It was urged that since s. 18 commence with a non obstante B clause, viz. "Notwithstanding anything to the contrary contained in any law, usage or contract'', if a proceeding in ejectment is lodged against the tenant which ultimately is allowed, the tenant cannot make a claim during the pendcncy of the proceeding ·to purchase the land. To hold otherwise, it was urged, would enable a tenant in default to defeat the claim in a suit in ejectc ment by commencing a proceeding for purchasing the land. We do not think that the expression "Notwithstanding anything to the contrary contained in any law, usage or contract" whittles down the right of the tenant at the date when he makes a claim to. purchase the land merely becau1.e the tenancy is liable to be terminated in a proceeding then pending for an order in ejectD ment under s. 14-A, at the instance of the land-owner. Under the Act, the tenancy does not stand terminated merely because a proceeding in ejectment is instituted. The tenancy is ~eter mined only in the conditions prescribed by s. 9 !ind in the manner provided by s. 14-A. If a tenant is in default in payment of rent the land-owner desiring to recover rent due by the tenant may apply in writing to the Assistant Collector who shall E thereupon send a notice to the tenant to deposit the rent due or give proof of having paid it. If the tenant fails fo pay the rent or give proof of payment, the Assistant Collector shall, after a summary inquiry, if he is of the view that the tenant has not paid or deposited the rent, eject the tenant summarily and· put the land-owner in possession of the land concerned. But F so long as the Assistant Collector has not passed the order 'ejecting the tenant the right of the tenant is not exinguished: he continues to remain a tenant and being a tenant he is entitled to exercise his right to purchase the land.
