Section 7 in The Punjab Security of Land Tenures Act, 1953
7.
(Omitted by Punjab Act 11 of 1955)[8. Continuity of tenancies. - The continuity of a tenancy shall not be affected by-(a)the death of the landlord, or(b)the death of the tenant except when the tenant leaves no male lineal descendants or mother or widow, and(c)any change therein under the same landowner; and for the purposes of sections 17 and 18 of this Act, such tenancy shall be the last area so held.][9. Liability of tenant to be ejected. - (1) Notwithstanding anything contained in any other law for the time being in force, [no land-owner other than a land-owner who is a member of the Armed Forces of the Union or a Non-Resident Indian] [Substituted for sub-sections (1) and (2) of section 9 by Punjab Act No. 11 of 1955 and existing sub-section (3) renumbered as sub-section (2).] shall be competent to eject a tenant except when such tenant -(i)is a tenant on the area reserved under this Act or is a tenant of a small landowner; or(ii)fails to pay rent regularly without sufficient cause; or(iii)is in arrears of rent at the commencement of this Act; or(iv)has failed, or fails, without sufficient cause, to cultivate the land comprised in his tenancy in the manner or to the extent customary in the locality in which the land is situate; or(v)has used, or uses, the land comprised in his tenancy in a manner which has rendered, or renders, it unfit for the purpose for which he holds it; or(vi)has sublet the tenancy or a part thereof; provided that where only a part of the tenancy has been sublet, the tenant shall be liable to be ejected only from such part: or(vii)refuses to execute a Qabuliyat or a Patta, in the form prescribed, in respect of his tenancy on being called upon to do so by an Assistant Collector on an application made to him for this purpose by the landowner.Explanation. - For the purposes of clause (iii), a tenant shall be deemed to be in arrears of rent at the commencement of this Act, only if the payment of arrears is not made by the tenant within a period of two months from the date of notice of the execution of decree or order, directing him to pay such arrears of rent.] [Section 8 substituted by Punjab Act 11 of 1955.](2)Notwithstanding anything contained hereinbefore a tenant shall also be liable to be ejected from any area which he is holding in any capacity whatever in excess of the permissible area.Provided that the portion of the tenancy from which such tenant can be ejected shall be determined at his option only if the area of his tenancy under the landowner concerned is in excess of the area from which he can be ejected by the said landowner.Provided further that if the tenant holds land of several landowners and more than one landowner seeks his ejectment, the right to ejectment shall be exercised in the order in which the applications have been made or suits have been filed by the landowners concerned, and in case of simultaneous applications or suits the priority for ejectment shall commence serially from the smallest landowner.Explanation.- Where a tenant holds land jointly with other tenants only his share in the joint tenancy shall be taken into account in computing the area held by him.[9A. Accommodation of tenants on surplus area. - No tenant liable to ejectment under clause (i) of sub- section (1) of the section next preceding shall be dispossessed of his tenancy unless he is accommodated on a surplus area in accordance with the provisions of section 10-A or otherwise on some other land by the State Government:Provided that it the tenant concerned is the tenant of a small landowner he shall be allowed to retain possession of his tenancy to the extent of five standard acres, including any other land which he may hold as tenant or owner, until he is so accommodated on a surplus area or otherwise:Provided further that if a tenancy commences after the commencement of this Act, and the tenant is also an owner and is related to his landlord in the manner prescribed, he shall not be entitled to the benefit of this section.] [Section 9-A added by Punjab Act 11 of 1955.][Provided further that the tenant of a landowner who is a member of the Armed Forces of the Union[or a Non-Resident Indian] [Added by Punjab Act No. 28 of 1969, section 2.] shall also not be entitled to the benefit of this section.][9B. One time concession. - The concession given under Sections 9 and 9-A to the land-owner who is Non- Resident Indian shall be one time concession and shall be available only in respect of the land acquired or held by him before the commencement of the Punjab Security of Land Tenures (Amendement) Act, 1997.] [Inserted vide Punjab Act No. 6 of 1998.]
