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august 1991

Supreme Court of India · 1991-08-21

LALA RAGHURAJ SWARUP (DEAD) BY L.RS. vs HARDWARI LAL AND ORS.

Citation / case number
SC 1977/61766
Court
Supreme Court of India
Petitioner
LALA RAGHURAJ SWARUP (DEAD) BY L.RS.
Respondent
HARDWARI LAL AND ORS.
Author
R.M. SAHAI
Bench
R.M. SAHAI

Judgment text excerpt

The Supreme Court held that the interest of a non-occupancy sub-tenant is extinguished upon the extinction of the non-occupancy tenant's interest, as per Section 47(1) of the United Provinces Tenancy Act, 1939. The Court clarified that a sub-tenant cannot be considered a tenant under Sections 175(a) or (b) if they remain in possession after the lease expiry and despite a notice to quit. Consequently, the suit for ejectment was maintainable under Section 180 of the Act, leading to the dismissal of the appeal by the sub-tenant.

LALA RAGHURAJ SWARUP (DEAD) BY L.RS. vs HARDWARI LAL AND ORS. · Niyam