Thursday, January 15, 2015

LLB PART II On what ground tenant can be ejected.

On what ground tenant can be ejected.

1. Introduction:
 2. Relevant provisions:
Sections 39, 40, 41, 42, 47 Punjab tenancy act.
3. Meaning of ejectment.
 4. Definition of tenant:
(i) A mortgagee of rights of a landowner or.
(ii) A person to whom a holding recoverable as such an arrear or.
(iii) A person whom takes from government a lessee.            (i) Meaning of tenancy: 5. Grounds for ejectment of tenant: I. Grounds for ejectment of occupancy tenant:           (a) that he has used the land comprised.
 (b)Where rent is payable in kind.
(c) When a decree for an arrear of rent.
II. Ground of ejectment of tenant for a fixed term:
 (a) That he has used the land comprised.
(b) When rent is payable in kind that he has without sufficient cause failed to cultivate that land.
(c) On any ground which would justify ejectment under the contract decree or order.
III. Grounds for ejectment of tenant form year to year: at the end of any agricultural year.
6. Limitation of ejectment:
(i) A tenant shall not ejected otherwise than in execution of a decree for ejectment except in the following cases namely:
(a) When a decree for an arrear.
(b) When the tenant has not a right of occupancy .
(ii) A decree or order for ejectment of tenant shall not be executed only during particular season of the year which in between 1th May and 15th of June under the order is made u/s 44.
7. Rights of ejected tenants. Reasonable tome for harvest. Ejected tenant has also right in land for crowing.
8. Conclusion

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