Punjab Security of Land Tenures Act, 1953

Punjab Security of Land Tenures Act, 1953 — Section 10-A(b) — Punjab Security of Land Tenures Rules, 1956, Rules 18, 20-A, 20-B, 20-C and 20-D — Process of utilisation of the surplus area — When complete? — Held, while allotment of land is an initial stage in the process of utilisation of the "surplus area", it does not complete that process as it is necessary for the allottee to obtain a certificate of allotment, take possession of the land within the period specified for the purpose, and to execute a "qabuliyat" or "patta\'\' in respect thereof — The process of utilisation contemplated by Section 10-A of the Act is therefore complete, in respect of any "surplus area", only when possession thereof has been taken by the allottee or the allottees and the other formalities have been completed, and there is no force in the argument that a mere order of allotment has the effect, of completing that process — Reference in this connection may also be made to Rule 20-D of the Rules which provides that in case a tenant does not take possession of the "surplus area" allotted to him for resettlement within the period specified therefore, the allotment shall be liable to be cancelled and the area allotted to him may be utilised for the resettlement of another tenant — It cannot therefore be doubted that a completed title does not pass to the allottee on a mere order of allotment, and that order is defeasible if the other conditions prescribed by law are not fulfilled — Financial Commissioner, Haryana State and Ors. vs. Smt. Kela Devi and Anr. (1980 (1) SCC 77) relied.     

 
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