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2016 Supreme(SC) 812

RANJAN GOGOI, ARUN MISHRA, PRAFULLA C.PANT
Shyam Lal – Appellant
Versus
Deepa Dass Chela Ram Chela Garib Dass – Respondent


Advocates Appeared:
For the Appellants :P.H. Parekh, Sr. Adv., Kshatrshal Raj, Ms. Ritika Sethi, (For M/s. Parekh & Co.), Advocates.
For the Respondent:Rohit Kumar Singh, Advocate.

JUDGMENT :

Ranjan Gogoi, J.

This appeal is at the instance of the tenant who is aggrieved by an order of eviction affirmed by the High Court following the expiry of period of lease.

A two-Judge Bench of this Court in Sukhdev Singh (Dead) through legal representatives and Ors. v. Puran and Ors., (2015) 12 SCC 344 has taken the view that a tenant under Punjab Security of Land Tenure Act, 1953 (hereinafter referred to as the `1953 Act') ceases to be one on expiry of the fixed term tenancy under the contract where after he is not entitled to the statutory protection from eviction as envisaged under the Act. A Co-ordinate Bench, for reasons indicated, could not agree with the aforesaid view in Sukhdev Singh (supra). Hence this reference for an answer on a question that may be formulated as hereunder:

Whether after the expiry of the fixed term tenancy in respect of an agricultural lease under the Punjab Security of Land Tenure Act, 1953 (hereinafter referred to as "the 1953 Act") the tenancy gets automatically terminated and the person occupying the leased premises ceases to be a tenant?

2. It will be useful to notice, at this stage, some of the relevant provisions of the Statutes dealing wit



























































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