Punjab Security Of Land Tenures Act] Civil Court Would Retain Jurisdiction In Cases Where the Landlord-Tenant Relationship Itself Is Disputed

Case: Assa Singh (D) By LRs v. Shanti Parshad (D) By LRs. & Others

Coram: Justices K.M. Joseph and S. Ravindra Bhat

Case No.: Civil Appeal No.6915 Of 2021

Court Observation: “Section 25. Exclusion of courts and authorities – Except in accordance with the provisions of this Act, the validity of any proceedings or order taken or made under this Act shall not be called in question in any court or before any other authority.”

“The law giver no doubt does contemplate an exclusive and expeditious remedy for the landlord to seek eviction brooking no overlapping of jurisdiction by exercise of power by any other court or authority on a parallel basis.” “What we find, is that, the expression “validity of the decision or the Order” in Section 25 of the Act, would not include a case where, despite a dispute projected, that there was no landlord-tenant relationship, the Authority decides the said issue in the course of the Order of Eviction, under Section 14A, after brushing aside the tenant’s objection relating to his position, viz., that he is not a tenant. In such a situation, the validity is tied-up with the fundamental aspect of absence of power of the Authority to decide on the question of landlord-tenant relationship. We must clarify, therefore, that the validity of the orders under Section 14A is open to scrutiny in a Civil Court, in a situation, when the tenant denies and disputes the case of the landlord that there is a landlord-tenant relationship.”

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Keywords

Punjab Security Of Land Tenures Act, Retain Jurisdiction, Landlord-Tenant Relationship