LALA RAGHURAJ SWARUP (DEAD) BY L.RS. versus HARDWARL LAL AND ORS.

LALA RAGHURAJ SWARUP (DEAD) BY L.RS. versus HARDWARL LAL AND ORS.

On extinction of the interests of the tenants under whom the sub-tenant held, the sub-tenant's interest is extinguished; after expiry of the sub-lease or statutory period, the sub-tenant is not entitled to retain possession and a suit for ejectment is maintainable under section 180, not section 175, of the United Provinces Tenancy Act, 1939.

Parties
Defendant Appellant: Lala Raghuraj Swarup (Dead) by L.Rs.; Plaintiff Respondent: Hardwari Lal and Ors.
Jurisdiction
India
Judgment Date
21 August 1991
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment
Outcome
appeal dismissed
Legal Topics
Sub Tenancy, Ejectment, Extinction of Interest, Suit Maintainability, Statutory Interpretation
Tenancy Law Property Law Civil Procedure Sub Tenancy Ejectment Extinction of Interest Suit Maintainability Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Lala Raghuraj Swarup (Dead) by L.Rs.

Defendant Appellant

Hardwari Lal and Ors.

Plaintiff Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment

Legal Issues

  1. 1 Whether the interest of a sub-tenant extinguishes on the extinction of the tenant's interest and if suit for ejectment is maintainable under section 180 or section 175 of the United Provinces Tenancy Act, 1939

Ratio Decidendi

On extinction of the interests of the tenants under whom the sub-tenant held, the sub-tenant's interest is extinguished; after expiry of the sub-lease or statutory period, the sub-tenant is not entitled to retain possession and a suit for ejectment is maintainable under section 180, not section 175, of the United Provinces Tenancy Act, 1939.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs throughout.