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of <h1>Tenant's Right to Purchase Land Survives Eviction: Court Upholds Entitlement Despite Order</h1> The court clarified that a tenant's right to purchase land under the Punjab Security of Land Tenures Act, 1953 is not extinguished by eviction ... - Issues:1. Interpretation of provisions under the Punjab Security of Land Tenures Act, 1953 regarding the rights of a tenant to purchase land and the grounds for ejectment.2. Determination of the tenant's right to purchase land despite an order for eviction being passed against them.Analysis:The case involved a dispute between a landowner, Bhajan Lal, and a tenant, Shadi, over the rights to land under the Punjab Security of Land Tenures Act, 1953. Bhajan Lal sought to evict Shadi for non-payment of rent, while Shadi applied to purchase the land under Section 18 of the Act. The Assistant Collector initially allowed eviction and purchase orders simultaneously, leading to conflicting decisions. The Additional Commissioner set aside the order in favor of Shadi, but the Financial Commissioner restored Shadi's right to purchase the land.The central issue revolved around the tenant's right to purchase the land under Section 18 despite facing eviction proceedings. The court emphasized that the tenant's right to purchase was not extinguished merely by the pendency of an ejectment proceeding. The Act stipulated specific conditions for the termination of tenancy, and until the Assistant Collector passed an order ejecting the tenant, the right to purchase the land remained intact.The court referenced previous judgments to support its decision, highlighting that the eviction decree only terminates the landlord-tenant relationship upon its passing. In this case, Shadi had initiated the purchase application before the eviction order, ensuring his entitlement to buy the land. The court affirmed that the subsequent eviction order did not adversely affect Shadi's statutory right to purchase the land.Ultimately, the court modified the order to ensure clarity regarding the compensation payable by Shadi for purchasing the land, including any rent arrears. It directed the Assistant Collector to determine the appropriate payment structure for Shadi under Section 18(4)(a). With this modification, the court dismissed Bhajan Lal's appeal, upholding Shadi's right to purchase the land despite the eviction order.In conclusion, the judgment clarified the tenant's rights under the Punjab Security of Land Tenures Act, emphasizing that the right to purchase land is separate from eviction proceedings. The court's decision protected Shadi's entitlement to buy the land, ensuring a fair resolution to the dispute between the parties.
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