Section 40. Any tenant, other than a sub-lessor, from whom an arrear of rent remains due on the fifteenth day of

40. Any tenant, other than a sub-lessor, from whom an arrear of rent remains due on the fifteenth day of May in any year after the passing of this Act, and any sub-lessor from whom an arrear of rent remains due at any time during his tenancy may, subject to the provisions of sections 38, 39 and 41, be ejected from the land in respect of which the arrear is due. Tenant with Right of Occupancy.