T.S.Misra, J. - (1.) THE following question was referred by our learned brother C.S.P. Singh, J., to a larger Bench: "Whether a vacancy occurs under the provisions of U. P. (Temporary) Control of Rent and Eviction Act 1947 in case a tenant sub-let a portion of his accommodation ?"
(2.) WHEN the matter was placed before a Full Bench consisting of three Judges it appeared that the question involved a reconsideration of a Full Bench decision of this Court in Mohd. Ishaq v. State of U. P., (AIR 1966 All 280) (FB) and also of some observations made by another Full Bench in R.K. Singh v. State of U. P., (1970 All LJ 592). Since those Full Benches were constituted by three learned Judges it was felt that the aforesaid question should be referred to a larger Bench constituted by at least five Judges. That is how the said question has now come up before this Full Bench. The question referred to us is in an abstract form, hence before seeking an answer to the same it would be appropriate and useful in the first instance to read the material provisions of the U. P. (Temporary) Control of Rent and Eviction Act, 1947, hereinafter referred to as the Act.
(3.) THIS Act was brought on the statute with the object of providing for the continuance during the limited period of powers to control the letting and the rent of residential and non-residential accommodations and to prevent the eviction of tenants therefrom. Section 2 contains definitions. The expression 'lease' is defined in Section 2 (b) as to include a sub-lease. Section 2 (c) defines 'landlord' as a person to whom the rent is payable by the tenant in respect of any accommodation and includes the agent, attorney, heir or assignee of such a person. The expression 'tenant' is defined in Section 2 (g) as the person by whore rent is, or but for a contract, express or implied, would be payable for any accommodation.;