(1) The restrictions imposed by Section 40 on the sub-letting of a holding or portion of a holding shall not apply when the lessor is a female, a minor, a lunatic, an idiot, or a person incapable of cultivating by reason of blindness or physical infirmity, or because he is in the military, naval or air service of the Government.
Provided that in the case of a holding held jointly by more persons than one, the provisions of this sub-section shall not apply, unless either such persons are incapable of cultivating because one or more of them is in the military, naval or air service of the Government or all such persons are of one or more of the remaining descriptions specified therein.
(2) A sub-lease which would be invalid but for the provisions of sub-section (1), shall not remain in force for more than three years after the lessor dies or ceases to come within any of the descriptions specified therein.
Provided that in the case of a holding held jointly by more persons than one, the provisions of this sub-section shall not apply, unless either such persons are incapable of cultivating because one or more of them is in the military, naval or air service of the Government or all such persons are of one or more of the remaining descriptions specified therein.
(2) A sub-lease which would be invalid but for the provisions of sub-section (1), shall not remain in force for more than three years after the lessor dies or ceases to come within any of the descriptions specified therein.
---