The Supreme Court has held that a farmer, who is in possession of leased land even after expiry of the lease period, cannot be evicted if the owner either acknowledges the tenancy or is accepting the rent.
Referring to a provision of the Transfer of Property Act, a three-judge Bench, headed by Justice Ranjan Gogoi, set aside the verdict of the Punjab and Haryana High Court, which ordered the eviction of a farmer after expiry of the lease period of the land.
“The operation of Section 116 of the Transfer of Property Act would confer legitimacy to the possession of the tenant even after the termination or expiration of the deemed period of the lease so as to confer on him a status akin to that of a statutory tenant and hence protection from eviction as envisaged by the provisions of the Act (Punjab Security of Land Tenure Act) of 1953,” the Bench, also comprising Justices Arun Mishra and P.C. Pant, said.
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The Bench said there was no legal provision to evict the farmer as the eviction conditions laid down in the Punjab Security of Land Tenure Act 1953 and the Punjab Tenancy Act 1887 did not include a tenant whose lease had expired.