BHAJAN LAL versus STATE OF PUNJAB & ORS.

BHAJAN LAL versus STATE OF PUNJAB & ORS.

A tenant who has applied to purchase under section 18 before an ejectment order is passed retains the statutory right to purchase, which is not defeated by a subsequent ejectment order. He is entitled to purchase upon payment of compensation together with arrears of rent.

Parties
Appellant: Bhajan Lal; Respondents: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
28 September 1970
Procedural Posture
Civil Appeal / Final Hearing on Appeal by Special Leave
Outcome
appeal dismissed
Legal Topics
Ejectment, Tenant's Right to Purchase, Non Payment of Rent, Statutory Tenancy
Land Law Agrarian Reform Ejectment Tenant's Right to Purchase Non Payment of Rent Statutory Tenancy

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Parties

Bhajan Lal

Appellant

State of Punjab & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Hearing on Appeal by Special Leave

Legal Issues

  1. 1 Whether a tenant's application to purchase land under section 18 of the Punjab Security of Land Tenures Act, 1953 can be granted when an ejectment proceeding is pending for non-payment of rent.

Ratio Decidendi

A tenant who has applied to purchase under section 18 before an ejectment order is passed retains the statutory right to purchase, which is not defeated by a subsequent ejectment order. He is entitled to purchase upon payment of compensation together with arrears of rent.

Court Disposition

appeal dismissed

Orders

  • Subject to the modification that tenant must pay compensation together with rent arrears, the appeal fails and is dismissed with costs.
  • Assistant Collector is to pass appropriate orders for payment in instalments under section 18(4)(a).