LACHOO MAL versus RADHEY SHYAM

LACHOO MAL versus RADHEY SHYAM

Section 1-A of the U.P. Temporary Control of Rent and Eviction Act, 1947, confers a benefit which can be waived by the owner. There is no prohibition against a landlord and tenant contracting to apply the Act to a new building; such agreement is not void under s. 23 Indian Contract Act unless it necessarily entails transgression of law, which was not the case here.

Parties
Appellant: Lachoo Mal; Respondent: Radhey Shyam
Jurisdiction
India
Judgment Date
10 February 1971
Procedural Posture
Civil Appeal / Appeal From High Court Judgment (allahabad High Court, Second Appeal No. 307 of 1965)
Outcome
Appeal allowed
Legal Topics
Waiver of Statutory Benefit, Validity of Agreements Under S. 23 Indian Contract Act, Applicability of Rent Control Statutes
Contract Law Property Law Tenancy Law Waiver of Statutory Benefit Validity of Agreements Under S. 23 Indian Contract Act Applicability of Rent Control Statutes

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Parties

Lachoo Mal

Appellant

Radhey Shyam

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment (allahabad High Court, Second Appeal No. 307 of 1965)

Legal Issues

  1. 1 Whether a landlord can waive the benefit of s. 1-A of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 by agreement with tenant
  2. 2 Whether such an agreement is void under s. 23 of the Indian Contract Act, 1872

Ratio Decidendi

Section 1-A of the U.P. Temporary Control of Rent and Eviction Act, 1947, confers a benefit which can be waived by the owner. There is no prohibition against a landlord and tenant contracting to apply the Act to a new building; such agreement is not void under s. 23 Indian Contract Act unless it necessarily entails transgression of law, which was not the case here.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside; judgment of the trial court restored
  • Appellant entitled to costs in Supreme Court