Document Fragment View
Fragment Information
Showing contexts for: ejectment execution in Dasaudha Singh & Ors. Etc. Etc vs State Of Haryana & Ors on 16 November, 1972Matching Fragments
(4) of s. 6 is confined only to a case where a lease has bee determined by the Collector before its expiry under the provision of sub-s. (1) of s. 6. Sub-s. (4) is in general terms and we a unable to see how it can be confined only to a lease determined under sub-s. (1) of that section. It appears that it was primarily for this reason that s. 14A has now been deleted as already mentioned. The next question which has been vehemently argued whether the provisions of the Tenancy Act are applicable an whether the eviction could take place only under that Act Reliance has also been placed on the provisions of the Tenance Act for sustaining the argument that no eviction could take place of the tenant unless compensation had been awarded him under the provisions of that Act. "Land" has been defined by the Tenancy Act by s. 4(1) to mean, land which is not occupied as the site of any building in town or village and is occupied or has been let for agricultural purposes or for purposes subservient to agriculture, or for pasture and includes the sites buildings and other structures on such land. "Tennat" has be defined by s. 4(5) to mean a person who holds land under other person and is, or but for a special contract would be, liable to pay Tent for that land to that other person. Certain categories of persons are not included but we are not concerned with the Sub-s. (6) defines "Landlord" to mean a person under whom tenant holds land and to whom he is, or but for a special contract would be, liable to pay rent for that land. Section 40 gives grounds of ejectment of tenants for a fixed term and s. 42 places certain restrictions on the ejectment of the tenant. He shall be ejected otherwise than in execution of a decree for ejectment except in cases mentioned in clauses (a) and