Document Fragment View

Matching Fragments

12. Section 40 provides for ejectment of tenants for a fixed term. The third categorization of tenant in the matter of ejectment is captured in Section 41, which provided for ejectment of tenant from year to year. Section 42 provided for restriction on ejectment. It reads as follows:

“42. Restriction on ejectment – A tenant shall not be ejected otherwise than in execution of a decree for ejectment, except in the following cases, namely:-
(a) when a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied;
(b) when a tenant has not a right of occupancy and does not hold for a fixed term under a contract or a decree or order of competent authority.”

13. Section 43 provided for the exceptional cases mentioned in Section 42, viz., when a tenant could be ejected, otherwise than in execution of a Decree for Ejectment. The application was to be made to a Revenue Officer. Sections 44 and 45 provided for circumstances mentioned in Section 42(a) and 42(b), prospectively. Section 50A provided for a bar to Civil Court entertaining a Suit filed by a tenant contesting his liability to ejectment or to recover possession or occupancy rights or to recover compensation in the circumstances mentioned therein. Chapter VII deal with jurisdiction and procedure. Section 75 provided that there shall be the same classes of Revenue Officers as provided in the Punjab Land Revenue Act, 1887. Section 76 provided for applications and proceedings to be considered by the Revenue Officer. They were divided into three groups. Section 77(1) reads as follows: