AI Overview...
Rajasthan Tenancy Act Section 63 Extinguish
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Section 63(1)(viii) - Extinguishment of Tenancy Due to Migration
The provision allows for the extinguishment of tenancy rights when a tenant migrates to a foreign country, particularly Pakistan, without valid travel documents such as a passport. Several cases (e.g., Sadiq Ali VS State of Rajasthan - Rajasthan, Sadiq Ali VS State of Rajasthan - Rajasthan, Hunda @ Hindal VS State of Raj. - Rajasthan) confirm that migration without lawful authority or valid documents leads to the automatic extinguishment of tenancy rights under Section 63(1)(viii).
Main point: Migration, especially illegal migration, results in tenancy rights being extinguished. -
Migration Definition and Scope
The courts have interpreted migration broadly, including movement into foreign countries like Pakistan without lawful travel documents. For example, in Abdul VS State of Raj. - Rajasthan, the court discussed the distinction between mere movement and migration, emphasizing that illegal departure can fulfill the criteria for tenancy extinguishment.
Insight: The act of leaving India without proper documentation is sufficient for tenancy rights to be extinguished under Section 63(1)(viii). -
Legal Proceedings and Evidence
Cases such as Nandigir VS Board of Revenue, Rajasthan - Rajasthan and Balveer Singh and ars. VS Board of Revenue and ars. - Rajasthan highlight that tenancy extinguishment is often confirmed through legal proceedings, where evidence like illegal border crossing or absence of valid passports is decisive. The courts uphold orders for eviction or tenancy termination based on such evidence.
Analysis: Legal procedures validate that illegal migration directly leads to tenancy rights being extinguished. -
Limitations and Clarifications
Some judgments (e.g., Suleman son of Abu Bakar VS State of Rajasthan, through the Tehsildar, Barmer - Rajasthan) clarify that migration for earning livelihood within India does not qualify as grounds for extinguishing tenancy under Section 63(1)(viii). Additionally, the law is not retrospective, and certain conditions like abandonment or illegal activity are necessary for tenancy termination.
Conclusion: Only illegal migration outside India, especially to foreign countries like Pakistan, triggers tenancy rights' extinguishment under Section 63. -
Related Provisions and Cases
The sections 60, 61, and 64 of the Rajasthan Tenancy Act are also referenced in context with Section 63, emphasizing procedural aspects and the importance of proper legal action for tenancy termination (Nisar Mohd. VS State of Rajathan - Rajasthan).
Insight: Proper legal procedures must be followed for tenancy rights to be extinguished under Section 63.
Summary
Section 63(1)(viii) of the Rajasthan Tenancy Act, 1955, provides for the extinguishment of tenancy rights when a tenant migrates illegally to a foreign country without valid travel documents, notably Pakistan. Courts have consistently held that such illegal migration, confirmed through evidence like border crossing reports or absence of passports, results in tenancy termination. However, migration within India for livelihood purposes does not trigger this provision. Legal proceedings and proper evidence are crucial for enforcing such extinguishments.
References:
- Nandigir VS Board of Revenue, Rajasthan - Rajasthan, Legal Heirs of Abdul VS State of Rajasthan - Rajasthan, Abdul VS State of Raj. - Rajasthan, Balveer Singh and ars. VS Board of Revenue and ars. - Rajasthan, Sadiq Ali VS State of Rajasthan - Rajasthan, Sadiq Ali VS State of Rajasthan - Rajasthan, Sarwan VS Lala Badri Prasad - Rajasthan, Suleman son of Abu Bakar VS State of Rajasthan, through the Tehsildar, Barmer - Rajasthan, Nisar Mohd. VS State of Rajathan - Rajasthan, Hunda @ Hindal VS State of Raj. - Rajasthan
Search Results for "Rajasthan Tenancy Act Section 63 Extinguish"
1963 0 Supreme(Raj) 287 • India - Rajasthan
RANAWAT
Nandigir filed a suit for ejectment under Section 183 of the Rajasthan Tenancy Act, 1955, treating Padamdas as a trespasser. ... LANDLORD-TENANT - TENANCY - FIXED TERM - EXPIRY - STATUS OF TENANT - RAJASTHAN TENANCY ACT, 1955 (ACT NO. 3 OF 1955), SECTIONS ... The tenancy extinguishes only when the tenant is ejected in accordance with the provisions of the Rajasthan Tena....
