(1) If a tenant transfers, sub-lets, the whole or any portion of his holding otherwise than in accordance with the provisions of this Act, and the transferee or sub-lessee has entered upon possession in pursuance of such transfer or sub-lease both the tenant and any person who may have thus obtained possession of the whole or any part of the holding shall on the suit of the landholder be liable to ejectment from the area so transferred or sub-let at the date of the institution of the suit :
1 [ Provided that, In the case of a voidable sub-lease, if the suit succeeds, the Court shall pass a decree permitting the tenant to apply in the same proceedings, within a time not exceeding one month from the date of the decree, for the ejectment of the person in whose favour the voidable sub-lease has been made, and directing that if the tenant so applies and if he ejects such person and resumes occupation of the land within such further time as the Court, either in the decree itself or by means of a subsequent order, may fix having regard to the provisions of Section 182, the decree shall not be executed against the tenant except in respect of costs. In such a case, the decree shall direct that, if the tenant either fails to apply for the ejectment of such person within the time fixed in this behalf or fails to resume occupation within further time allowed by the Court for that purpose, the tenant as also the sub-lessee shall be ejected from the area sub-let at the date of the institution of the suit. ]
(2) To every suit under this section both the tenant and the sub-tenant or the person in whose favour the transfer purports to have been made shall be made parties.
1 [ Provided that, In the case of a voidable sub-lease, if the suit succeeds, the Court shall pass a decree permitting the tenant to apply in the same proceedings, within a time not exceeding one month from the date of the decree, for the ejectment of the person in whose favour the voidable sub-lease has been made, and directing that if the tenant so applies and if he ejects such person and resumes occupation of the land within such further time as the Court, either in the decree itself or by means of a subsequent order, may fix having regard to the provisions of Section 182, the decree shall not be executed against the tenant except in respect of costs. In such a case, the decree shall direct that, if the tenant either fails to apply for the ejectment of such person within the time fixed in this behalf or fails to resume occupation within further time allowed by the Court for that purpose, the tenant as also the sub-lessee shall be ejected from the area sub-let at the date of the institution of the suit. ]
(2) To every suit under this section both the tenant and the sub-tenant or the person in whose favour the transfer purports to have been made shall be made parties.
1 Subs. by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947