Section 47 in The United Provinces Tenancy Act, 1939
47. Rights of sub-tenant and mortgagee on extinction of tenant's interest
. - (1) Except as otherwise provided in sub-section (3) and sub-section (4), the extinction of the interest of a tenant, other than a permanent tenure-holder or a fixed-rate tenant, shall operate to extinguish the interest, of any tenant holding under him.(2)Subject to the provisions of Section 16 of the Land Acquisition Act, 1894, the extinction of the interest of permanent tenure-holder or a fixed-rate tenant shall not of itself affect the rights of any transferee from such tenant under a valid transfer, but after the transfer all covenants binding and enforceable as between the land-holder and the tenant shall be binding and enforceable as between the land-holder and the transferee.(3)Where, at the time of the extinction by surrender or abandonment of the interest in a holding of a tenant, other than a permanent tenure-holder or a fixed-rate tenant, there is in existence, a valid sub-lease or mortgage of the whole or of a portion of the holding executed before the first day of January, 1902, all covenants binding and enforceable as between the tenant and the sub-tenant or the mortgagee, as the case may be, shall, subject to the provisions of sub-section (5) be binding and enforceable as between the tenant's land-holder and the sub-tenant or the mortgagee for the remainder of the term of the sub-lease or mortgage, or for the lifetime of the tenant, or for ten years, whichever period may be the shortest.(4)Where, at the time of the extinction by surrender or abandonment, or by death without any heir entitled to inherit such interest, of the interest in a holding of a tenant other than a permanent tenure-holder or fixed-rate tenant, there is in existence a valid sub-lease of the whole or of a portion of the holding, executed on or after the first day of January, 1902, all covenants, binding and enforceable as between the tenant and the sub-tenant shall, subject to the provisions of sub-section (5), be binding and enforceable as between the tenant's land-holder and the sub-tenant for the remainder of the term of the sub-lease or for five years, whichever period may be the shorter.(5)In the case referred to in sub-section (3) and sub-section (4), if the rent payable by the sub-tenant is less than that either to payable by the tenant, the sub-tenant shall have the option of vacating the holding, but shall, if he continues in possession, be liable to pay rent at the rate hitherto payable by the tenant.(6)Nothing in this section shall have the effect of limiting the right of the land-holder to have the rent of any holding enhanced under the provisions of Chapter VI of this Act, or to set aside any sub-lease voidable under the provisions of sub-section (2) of Section 44.
