(1) No tenancy shall be terminated except in accordance with the provisions of this Act or except on any of the following grounds, namely :— [(a). * * * * LJ] * *1.
(b) that the tenant has failed to pay rent within a period of six months after it falls due :
*[Provided that no tenant shall be ejected under this clause unless he has been afforded an opportunity to pay the arrears of rent within a further period of six months from the date of the decree or order directing his ejectment and he has failed to pay such arrears during that period;]
{(c) that the tenant, not being a widow, ‘[a minor, an unmarried woman, a member of the Armed Forces of the Union ar a person incapable of cultivating land by reason of physical or mental infirmity] has after commencement of the President’s Act, sublet without the consent in writing of 1Added by Pepsu Act No. 15 of 1956.
2Clause (a) of sub-section (1) omitted by Pepsu Act No. 15 of 1958. 3Proviso added to clause (b) of sub-section (1) of section 7 by Pepsu Act No. 9 of 1956.
“Substituted by Pepsu Act No, 15 of 1956, section 7(2), 1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 125 LANDS the landowner, the land comprising his tenancy or any part thereof;
(d) that the tenant has, without sufficient cause, failed to cultivate personally such land, in the manner and to the extent customary in the locality in which such land is situated;
(e) that the tenant has used such land or any part thereof in a manner which is likely to render the land unfit for the purpose for which it was leased to him ;
(f) that the tenant, on demand, in writing by the landowner has refused to execute a kabuliyat agreeing to pay rent in respect of his tenancy in accordance with the provisions of sections 9 and 10.
TR) + + * + x = A] dditional ’[7-A. (1) Subject to the provisions of sub-sections Addit onal ter
(2) and (3), a tenancy subsisting at the commencement of mination of tenthe Pepsu Tenancy and Agricultural Lands (Second 31Y in certain Amendment) Act, 1956, may be terminated on the follow- ) ing grounds in addition to the grounds specified in section 7, namely :—
(a) that the land comprising the tenancy has been reserved by the landowner for his personal cultivation in accordance with the provisions of Chapter IT;
(b) that the landowner owns thirty standard acres or less of land and the land falls within his permissible limit :
Provided that no tenant [other than a tenant of a landowner who is member of the Armed Forces of the Union] shall be ejected under this subsection—
(i) from any area of land if the area under the personal cultivation of the tenant does not exceed five standard acres, or 1Sub-section (2) omitted by Pepsu Act No. 15 of 1956 section 7(1).
8Section TA inserted by Pepsu Act No. 15 of 1956, section 8.
8niserted by Punjab Act No. 29 of 1969, section 2, 126 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i5 LANDS
(ii) from an area of five standard acres, if the area under the personal cultivation of the tenant exceeds five standard acres, until he is allotted by the State Government alternative land of equivalent value in standard acres.
(2) No tenant, who immediately preceding the commencement of the President’s Act had held any land continuously for a period of twelve years or more under the same landowner or his predecessor in title, shall be ejected on the grounds specified in sub-section (1)—
(a) from any area of land, if the area under the personal cultivation of the tenant does not exceed fifteen standard acres, or
(b) from an area of fifteen standard acres, if the area under the personal cultivation of the tenant exceeds fifteen standard acres :
Provided that nothing in this sub-section shall apply to the tenant of a landowner who, both at the commencement of the tenancy and the commencement of the President’s Act, was a widow, a minor, an unmarried woman, a member of the Armed Forces of the Union or a person incapable of cultivating land by reason of physical or mental infirmity.
Explanation.—In computing the period of twelve years, the period during which any land has been held under the same landowner or his predecessor in title by the father, brother or son of the tenant shall be included:
i
(3) For the purpose of computing under sub-sections
(1) and (2) the area of land under the personal cultivation of a tenant, any area of land owned by the tehant and under his personal cultivation shall be included.]
hey, kn ‘[8. Subject to the provisions of section 7, every tenants. tenant admitted after the commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) ISubs. by Pepsu Act No. 15 of 1956, s. 9.
1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 127 LANDS Act, 1956, shall hold land for a minimum term of three years :
Provided that nothing herein shall apply to the tenant of a person who is a widow, a minor, an unmarried woman, a member of the Armed Forces of the Union, or a person incapable of cultivating land by reason of physical or mental infirmity.)
'[8-A. (1) Notwithstanding anything to the contrary Cortain sales of contained in the Punjab Pre-emption Act, 1913, a sale of tenancy land not land comprising the tenancy of a tenant made to him by the pre-emptible, landowner shall not be preemptible under the Punjab Preemption Act, 1913, and no decree of pre-emption passed after the commencement of this Act in respect of any such sale of land shall be executed by any Court.
(2) Where, after the commencement of the President’s Act, a tenant, to whom the land comprising his tenancy is sold by the landowner, has been dispossessed of such land by a pre-emptor in execution of a decree for pre-emption or otherwise, the tenant so dispossessed shall in the manner prescribed have the option either to purchase the land from the pre-emptor on payment of the price paid to the tenant by the pre-emptor or to be restored to his tenancy under the pre-emptor on the same terms and conditions on which it was held by him immediately before the sale, on an application made by him to an Assistant Collector of the first grade having jurisdiction within a period of one year from the commencement of the Pepsu Tenancy and Agricultural Land (Amendment) Ordinance, 1958.
(3) On receipt of an-application “under sub-section
(2) the Assistant Collector shall, after giving to the parties notice in writing and a reasonable opportunity of being heard, determine the claim summarily, and shall keep a memorandum of evidence and a gist of his final order with brief reasons therefor.
8-B. (I) Where, after the commencement of the Catan mort s ’ sed jc G2gess to he President’s Act, land comprising the tenancy of a tenant is Seemed as tone ‘New mections A and 8B inserted by Punjab Act No. § of 1050, So under the section 3.
) Maximum amount rent payable, Determination of rent.
of | 128 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13 LANDS mortgaged to him with possession by the landowner and such land is subsequently redeemed by the landowner, the tenant shall, notwithstanding such redemption or any other law for the time being in force, be deemed to be the tenant of the landowner in respect of such land on the same terms.
and conditions on which it was held by him immediately before the execution of the mortgage as if the mortgage had never been executed.
$
(2) Where a tenant referred to in sub-section (1) has been dispossessed by the landowner in execution of a decree or order of redemption, he shall be entitled to be restored to his tenancy in the manner prescribed on the same terms and conditions on which it was held by him immediately before the execution of the mortgage on an application made by him to an Assistant Collector of the first grade having jurisdiction within a period of one year from the commencement of the Pepsu Tenancy and Agri cultural Lands (Amendment) Ordinance, 1958.
(3) An application received under sub-section (2) shall be disposed of by the Assistant Collector of the first grade in the manner laid down in sub-section (3) of section 8A.]
9. Notwithstanding any agreement, usage, decree or order of a court or any law for the time being in force, the maximum rent payable by a tenant in respect of the land leased to him shall not exceed one-third of produce of the 1and or the value of such produce, as the case may be.