NUTAN KUMAR Vs. IIND ADDITIONAL DISTRICT JUDGE
LAWS(SC)-2002-9-90
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on
September 27,2002
NUTAN KUMAR
Appellant
VERSUS
IIIRD ADDITIONAL DISTRICT JUDGE
Respondents
Referred Judgements :-
WAMAN SHRINIWAS KINI VS. RATILAL BHAGWANDAS AND CO [REFERRED]KRISHNA KHANNA VS. ADDITIONAL DISTRICT MAGISTRATE KANPUR [REFERRED]
MANNALAL KHETAN VS. KEDAR NATH KHETAM [REFERRED]
NANAKRAM KAKUBHAI AND COMPANY VS. KUNDALRAI:NATHMAL [REFERRED]
Cited Judgements :-
ADMINISTRATOR OF SPECIFIED UNDERTAKING OF THE U T I VS. GARWARE POLYESTER LTD [LAWS(SC)-2005-5-26] [REFERRED TO]MUKESH GUPTA VS. P K BAJAJ [LAWS(DLH)-2006-11-216] [REFERRED TO]
RAMAKANT MISHRA VS. SURENDRA KUMAR MISHRA [LAWS(ALL)-2005-1-64] [REFERRED TO]
MAIFOOS AHMAD VS. RENT CONTROL AND EVICTION OFFICER A C M IIIRD [LAWS(ALL)-2005-2-157] [REFERRED TO]
VIKRAM SAIN JAIN VS. CHATURBHUJ ADDL DISTRICT AND SESSIONS JUDGE [LAWS(ALL)-2005-8-78] [REFERRED TO]
SUSHIL KUMAR VS. OM PRAKASH SHOP KEEPER [LAWS(ALL)-2005-9-96] [REFERRED TO]
SURENDRA KUMAR ANAND VS. A D J /ET C VIITH DEHRADUN [LAWS(ALL)-2006-8-135] [REFERRED TO]
SANJAY KUMAR PATHAK VS. STATE OF U P [LAWS(ALL)-2007-3-203] [REFERRED TO]
DEO NARAYAN JAISWAL VS. SPECIAL JUDGEE C ACT COURT NO 5 DEORIA [LAWS(ALL)-2008-2-86] [REFERRED TO]
MUNNA LAL VS. IIND ADDITIONAL DISTRICT JUDGE/FAST TRACK COURT JALAUN AT ORAI [LAWS(ALL)-2008-10-37] [REFERRED TO]
S MOHAMMED ANWARUDDIN VS. SABINA SULTANA [LAWS(APH)-2005-4-78] [REFERRED TO]
BRIJGOPAL LUMANI VS. MOTHEY ANJA RATNA RAJKUMAR [LAWS(APH)-2009-10-36] [REFERRED TO]
VINAY KUMAR KOHLI VS. UNION OF INDIA [LAWS(MPH)-2002-1-1] [REFERRED TO]
JABALPUR BUS OPERATORS ASSOCIATION VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-12-33] [REFERRED TO]
RIYAJ FATMA VS. SPECIAL JUDGE ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2005-2-122] [REFERRED TO]
OMWATI VS. DISTRICT JUDGE [LAWS(ALL)-2005-6-3] [REFERRED TO]
ANIL KUMAR DIXIT VS. MAYA TRIPATHI [LAWS(ALL)-2005-12-40] [REFERRED TO]
MAHESH KUMAR AGRAWAL VS. VIJAY PAL GOEL [LAWS(ALL)-2007-11-120] [REFERRED TO]
AZIM ULLAH VS. RENT CONTROL AND EVICTION OFFICER KANPUR NAGAR [LAWS(ALL)-2010-8-77] [REFERRED TO]
KRISHNA DEVI VS. ADDITIONAL DISTRICT JUDGE KANPUR [LAWS(ALL)-2010-12-31] [REFERRED TO]
THAKUR PRASAD MADHESIYA VS. STATE OF U P [LAWS(ALL)-2011-1-66] [REFERRED TO]
RANA PRATAP VINAYAK VS. VIIITH A D J [LAWS(ALL)-2011-5-52] [REFERRED TO]
SHEELA DEVI VS. PATANJALI MOCATE [LAWS(ALL)-2011-9-60] [REFERRED TO]
KARAN MARKETING VS. SHAGUN MAHILA AUDYOGIK SAHAKARI SANSTHA MARYADIT [LAWS(BOM)-2004-12-21] [REFERRED TO]
REETA SINGH ALIAS MADHVI SINGH VS. RAJENDRA SHARMA [LAWS(ALL)-2012-5-165] [REFERRED TO]
K GOPAL VS. SUDARSHAN DEVI BHATIA [LAWS(ALL)-2012-4-169] [REFERRED TO]
UMA YADAV VS. A D M [LAWS(ALL)-2012-7-164] [REFERRED TO]
