KAPUR CHAND JAIN versus B. S. GREWAL & OTHERS

KAPUR CHAND JAIN versus B. S. GREWAL & OTHERS

Eviction of the appellant was proper under s. 14A(i) of the Punjab Security of Land Tenures Act as irregularity in payment of rent was patent and no sufficient cause was established; conduct prior to the coming into force of s. 14A(i) could be considered for determining sufficient cause; payment of arrears within the time fixed under s. 14A(ii) did not preclude eviction on grounds stated in s. 9(1)(ii) via s. 14A(i).

Parties
Appellant: Kapur Chand Jain; Respondents: B. S. Grewal & Others; Respondent No. 4: Raja Charanjit Singh
Jurisdiction
India
Judgment Date
06 November 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab High Court Order Dated March 9, 1961
Outcome
appeal dismissed
Legal Topics
Eviction of Tenant, Arrears of Rent, Statutory Interpretation, Sufficiency of Cause for Non Payment, Retrospective Application of Statute
Tenancy Law Land Law Agricultural Law Eviction of Tenant Arrears of Rent Statutory Interpretation Sufficiency of Cause for Non Payment Retrospective Application of Statute

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Parties

Kapur Chand Jain

Appellant

B. S. Grewal & Others

Respondents

Raja Charanjit Singh

Respondent No. 4

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab High Court Order Dated March 9, 1961

Legal Issues

  1. 1 Whether s. 9(1)(ii) of the Punjab Security of Land Tenures Act applies prospectively or allows prior conduct to be considered for eviction; whether payment of arrears within time fixed in s. 14A(ii) precludes eviction under s. 14A(i); whether irregularity in rent payment without sufficient cause is grounds for eviction

Ratio Decidendi

Eviction of the appellant was proper under s. 14A(i) of the Punjab Security of Land Tenures Act as irregularity in payment of rent was patent and no sufficient cause was established; conduct prior to the coming into force of s. 14A(i) could be considered for determining sufficient cause; payment of arrears within the time fixed under s. 14A(ii) did not preclude eviction on grounds stated in s. 9(1)(ii) via s. 14A(i).

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs