1982 PLP 1404 (CLC)

"39 . ............... (a) ..................... (b) ........... (c) that a decree for an arrear of rent in respect of the tenancy has been passed against him and remains unsatisfied. (2) . Para. 25 of M. L. R. 115 repeats the same ground for ejectment in the following terms "

25. Rights of tenants.‑(1) A tenant shall not be ejected from his tenancy unless it is established in a Revenue Court ;hat he has‑ (a) failed to pay the rent in accordance with the terms of the tenancy ; or ‑ Section 42 of the Tenancy Act lays down certain restrictions on eject. ment. It lays down as follows "A tenant shall not be ejected otherwise than in execution of decree for ejectment, except in the following cases, namely,‑ (a) when a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied ; (b) ............................ " Sections 43 and 44 deal with the action to be taken by the Revenue Officer towards ejectment of a tenant. Section 43 provides for the landlord to apply to the Revenue Officer for the ejectment of a tenant under clause (a) or (b) of section 42 and section 44 makes it incumbent upon a Revenue officer to whom an application has been made under clause (a) of sec tion 42 to hold an enquiry with respect to the existence of the arrears and to cause a notice to be served on the tenant informing the tenant that if he does not pay the amount of the decree to the Revenue Officer within 15 days from the receipt of the notice he will be ejected from the land It is only in a case where the tenant does not pay the amount that a Revenue Officer had to eject him subject to the provisions of the Tenancy Act with respect to the payment of compensation.

4. The previous paragraph briefly sums up the law relating to the ejectment of tenants for non‑payment of arrears of rent. The Tenancy. Act clearly lays down that there has to be first a decree for arrears of rent and a tenant can be ejected only if he fails to satisfy the decree after being given a proper notice by the Revenue Officer to do so. Para. 25 of Martial Law Regulation 115 does not, in any case, supersede the provisions of the C Tenancy Act in that regard. 1t only reiterates the ground of default of payment of rent "as a ground for ejectment of tenants. The Martial Law Regulation no doubt is to override other laws as provided for in para. 3 of the Regulation but para. 25 which deals. with the subject of, tenants does not, at any stage, depart from the provisions of Tenancy ct referred to in the earlier paragraph. I am, therefore, of the view that the restrictions laid down in clause (a) of section 41 of the Punjab Tenancy Act, 1887 are still in force and a tenant cannot be ejected without satisfying the require ments of section 42 read with sections 43 and 44 of the Tenancy Act. In the present case the ejectment has been ordered in violation of the clear provisions of law. The orders of the Revenue Officer, therefore, were not passed in proper exercise of the jurisdiction. They are, therefore, set aside as of no legal effect. The Writ Petition is allowed with costs. K. M. A. Petition allowed.