NAHAR SINGH Vs. MOHAN LAL

JUDGEMENT

(1.) The brief facts, which are necessary for the decision of this appeal under Clause 10 of the Letters Patent against the judgment of the learned Single Judge, accepting the appeal against the judgment and decree of the Courts below, are as under :-

(2.) The Pepsu Tenancy and Agricultural Lands Act, 1955, was enacted to replace the President's Act of the same name (Act 8 of 1953). The statement of objects and reasons of the Act of 1955, as published in the Pepsu Government Gazette of 22nd February, 1955, may be reproduced, to the extent as they are relevant, as follows :-

(3.) Under the law, as it originally existed prior to the President's Act No. 8 of 1953, it was not necessary for the landlord to give any reasons for ejectment of a tenant. All that was required was that notices of ejectment be issued under sections 42, 43 and 45 of the Punjab Tenancy Act, 1887, without specifying any reason for ejectment. The tenant had the right to file a suit within two months to contest such a notice. If he did not so contest within two months, he was liable to ejectment on an application to the Revenue Officer concerned under Section 45 and the tenancy terminated with effect from the end of the following Rabi harvest. Section 7 of the Act of 1955 provided that no tenancy could be terminated except in accordance with the provisions of this Act and except on any of the grounds mentioned therein. Section 7-A of this very Act provided certain additional grounds which gave a right to a small landholder to eject a tenant or to a big landholder to eject a tenant from the reserved area required by him for personal cultivation. Thus security of tenure was assured inter alia by limiting the right of a landholder to eject his tenant for one or more of the grounds given in sections 7 and 7A and no other.