2003 0 Supreme(Raj) 1426 • India - Rajasthan
RAJESH BALIA, PRAKASH TATIA
MIGRATION - TENANCY RIGHTS - Rajasthan Tenancy Act, 1955, Section 3/6, Section 63, Section 64 - The court discussed the provisions ... of Section 63 and Section 64 of the Rajasthan Tenancy Act, which envisage the circumstances in which the interest of a tenant in ... Rajasthan Tenancy Act, t....
2003 0 Supreme(Raj) 756 • India - Rajasthan
RAJESH BALIA, PRAKASH TATIA
Rajasthan Tenancy Act, 1955, Sec. 63(1)(vii) – Migration – Whether mere movement of a person into foreign country without a valid ... In later case the mere movement can fulfil the requirement of section 63(1)(viii) but not in the former. ... Under Section 63(1)(i) of the Rajasthan Tenancy Act the tenancy rights of the deceased extinguish, apparently, it is like....
1983 0 Supreme(Raj) 334 • India - Rajasthan
DWARKA PRASAD GUPTA
Fact of the Case: The petitioner filed a suit for possession under Section 183 of the Rajasthan Tenancy Act, 1955, ... The Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act') was challenged in this petition. ... dated September 12, 1950, continued by the operation of the. statute until the commencement of the Rajasthan Tenancy, Act and that ... Section ....
2014 0 Supreme(Raj) 740 • India - Rajasthan
GOPAL KRISHAN VYAS
Rajasthan Tenancy Act, 1955, Section 63(l)(viii) – Person alleged here had been seen to be doing illegal activities on the border ... – he has accepted his guilt – his tenancy ended as he went to Pakistan – hence the order passed against him is perfectly alright ... Under Section 63(l)(viii) of the Act of 1955 following provision is provided for taking action to extinguish tenancy, which reads as ....
2015 0 Supreme(Raj) 646 • India - Rajasthan
GOVIND MATHUR, JAISHREE THAKUR
Rajasthan Tenancy Act, 1955, Sec. 63(viii); Passports Act, 1967, Sec. 3 and 6 — Extinguishment of tenancy rights u/S. 63(viii) of ... Passports Act — Application of provisions of Sec. 63(viii) and scope of words "migrates" and "departs" — Held — Absence of evidence ... the Act — Migration to Pakistan without a valid passport or without a lawful authority — Punished u/S. 3 read with Sec. 6 of the ... Tenan....
1957 0 Supreme(Raj) 169 • India - Rajasthan
SHYAMLAL, G.S.MEHTA
(b) Tenancy Laws—Rajasthan Tenancy Act, sec. 63(2) Proviso—Subtenant (unless falling in the category excluded) has a right to buy ... (a) Tenancy Laws—Rajasthan Tenancy Act, sec. 175—Provisions not retrospective. ... The law on the point is set out in secs. 63 and 64 of the Rajasthan Tenancy Act. Sec. 63 lays down the conditions regarding extin....
2016 0 Supreme(Raj) 1032 • India - Rajasthan
GOVIND MATHUR, SANJEEV PRAKASH SHARMA
Rajasthan Tenancy Act, 1955 - Section 63 (1) (viii) - Board of Revenue vide its judgment has quashed the ... village of tenancy for purpose of earning livelihood to any other place in India would not come within the mischief of Section 63 ... 63 (1) (viii) of the Act of 1955 that the petitioner had left for Pakistan illegally or otherwise -movement of a tenant from his ... The Tehsildar moved an application under....
2009 0 Supreme(Raj) 755 • India - Rajasthan
PREM SHANKAR ASOPA
jktLFkku dkrdkjh vf/kfu;e] 1955] /kkjk 60] 61] 63 ... which according to the petitioner has not been followed in this case as referred in Section 60, 61 and 63 of the Tenancy Act. ... Therefore, the land cannot be said to have been abandoned and unless the land is abandoned, the tenancy right will not be presumed to be extinguished under section 63 (4) of the Tenancy Act. ... 16. ... 60, 61 and 63#HL_END....
2006 0 Supreme(Raj) 350 • India - Rajasthan
A.K.PUROHIT
Rajasthan Tenancy Act, 1955, Sec. 63(1)(viii) — Scope of the word "migration" — Can the Khatedari rights be extinguished oh the ground ... person into foreign country without a valid passport — Merely on the report and statement of Patwari by non-speaking order the tenancy ... Tenancy Act, Section 63(1)(viii) - Petitioner caught crossing the Indian border to Pakistan without having valid passport - Passport Act - C....
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