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1993 Supreme(All) 310

D.S.SINHA, S.C.VERMA, S.R.SINGH
NUTAN KUMAR – Appellant
Versus
IIND ADDITIONAL DISTRICT JUDGE, BANDA – Respondent


Advocates Appeared:
P.K.Pandey, P.N.Saxena, S.K.Shukla, WAJAHAT HUSAIN KHAN

D. S. SINHA, J.

( 1 ) ON a reference by a learned single Judge the following two questions are up for consideration and answer: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 oil the basis thereof?

( 2 ) IN our country, except so far as specifically provided for and covered by any other legislation, the matter relating to all agreements constituting subsratum of a valid contract are subject to and governing by the Indian Contract Act, 1872, hereinafter called the Contract Act.

( 3 ) CLAUSES (h) and (g) of Section 2 of the Contract Act declare that all agreement which are enforceable by law are contracts and those which are not enforceable by law are void.

( 4 ) ESSENTIAL components of a valid contract areprovided in Section 10 of the Contact Act. These are as below. (i) Competence of the parties to the agreement; (ii) Free consent of the parties; (iii) Lawfulness of c
































































































































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