Libertatem Magazine

Tenant can continue to occupy the leased premises even after expiration of agricultural lease on the basis of ‘holding over’ principle

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The Hon’ble Supreme Court, in a recent judgment Shyam Lal v. Deepa Dass Chela Ram Chela Garib Dass, held that after the expiry of the fixed term tenancy of an agricultural lease under the Punjab Security of Land Tenure Act, 1953, the tenancy does not get automatically terminated and the person occupying the leased premises does not cease to be a tenant.

The Court held that to be entitled to get the protection from eviction, that person should come under the purview of the term “tenant” under the 1953 Act read with the relevant provisions of the Punjab tenancy Act, 1887 Act. Continuing possession of land after the expiry of the duration of the lease with the consent of the landlord will continue to vest the same status on the tenant by virtue of the principle of holding over.

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