ORDER

1. By order dated 28-7-1992, 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. The admitted facts are that the appellant-tenant was sought to be ejected by petition dated 29-1-1966 from 47 bighas 13 biswas situated in Village Burj Baghelsinghwala, District 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 30-7-1966 ordered ejectment of the appellant under Section 8 of the Pepsu Tenancy and Agricultural Lands Act as amended by Act No. 15 of 1956, (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 held hat 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 a tenant, under Section 8 without recourse to the provisions of Sections 7 and 7-A of the Act. Sections 7, 7-A 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 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 or a person incapable of cultivating land by reason of physical or mental infirmity, has after commencement of the Presidents Act, sub-let without the consent in writing of 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 that 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.

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-sections (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 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 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 Pre