RAJ KANTA versus FINANCIAL COMMISSIONER, PUNJAB AND ANR.

RAJ KANTA versus FINANCIAL COMMISSIONER, PUNJAB AND ANR.

A single default in payment of rent by a tenant without showing sufficient cause attracts the provisions of Section 9(1)(ii) of the Punjab Security of Land Tenures Act, 1953 and entitles the landlord to apply for ejectment. The term 'regularly' means consistent, punctual payment without any breach or break; even one default falls within the mischief unless sufficient cause is demonstrated.

Parties
Appellant: Raj Kanta; Respondents: Financial Commissioner, Punjab and Anr.; Respondent: Pera Ram; Respondent: Ganga Ram; Respondent: Bhago; Respondent: Kalu Ram
Jurisdiction
India
Judgment Date
07 May 1980
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeals allowed; judgment of the High Court set aside; order of the Collector directing ejectment of the tenants restored.
Legal Topics
Interpretation of 'regularly' in Section 9(1)(ii) Punjab Security of Land Tenures Act, Landlord Tenant Ejectment, Payment of Rent
Land Law Tenancy Interpretation of 'regularly' in Section 9(1)(ii) Punjab Security of Land Tenures Act Landlord Tenant Ejectment Payment of Rent

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Parties

Raj Kanta

Appellant

Financial Commissioner, Punjab and Anr.

Respondents

Pera Ram

Respondent

Ganga Ram

Respondent

Bhago

Respondent

Kalu Ram

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether a single default in payment of rent attracts provisions of Section 9(1)(ii) of Punjab Security of Land Tenures Act, 1953
  2. 2 Meaning of the term 'regularly' in Section 9(1)(ii)
  3. 3 Requirement for ejectment due to default in rent payment

Ratio Decidendi

A single default in payment of rent by a tenant without showing sufficient cause attracts the provisions of Section 9(1)(ii) of the Punjab Security of Land Tenures Act, 1953 and entitles the landlord to apply for ejectment. The term 'regularly' means consistent, punctual payment without any breach or break; even one default falls within the mischief unless sufficient cause is demonstrated.

Court Disposition

Appeals allowed; judgment of the High Court set aside; order of the Collector directing ejectment of the tenants restored.

Orders

  • Judgment of the High Court quashed.
  • Order of Collector directing ejectment restored.