Farmer in possession of leased premises cannot be evicted even after expiry of Lease period: SC [Read Judgment]

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 of 1953, the Bench said.Three Judge Bench of the Apex Court. 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 of 1953, the Bench said. Three Judge Bench of the Apex Court in SHYAM LAL VS. DEEPA DASS CHELA RAM CHELA GARIB DASS has held that a self-cultivating tenant in Punjab who is in possession of the leased premises beyond lease period cannot be evicted by the Landlord without establishing proof of any conditions specified in Section 9 of the Punjab Security of Land Tenure Act, 1953. Ittoop & Sons & Ors, the Court observed: “As the lease in question was not a registered instrument and as Section 117 of the Transfer of Property Act has no application to the State of Haryana, in view of the provisions of Sections 17 and 49 of the Registration Act read with Section 107 of the Transfer of Property Act, 1882 the terms of the lease deed would not be admissible in evidence and, therefore, cannot be looked into for the purpose of determining the duration of the lease….In the present case, the lease being admittedly an agricultural lease the same can be deemed to be from year to year in view of the provisions of Section 106 of the Transfer of Property Act.” AGRICULTURAL TENANT PROTECTED UNDER 1953 ACT