- (1.) By order dated July 28, 1992, a Bench of two Judges referred the matter to a Bench of three Judges doubting the correctness of the decision in Bhartu v. Randhir Singh, (1985) 2 SCR 638 . The admitted facts are that the appellant-tenant was sought to be ejected by petition dated January 29, 1966, from 47 Bighas 13 Biswas situated in village Burj Baghelsinghwala, Distt. Sangrur, on the ground that the period of three years of the lease had expired by that date and that, therefore, he was liable to be ejected. The Assistant Collector Grade I by order dated July 30, 1996 ordered ejectment of the appellant under Section 8 of the Pepsu Tenancy and Agricultural Lands Act as amended by Act No. 15/56, (for short "the Amendment Act"). It was confirmed on appeal. When it was questioned in writ petition, the learned single Judge following the Full Bench decision of the High Court in Piara Singh v. Financial Commr. Revenue, Punjab, Chandigarh, AIR 1978 Punjab 76, held that after expiry of three years, under Section 8 the appellant is liable to ejectment. Thus this appeal by special leave.
(2.) The only question is whether the landlord, after expiry of three years' lease gets right of ejectment of tenant, under Section 8 without recourse to the provisions of Sections 7 and 7A of the Act. Sections 7, 7A and 8 of the Act read as under:- "7. Termination of tenancy.- (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) (Omitted by Pepsu Act No. 15 of 1956). (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 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 or 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 the land-owner, 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 land-owner has refused to execute a Kabuliyat agreeing to pay rent in respect of his tenancy in accordance with the provisions of Ss. 9 and 10. 7(2) (Omitted by Pepsu Act No. 15 of 1956). 7-A Additional ground for termination of tenancy in certain cases:(1) Subject to the provisions of sub-ss.(2) and (3), a tenancy subsisting at the commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, may be terminated on the following 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 II; (b) that the landowner owns thirty standard acres or less of land the land fell 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 sub-section- (i) from any area of land if the area under the personal cultivation of the tenant does not exceed five standard acres, or (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 has 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-s. (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 any 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. (3) For the purpose of computing under sub-ss. (1) and (2) the area of land under the personal cultivation of a tenant, any area of land owned by the tenant and under his personal cultivation shall be included. ********** 8. Security of tenure to certain tenants. Subject to the provisions of Section 7, every tenant admitted after the commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, shall hold land for a minimum term of three years. Provided that nothing herein shall apply to the tenant of 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 person of physical or mental infirmity."
(3.) The contention of Mr. H. K. Puri, learned counsel for the appellant is that Section 8, in the light of the Statement of Objects and Reasons for introducing the Amendment Act, gives protection of minimum tenure to the tenant. If the landlord seeks ejectment of the tenant, necessarily, he has to fall back upon satisfying conditions enumerated in Sections 7 and 7-A. On expiry of three years, the tenant is not automatically liable to be ejected, unless he commits any one of the contraventions mentioned in Section 7 or the landlord requires the land as enumerated in Section 7A of the Act. Shri Dua, the learned counsel appearing for the landlord contended that the object of the Amendment Act is not only to give protection to the tenant and small land holders to augment their holding but also to give right to the small tenure holders to have the tenant ejected irrespective of applicability of all or any of the provisions enumerated in Section 7 or Section 7-A of the Act. The question, therefore, is whether the interpretation given to Sections 7,7A and 8 by this Court is correct in law.;