MAINA SADA GAUDE ALIAS SANGODKAR VS. STATE OF GOA, THROUGH ITS CHIEF SECRETARY SECRETARIAT [LAWS(BOM)-2012-11-74] [REFERRED TO]
SATENDRA PAL SINGH VS. DWARIKA DAS [LAWS(ALL)-2012-11-59] [REFERRED TO]
JAGDISH PRASAD MISHRA VS. STATE OF U.P.THROUGH COLLECTOR SITAPUR [LAWS(ALL)-2013-7-24] [REFERRED TO]
MANOJ SINGH VS. ADDL. DISTRICT JUDGE [LAWS(ALL)-2006-4-327] [REFERRED TO]
SURENDRA KUMAR ANAND VS. A.D.J./F.T.C. VIITH, DEHRADUN [LAWS(UTN)-2006-8-22] [REFERRED TO]
CHANDRA PRAKASH SHUKLA VS. INDRAMANI SEMWAL [LAWS(ALL)-2012-9-284] [REFERRED TO]
RAJESH KUMAR VS. DUSHYANT KUMAR [LAWS(ALL)-2014-11-119] [REFERRED TO]
MAHENDRA PRATAP SRIVASTAVA VS. ADDL. DISTRICT JUDGE [LAWS(ALL)-2014-1-329] [REFERRED TO]
WAJID SONS EXPORT LIMITED VS. UMA SAH [LAWS(UTN)-2013-7-99] [REFERRED TO]
BHUPENDRA KUMAR RAJPOOT VS. RENT CONTROL AND EVICTION OFFICER AND ORS. [LAWS(UTN)-2010-4-102] [REFERRED TO]
MAHENDRA KUMAR VS. PARASRAM GOEL AND ORS. [LAWS(ALL)-2015-8-260] [REFERRED TO]
SATISH CHANDRA GOYAL VS. DISTRICT JUDGE, PAURI GARHWAL AND ANOTHER [LAWS(UTN)-2005-7-113] [REFERRED TO]
MANOJ KUMAR JAIN VS. ADDL. DISTRICT JUDGE, DEHRADUN AND OTHERS [LAWS(UTN)-2004-8-127] [REFERRED TO]
KUNDAN LAL (SINCE DECEASED) & OTHERS VS. ANIL KUMAR [LAWS(ALL)-2006-7-271] [REFERRED TO]
RAM MILAN ALIAS CHANDU MILAN VS. ADDL. CITY MAGISTRATE (V)/RENT CONTROL & EVICTION OFFICER AND ANOTHER [LAWS(ALL)-2013-5-416] [REFERRED TO]
ACHCHHEY LAL VS. IVTH ADDITIONAL DISTRICT JUDGE, GORAKHPUR AND OTHERS [LAWS(ALL)-2005-12-311] [REFERRED TO]
LAKHAN LAL AND OTHERS VS. SRI KRISHNA LAL AND ANOTHER [LAWS(ALL)-2005-8-312] [REFERRED TO]
KUNWAR DEEP SINGH VS. GHANSHYAM SHUKLA [LAWS(ALL)-2012-11-213] [REFERRED TO]
SARDAR MANJEET SINGH VS. A.D.J., MAINPURI & OTHERS [LAWS(ALL)-2013-1-485] [REFERRED TO]
SURENDRA PRASAD GUPTA VS. DISTRICT JUDGE LUCKNOW AND ORS. [LAWS(ALL)-2014-7-485] [REFERRED TO]
MRS. R. MISHRA (RAZIMA MISHRA) VS. PUNIT KANTHARIYA [LAWS(ALL)-2016-4-430] [REFERRED TO]
ABDUL SATTAR KULLI, MAJOR R/O MUZAWAR WADA VS. AISHAM BI MAMLEKAR [LAWS(BOM)-2018-2-213] [REFERRED TO]
SHEO LAKHAN SINGH VS. M. LAXMI [LAWS(ALL)-2018-7-298] [REFERRED TO]
AVADHESH KUMAR GUPTA VS. GULAM MOHAMMAD [LAWS(ALL)-2019-1-33] [REFERRED TO]
SAJAN LAL VS. GEETA DEVI [LAWS(ALL)-2018-9-200] [REFERRED TO]
PUESH KUMAR GUPTA VS. STATE OF GUJARAT [LAWS(GJH)-2017-10-100] [REFERRED TO]
ALOK VERMA VS. VINOD KUMAR [LAWS(UTN)-2020-2-18] [REFERRED TO]
SATCHIDANAND S.S. KACODKAR VS. MEGAXMA RAMACRISHNA SINAI CACODKAR [LAWS(BOM)-2020-6-158] [REFERRED TO]
SHAHED KAMAL VS. PAGARANI UNIVERSAL INFRASTRUCTURE PVT. LTD. [LAWS(BOM)-2020-11-74] [REFERRED TO]
SHAHED KAMAL VS. PAGARANI UNIVERSAL INFRASTRUCTURE PRIVATE LIMITED [LAWS(BOM)-2022-3-72] [REFERRED TO]
JUDGEMENT
S. N. Variava, J. -
