MAIN POINT
An un registered instrument which is required to be registered compulsorily will not be admissible in evidence.

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 with the issue. "Tenant" is defined by Section 2(6) of the 1953 Act in the following terms:

"Tenant" has the meaning assigned to it in the Punjab Tenancy Act, 1887 (Act XVI of 1998), and includes a sub-tenant, and self-cultivating lessee, but shall not include a present holder, as defined in section 2 of the Resettlement Act."

3. Section 4(5) of the Punjab Tenancy Act, 1887 (hereinafter referred to as "the 1887 Act") defines "tenant" as under:

"4. Definitions- In this Act, unless there in something repugnant in the subject or context,-

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(5) "tenant" means a person who holds land under another person, and is or but for a special contract would be, liable to pay rent for that land to that other person; but does not include -

(a) an inferior landowner, or

(b) a mortgagee of the rights of a landowner, or

(c), a person to whom a holding has been transferred, or an estate or holding has been let in farm under the Punjab Land Revenue Act 1887 (XVII of 1887), for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear or

(d) a person who takes from the Government a lease of unoccupied land for the purpose of subletting it."

4. The 1887 Act confers occupancy rights on the occupants of land who fulfil the requirements spelt out by Section 5 thereof. An occupancy tenant is liable for ejectment under the 1887 Act on the grounds specified in Section 39(1), namely,

(a) that he has used the land comprised in the tenancy in a manner which renders it unfit for the purpose for which he held it;

(b) where rent is payable in kind, that he has without sufficient cause failed to cultivate that land in the manner or to the extent customary in the locality in which the land is situate;

(c) when a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied.

5. On the other hand, under Section 40 of the 1887 Act, a tenant who does not have a right of occupancy but holds the land for a fixed term under a contract is liable to be ejected from his tenancy on the expiry of the term of the lease and before such expiration on the following grounds:

"(a) that he has used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he held it;

(b) where rent is payable in kind, that he has without sufficient cause failed to cultivate that land in the manner or to the extent customary in the locality in which the land is situate ;

(c) on any ground which would justify ejectment under the contract decree or order."

6. Section 9 of the 1953 Act which deals with the liability of a tenant to be ejected is in the following terms:

"9. Liability of the tenant to be ejected.- (1) Notwithstanding anything contained in any other law for the time being in force, no land-owner shall be competent to eject t