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.

3. 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.

4. 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.

5. Section 3 of the Act, which grants protection to the tenants against eviction, provides that subject to any order passed under sub-section (3) no suit shall without the permission of the District Magistrate, be filed in any civil court against a tenant for his eviction from any accommodation, except on any of the grounds mentioned in clauses (a) to (g) thereof.

6. Section 7 is the crucial section for the purpose of this case. It deals with the control of letting. Under this section, as it originally stood, the District Magistrate could by general or special order require a landlord to give intimation of the falling vacant of any accommodation of which he was a landlord and to let or not to let to any person. It also contained an explanation clause which provided that for the purposes of the section the word let shall include the word sub-let. Section 7 was thereafter amended by the United Provinces (Temporary) Control of Rent and Eviction (Amendment) Act, No. XLIV of 1948 and sub-section (1) of Section 7 was substituted as follows:

" (1) (a) The District Magistrate may, by general or special order, require a landlord to give intimation that any accommodation of which he is the landlord is or has fallen vacant, and to let or not accommodation to any person;

(b) In any case where in pursuance of an order of the District Magistrate passed under clause (a) aforesaid, the vacancy of any accommodation is required to be reported the tenant occupying such accommodation shall, within seven days of his vacating the same, give intimation thereof in writing to the District Magistrate or such officer as the District Magistrate may appoint in this behalf;

Provided that in making first allotment in case of any accommodation constructed after July 1, 1946, the District Magistrate shall allot it to the owner if the owner not being in occupation of any other house owned by him in that municipality or other contiguous area to which the Act applies, genuinely requires such accommodation for his own residence.

Explanation - A newly constructed accommodation shall be deemed to be vacant as soon as it is fi