Restoration of tenant ejected after the 15th of August, 1947

The Punjab Security of Land Tenures Act, 1953

General195345 sections

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Statutory text

(1) Where a tenant has been ejected from any land in excess of the permissible area on grounds other than those mentioned in section 9, before the commencement of this Act, and after the 15th of August, 1947, such land is under self-cultivation, such tenant shall be subject to the provisions of this Act be entitled to be restored to his tenancy in the manner prescribed or on the same terms and conditions on which it was held by him at the time of his ejectment, on an application made to an Assistant Collector of the first Grade having jurisdiction, within one year from the date of intimation of reservation after the commencement of this Act, or, if no such reservation is made within the period specified in sub-section (3) of section 5, two years from the date of commencement of this Act : Provided that if more tenants than one have been ejected from the same tenancy, the right of application for restoration shall be exercisable in serial order of priority commencing from the tenant first ejected and to the extent in each case of the permissible area, after taking into account any other tenancy or land which the ejected tenant holds at the time of his application for restoration].
(2) On receipt of an application the Assistant Collector shall, after giving to the parties notice in writing and a reasonable opportunity to be heard, determine the dispute summarily, and shall keep a memorandum of evidence and a gist of his final order with brief reasons therefor.
(3) When an application has been made, any proceedings in relation to the same matter pending in any other court or before any other authority shall be stayed on receipt of information by that court or authority from such Assistant Collector of the fact of having received the application, and all such proceedings in a court or before any authority shall lapse when the dispute has been determined by the Assistant Collector acting under this Act.
(4) A landowner or any other person in actual possession of land at the time of restoration shall be entitled to such compensation as may be determined by the Assistant Collector, from the tenant intended to be restored, for any loss suffered in consideration of anything done prior to the date of his first receiving information of the application : Provided that no ejected tenant shall be restored to his tenancy as provided hereinbefore unless he has paid compensation as determined by the Assistant Collector to the landowner or other person, if any, as the case may be.

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