27Right to sub-let

(1) Subject to the provisions of section 26 and sub-sections (2) to (4) of this section, a tenant may sub-let the whole or any portion of his holding.

(2) No occupancy, exproprietary or hereditary tenant shall sub-let the whole or any portion of his holding--

(a) to a person other than an agriculturist, or

(b) for a term exceeding three years:

Provided that a period of not less than three years shall intervene between the expiry of one sublease and the beginning of the next sub-lease.

(3) No non-occupancy tenant, other than a sub-tenant, shall sub-let the whole or any portion of his holding for a term exceeding one year.

(4) The rent payable by a sub-tenant to an occupancy, an exproprietary, a hereditary or a non-occupancy tenant shall be an amount not exceeding one and one-fifth of rent payable by such tenant to his land-holder:

Provided that the restrictions imposed by clause (b) of sub-section (2) on sub-letting of a holding or portion thereof shall not apply when the lessor is a female, a minor, a lunatic, an idiot, or a person incpabale of cultivating by reason of blindness, or any physical infirmity, or service in the military, naval or air forces of India, or confinement in prison:

Provided further that, in the case of a holding held jointly by more persona than one, the provisions of the first proviso shall not apply unless all such persons belong to one or more of the categories specified therein.