HARISHANKER versus BOARD OF REVENUE, U.P. & ORS.

HARISHANKER versus BOARD OF REVENUE, U.P. & ORS.

A sub-tenancy contravening Section 40 (i.e., continuing for over five years) entitles the land holder to file suit under Section 171 for ejectment of both tenant and sub-tenant. The High Court erred in conflating the termination of sub-tenancy with recovery of possession; the decree for ejectment under Section 171 must stand, leaving questions of possession or execution to pending proceedings.

Parties
Appellant: Hari Shanker; Respondents: Board of Revenue, U.P. & Others; Tenant/respondent: Habib Ahmad; Sub Tenant/respondent: Ida
Jurisdiction
India
Judgment Date
24 September 1987
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
appeals allowed
Legal Topics
Termination of Sub Tenancy, Recovery of Possession, Illegal Sub Letting, Execution of Decrees, Tenancy Act Interpretation
Tenancy Law Property Law Termination of Sub Tenancy Recovery of Possession Illegal Sub Letting Execution of Decrees Tenancy Act Interpretation

Case Brief

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Parties

Hari Shanker

Appellant

Board of Revenue, U.P. & Others

Respondents

Habib Ahmad

Tenant/respondent

Ida

Sub Tenant/respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether the sub-tenancy granted for more than 5 years contravenes Section 40 of the United Provinces Tenancy Act, 1939
  2. 2 Whether a suit for ejectment is maintainable under Section 171 due to illegal sub-letting
  3. 3 Whether questions of termination of sub-tenancy and recovery of possession are distinct

Ratio Decidendi

A sub-tenancy contravening Section 40 (i.e., continuing for over five years) entitles the land holder to file suit under Section 171 for ejectment of both tenant and sub-tenant. The High Court erred in conflating the termination of sub-tenancy with recovery of possession; the decree for ejectment under Section 171 must stand, leaving questions of possession or execution to pending proceedings.

Court Disposition

appeals allowed

Orders

  • The decree passed by the Board of Revenue in favour of Hari Shanker is restored.
  • Order of the Single Judge of the Allahabad High Court dated 26th March 1970 is restored.