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.