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Showing contexts for: ejectment execution in L. Deep Chandra vs Lala Raghuraj Swarup And Ors. on 24 March, 1977Matching Fragments
10. Sub-section (2) of Section 40 stipulates that no non-occupancy tenant shall sub-let the whole or any portion of his holding for a term exceeding one year or within one year of any portion of such holding being held by a sub-tenant.
11. Section 45 of the Act provides for the extinction of tenancies, It reads:
"45. The interest of a tenant shall be extinguished--
(a) when he dies leaving no heir entitled to inherit in accordance with the provisions of this Act:
(b) in laud which has been sold in execution of a decree for arrears of rent or from which he has been ejected in execution of a decree or order of a court;
18. The contention of Sri Shanti Bhu-shan, appearing for the appellant, is that by virtue of Section 47 (4) of the Act, the extinction of the interest of the sub-tenant was postponed till the expiry of the remainder of the term of sub-lease, but for Sub-section (4) of Section 47 of the Act, the sub-tenancy of the defendant respondent would have come to an end with the surrender of the tenancy rights by the tenant-in-chief in favour of the plaintiff on 14th Sept. 1954.
19. The contention of Sri G. N. Verma, on the other hand, is that there is no provision in the Act for the extinction of the tenancy rights, which includes sub-tenancy rights, by efflux of time and the interest of a tenant or sub-tenant can be extinguished only in the manner provided by the Act. Sri G. N. Verma referred to Section 157 of the Act, which provides that no tenant shall be ejected from his holding otherwise than in accordance with the provisions of this Act, He also relied upon Section 45 of the Act, which deals with various situations in which the interest of a tenant shall be extinguished, but none of the sub-sections of Section 45 of the Act contemplates the extinction of the tenancy or sub-tenancy rights by efflux of time. In short, his contention is that if a person is a sub-tenant, his status as a subtenant will continue till a suit for his eviction is filed and he is actually ejected in execution of a decree.