NUTAN KUMAR AND ORS. versus IIND ADDITIONAL DISTRICT JUDGE AND ORS.

NUTAN KUMAR AND ORS. versus IIND ADDITIONAL DISTRICT JUDGE AND ORS.

The principle established in Nanakram v. Kundairai, namely that in the absence of a mandatory statutory provision obliging eviction for contravention, the lease is not void and parties are bound by its terms, continues to hold the field. The Full Bench of the High Court was bound by this authority and could not take a contrary view. The impugned judgments were set aside and the matter was remitted to the High Court to decide the writ petition in accordance with law.

Parties
Appellant: Nutan Kumar and Ors.; Respondent: IInd Additional District Judge and Ors.
Jurisdiction
India
Judgment Date
27 September 2002
Procedural Posture
Civil Appeal / Disposition of Appeals Against Judgments (including Full Bench Judgment of Allahabad High Court and Writ Petition)
Outcome
Appeals disposed; impugned judgments set aside; matter remitted to High Court.
Legal Topics
Eviction, Validity of Lease Agreements, Binding Judicial Precedent
Tenancy Contract Law Statutory Interpretation Eviction Validity of Lease Agreements Binding Judicial Precedent

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Parties

Nutan Kumar and Ors.

Appellant

IInd Additional District Judge and Ors.

Respondent

Procedural Posture

Civil Appeal / Disposition of Appeals Against Judgments (including Full Bench Judgment of Allahabad High Court and Writ Petition)

Legal Issues

  1. 1 Whether a lease agreement entered in contravention of the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is void
  2. 2 Whether such an agreement is enforceable in law and a decree for ejectment can be passed

Ratio Decidendi

The principle established in Nanakram v. Kundairai, namely that in the absence of a mandatory statutory provision obliging eviction for contravention, the lease is not void and parties are bound by its terms, continues to hold the field. The Full Bench of the High Court was bound by this authority and could not take a contrary view. The impugned judgments were set aside and the matter was remitted to the High Court to decide the writ petition in accordance with law.

Court Disposition

Appeals disposed; impugned judgments set aside; matter remitted to High Court.

Orders

  • Full Bench judgment of Allahabad High Court dated 20th May 1993 and subsequent dismissal of writ petition set aside
  • Matter remitted to High Court for decision of writ petition in accordance with law