KHEM CHAND Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) ONE Fakira who is the landlord filed a suit for ejectment of the tenant Khem Chand, the petitioner in this writ petition Under Section 77 of the Punjab Tenancy Act, 1887. The grounds taken by the landlord for ejectment of his tenant are two fold:

(2.) ADMITTEDLY , the suit was filed for eviction in a revenue Court under the provisions of the Punjab Tenancy Act. Sections 39 and 40 provide the grounds for ejectment of a tenant. Under Section 39 of the Punjab Tenancy Act a Tenant can be evicted only on the following grounds: -

(3.) DEFAULT in payment of rent of subletting the premises is not a ground of eviction either Under Section 39 or Under Section 40 of the Punjab Tenancy Act, 1887. Therefore, no suit possibly be filed Under Section 77 for ejectment of the tenant on the ground of non -payment of rent or subletting. Every non -payment of rent is not a ground. If the landlord obtains a decree for arrears of rent against the tenant and that decree remains unsatisfied then only the landlord can seek eviction of his tenant Under Section 39(c) of the Punjab Tenancy Act. The revenue court while trying the suit Under Section 77 of the Act has to find out whether the grounds mentioned in the application for eviction have been made out. The grounds of eviction which were sought to be relied by the landlord are not the grounds mentioned either in Section 39 or Section 40 of the Punjab Tenancy Act. Therefore, the revenue Court Under Section 77 of the Act has no jurisdiction to order eviction of the tenant for non -payment of rent of for sub -letting.