HARI SHANKAR vs BOARD OF REVENUE .

The Supreme Court held that under Section 40 of the United Provinces Tenancy Act, 1939, a sub-tenancy created for more than five years is illegal, and thus, Hari Shanker was entitled to file a suit under Section 171 against Habib and Ida for recovery of possession. The Court clarified that the Division Bench of the High Court erred in conflating the issues of sub-tenancy termination and possession recovery. The decree in favor of Hari Shanker was upheld, affirming his rights as a landholder under the Act.