SANWAT SINGH versus ZAIL SINGLF AND ORS.

SANWAT SINGH versus ZAIL SINGLF AND ORS.

A tenant in possession of the demised property by the vendor cannot be ejected except in accordance with Section 9 of the Punjab Security of Land Tenures Act, 1953. Since the appellant was not shown to have contravened the provisions of Section 9, he could resist interference with his possession, and the denial of perpetual injunction by the appellate and High Court was legally incorrect.

Parties
Appellant: Sanwat Singh; Respondent: Zail Singh; Respondent: Others
Jurisdiction
India
Judgment Date
17 December 1996
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Order Dated 16.11.1986 of Punjab & Haryana High Court in R.s.a. No. 848 of 1977.
Outcome
Appeal allowed. Judgement and decree of the High Court and appellate Court set aside; trial Court's decree restored.
Legal Topics
Pre Emption, Ejectment of Tenant, Perpetual Injunction, Punjab Security of Land Tenures Act, 1953
Property Law Tenancy/lease Pre Emption Ejectment of Tenant Perpetual Injunction Punjab Security of Land Tenures Act, 1953

Case Brief

Summary, issues, holding and outcome

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Parties

Sanwat Singh

Appellant

Zail Singh

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Order Dated 16.11.1986 of Punjab & Haryana High Court in R.s.a. No. 848 of 1977.

Legal Issues

  1. 1 Whether a tenant in possession of demised property by the vendor is liable to ejectment except in accordance with Section 9 of the Punjab Security of Land Tenures Act, 1953.
  2. 2 Whether the decree granted by the appellate court and affirmed by the High Court, reversing perpetual injunction in favor of the appellant, is correct in law.

Ratio Decidendi

A tenant in possession of the demised property by the vendor cannot be ejected except in accordance with Section 9 of the Punjab Security of Land Tenures Act, 1953. Since the appellant was not shown to have contravened the provisions of Section 9, he could resist interference with his possession, and the denial of perpetual injunction by the appellate and High Court was legally incorrect.

Court Disposition

Appeal allowed. Judgement and decree of the High Court and appellate Court set aside; trial Court's decree restored.

Orders

  • High Court and appellate Court decrees set aside.
  • Trial Court's decree restored.