GROUNDS OF
EJECTMENT OF
TENANT
INTRODUCTION
• Under the Punjab Tenancy Act 1887, ejectment is a complaint which is made by the
owner of real property to exclude a party from the land unlawfully occupied. There are
several reason for which an unlawful occupant can be ejected for example for example, a
temporary occupant who has never paid rent but now refuses to leave in this case real
owner will file a case for ejectment of occupant
RELEVANT PROVISION
• • Section 39, 40, 41, 42 and 47
DEFINITION OF EJECTMENT
• • Ejectment is a legal remedy to resolve conflicts between a landlord and tenant which is
used to remove a person from wrongfully occupying real estate. Ejectment can be availed
if a landlord shows that he has a legal right to the property, and the occupier has no legal
right.
• Grounds for ejectment of tenant Following are the grounds of ejectment of tenant when
tenant will have to leave the land. It is classified under the following categories.
• a) Grounds for ejectment of Occupancy tenant
• b) Grounds for ejectment of tenant of fixed term
• c) Ejectment of tenant from year to year
A) GROUNDS FOR EJECTMENT OF OCCUPANCY
TENANT
• A. Use of land in different manners • If the land is being used in
different manner by the tenant for which it was acquired, in this case the owner of the real
property will file a case for ejectment of the tenant from the land.
• B. Failure of tenant to pay the rent • If the tenant is getting
failed to pay the rent when it becomes due or when it is demanded, in this case the owner
of the real property will file a case for ejectment of the tenant from the land.
• C. Term of tenancy comes to an end • If the period of tenancy
comes to an end according to the agreement signed between the tenant and the landlord,
and tenant is not leaving the land accordingly, in this case the owner of the real property
will file a case for ejectment of the tenant from the land
B) GROUNDS FOR EJECTMENT OF TENANT OF
FIXED TERM
• Fixed term tenancy is such tenancy when amount of time is written in the agreement
between the tenant and the owner such as one year. It comes to an end with the expiry of
prescribed time period.
• A. Use of land in different manners • Under the periodic tenancy
if the land is being used in different manner by the tenant for what it was acquired, in this
case the owner of the real property will file a case for ejectment of the tenant from the
land.
• B. Failure of tenant to pay the rent • Under the period tenancy, If
the tenant is getting failed to pay the rent when it becomes due or when it is demanded, in
this case the owner of the real property will file a case for ejectment of the tenant from the
land.
• C. Term of tenancy comes to an end • If the period of tenancy
comes to an end according to the agreement signed between the tenant and the landlord, and
tenant is not leaving the land accordingly, in this case the owner of the real property will file
a case for ejectment of the tenant from the land
C) EJECTMENT OF TENANT FROM YEAR TO
YEAR
• Year to year tenancy is such tenancy in which time period is not fixed and tenant can be
ejected on the end of any agriculture year.
• A. Use of land in different manners • If the land is being used in
different manner by the tenant for which it was acquired, in this case the owner of the real
property will file a case for ejectment of the tenant from the land.
• B. Failure of tenant to pay the rent • If the tenant is getting failed to pay
the rent when it becomes due or when it is demanded, in this case the owner of the real
property will file a case for ejectment of the tenant from the land.
• C. Term of tenancy comes to an end • If the period of tenancy comes to
an end according to the agreement signed between the tenant and the landlord, and tenant
is not leaving the land accordingly, in this case the owner of the real property will file a
case for ejectment of the tenant from the land
LIMITATIONS ON EJECTMENT
• Following are the some limitations and restricts on the ejectment of the tenant from the land.
• 1. If there is not order of the court has been passed for ejectment of the tenant, the tenant will not
be ejected at any cost
• 2. If the tenant is paying all his dues timely according to the agreement signed by him, the tenant
will not be ejected at any cost
• 3. It the tenant is using the land in the same manners for what the land is taken by him, the tenant
will not be ejected at any cost
• 4. In case of periodic tenancy, if the period of tenancy is not expired, the tenant will not be
ejected.
ORDER TO PAY COMPENSATION
• • Under the provision of act, the revenue officer if
thinks fit that the tenant should not be ejected and gives
an order to pay the amount of compensation to the land
owner instead of ejection from the land.
RIGHT OF TENANT
• • Under the provision of act, some rights have
been vested to the tenant according to these right
the tenant shall be able to collect his uncut, and
standing crops from the fields before ejectment
