A tenant shall be deemed to be a protected
tenant in respect of any land if
(a) he has held such land continuously for a ... Mamlatdar within whose jurisdiction the
land is situated for a declaration that the
tenant is not a protected tenant".
Under s. 3A(1) aforesaid
suits, one filed by the shrotriemdars,
against the tenants for a declaration ... that the tenants did
not have occupancy rights in the lands in their occupation,
and the other by the tenants for a declaration that they
though such a person was recognised to be a sub-tenant for a period prior to the order of reinstatement and declaration as a subtenant ... declared to be a sub-tenant under the proviso aforesaid becomes a sub-tenant only from the date of the declaration, the result will
ejectment of a tenant if the land is let out to another tenant the newly inducted tenant becomes the hereditary tenant; but after reinstatement ... though in law not accurately, called a 'statutory tenant'. Such a person is not a tenant at all; he has no estate
a protected tenant if he (a) has held such and continuously - (i) for a period of not less than 6 years, being a period wholly ... Tahsildar, who may then give the necessary declaration as to whether a person is a protected tenant
notice given to terminate,
it. A notice under s. 34(1) is merely a declaration to the
tenant of the intention of the landlord ... pointed out, the notice under
s. 34 (1) is merely a declaration to the tenant of the
landlord's intention to terminate the tenancy
Section 3A states that
every tenant shall, from the eighth day of November, 1947
redeemed to be a protected tenant for the purposes of this ... aforesaid date made an application to the
Mamlatdar for a declaration that the tenant is not a
protected tenant. The landlord in the present case
issue a notice without prejudice to the provisions of Rule 9, requiring any land-holder or tenant to furnish to him a declaration ... enjoined on such land holder or tenant to furnish a declaration on receipt of the notice within the time specified therein. Under Rule
tenant of a reinstated tenant or that of a re-instated trespasser (who had been earlier ejected under Section 180 ) or that of a ... a tenant or a trespasser and is liable to be ejected after a period of three years from the date of declaration.
This clearly shows
A), a person referred to in Section 19(1) , namely, a sub tenant or a tenant of khudkasht would become a khatedar tenant ... whether such a person was entered in the Record of Rights as a tenant of khudkasht or a sub tenant of the land
