Termination of tenancy.

§19

Summary

(1) Notwithstanding any agreement, usage, decree or order of a court of law, the tenancy of any land held by a tenant shall not be terminated- (I) unless such tenant- (a) (i) has failed to pay in any year, before the 31st day of March of that year, the rent of such land for that year, or (ii) if an application for the determination of reasonable rent is pending before the Tahsildar under section 12, has failed to deposit within thirty days from the aforesaid date with the Tahsildar, a sum equal to the amount of rent which he would have been liable to pay for that year if no such application had been made, or (iii) in case the reasonable rent determined under section 12 is higher than the sum deposited by him, has failed to pay the balance due from him within two months from the date of the decision of the Tahsildar; (b) has done any act which is destructive or permanently injurious to the land; (c) has sub-divided the land in contravention of section 33; (d) has sub-let 1[or assigned] the land or failed to cultivate it personally; or (e) has used such land for a purpose other than agriculture 2[or allied pursuits]; and (II) unless the landlord has given three months’ notice in writing informing the tenant of his decision to terminate the tenancy and the particulars of the ground for such termination and within that period the tenant has failed to remedy the breach for which the tenancy is liable to be terminated. (2) Notwithstanding anything contained in sub-section (1), the tenancy of any land held by a tenant who is a widow or a minor or who is subject to physical or mental disability or who is a serving member of the armed forces shall not be liable to be terminated under the said sub-section only on the ground that such land has been sub-let on behalf of the said tenant.

(1) Notwithstanding any agreement, usage, decree or order of a court of law, the tenancy of any land held by a tenant shall not be terminated- (I) unless such tenant- (a) (i) has failed to pay in any year, before the 31st day of March of that year, the rent of such land for that year, or (ii) if an application for the determination of reasonable rent is pending before the Tahsildar under section 12, has failed to deposit within thirty days from the aforesaid date with the Tahsildar, a sum equal to the amount of rent which he would have been liable to pay for that year if no such application had been made, or (iii) in case the reasonable rent determined under section 12 is higher than the sum deposited by him, has failed to pay the balance due from him within two months from the date of the decision of the Tahsildar; (b) has done any act which is destructive or permanently injurious to the land; (c) has sub-divided the land in contravention of section 33; (d) has sub-let 1[or assigned] the land or failed to cultivate it personally; or (e) has used such land for a purpose other than agriculture 2[or allied pursuits]; and (II) unless the landlord has given three months’ notice in writing informing the tenant of his decision to terminate the tenancy and the particulars of the ground for such termination and within that period the tenant has failed to remedy the breach for which the tenancy is liable to be terminated. (2) Notwithstanding anything contained in sub-section (1), the tenancy of any land held by a tenant who is a widow or a minor or who is subject to physical or mental disability or who is a serving member of the armed forces shall not be liable to be terminated under the said sub-section only on the ground that such land has been sub-let on behalf of the said tenant.

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