MATHUR, C. J. - (1.) THE question is whether a part of a building let out to a tenant and used by him as a garage for keeping his car is an accommodation within the meaning of clause (a) of Sec tion 2 of the U. P. (Temporary) Control of Rent & Eviction Act, 1947 (to be re ferred hereinafter as the Act). The mat ter was referred to a Full Bench because in the opinion of the learned Single Judge the decision in an unreported case H K, Dhaon v. State of U. P., Civil Misc Appln. No. 96 of 1955 (O. J.), D.00 2-4-1958 (All.) requires reconsideration. The term 'accommodation' has been defined in Section 2 (a) of the Act as below:- " 'accommodation' means residential and non-residential accommodation in an;y building or part of a building and in cludes- (i) gardens, grounds and out-houses, J if any, appurtenant to such building 01 part of a building; (ii) any furniture supplied by the i landlord for use in such building or part of a building; (iii) any fittings affixed to such build ing or part of a building for the more beneficial enjoyment thereof. But does not include any accommodation used as a factory or for an industrial purpose where the business carried on in or upon the building is also leased out to the lessee by the same transaction."
(2.) THE definition is not happily worded since it uses the same word 'ac commodation' in denning that very ex pression. However, the import of the main clause of this definition is clear. It means that 'accommodation' is a building or part of a building which provides a space or room for residential or non-resi dential purposes and includes those things also which are mentioned in sub-clauses (i) to (iii). The use of the word 'includes' further suggests that the ex pression 'accommodation' has been used in a comprehensive sense and the defini tion is not exhaustive. The main stress ol the definition is upon a building or part of a building which includes other things appurtenant to such building or part of a building or affixed thereto for the bene ficial enjoyment thereof or supplied b> the landlord for use in such building. The other material provisions of the Act having some bearing on this question are contained in clause (iii) of the third proviso to sub-section (2-a) ol Section 1 which) lays down that nothing in this Act shall apply to any tenancy 01 other relationship in respect of any plol of land not covered by roofed structure. It means that an open piece of land will not be governed by the provisions of the Act. Even if such land has been enclosed by boundary walls without any roof ii would also not fall within the purview of the Act. Again, Section 1-A provider that nothing in this Act shall apply to any building or part of a building which was under erection or was constructed on or after January 1. 1951. This shows thai only those buildings or parts of build ings which had been constructed before January 1, 1951 shall be governed by the provisions of the Act.
(3.) THE expression 'building' has not been defined in the Act and so it will have its ordinary Dictionary mean ing, in Webster's New International Dic tionary, Vol. I the meaning of 'building' is as below: "Act of making, erecting, or estab lishing. That which is built; specif: (a) As now generally used, a fabric or edifice framed or constructed, designed to stand more or less permanently and covering a space of land, for use as a dwelling, store-house, factory, shelter for beasts, or some other useful purpose." ;