(1.)These appeals are against a judgment dated 20th September, 1993 by which the writ petition filed by the appellants has been dismissed. This judgment dated 20th September, 1993 was based on a judgment rendered by a Full Bench of the Allahabad High Court on 20th May, 1993. The questions which were referred and considered by the Full Bench were as follows :
"1. Whether an agreement of lease between the landlord and the tenant for letting and occupation of a building in contravention of the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is void
2. Whether the said agreement is enforceable in law and a decree for ejectment of the tenant can be passed in favour of the landlord on the basis thereof -
(2.)The respondent has remained absent in spite of notice served. This Court therefore requested Mr. R. N. Trivedi, the Additional Solicitor General of India, to assist the Court as an Amicus Curie. Mr. Trivedi has very ably assisted this Court and the Court expresses its appreciation of the efforts put in by him and the very able assistance rendered by him.
(3.)At this stage the relevant facts must be briefly stated : The appellant is the landlord. In May, 1977 he let out the premises in question to the 3rd respondent on a monthly rent of Rs. 70/-. The 3rd respondent paid rent for the months of June, July and August, 1977 and thereafter stopped paying any rent. The appellant therefore gave a notice on 4th August, 1982 and filed a suit for ejectment under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the said Act) on the ground of non-payment of rent.
"1. Whether an agreement of lease between the landlord and the tenant for letting and occupation of a building in contravention of the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is void
2. Whether the said agreement is enforceable in law and a decree for ejectment of the tenant can be passed in favour of the landlord on the basis thereof -
(2.)The respondent has remained absent in spite of notice served. This Court therefore requested Mr. R. N. Trivedi, the Additional Solicitor General of India, to assist the Court as an Amicus Curie. Mr. Trivedi has very ably assisted this Court and the Court expresses its appreciation of the efforts put in by him and the very able assistance rendered by him.
(3.)At this stage the relevant facts must be briefly stated : The appellant is the landlord. In May, 1977 he let out the premises in question to the 3rd respondent on a monthly rent of Rs. 70/-. The 3rd respondent paid rent for the months of June, July and August, 1977 and thereafter stopped paying any rent. The appellant therefore gave a notice on 4th August, 1982 and filed a suit for ejectment under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the said Act) on the ground of non-payment of rent.
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