NUTAN KUMAR Vs. IIND ADDITIONAL DISTRICT JUDGE
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
IIIRD ADDITIONAL DISTRICT JUDGE
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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.
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