ALLAHABAD HIGH COURT
, CJ, SAHGAL, J, LAKSHMI PRASAD, J
Mohd. Ishaq v. State
1.The following question has been referred to a Full Bench by a Division Bench particularly for reconsideration of the decision in Dr. A.C. Dass v. T.R.O. and D.S.O. Lucknow , 1962 All. LJ 553 : -
"When a tenant - in - chief vacates an accommodation by subletting it to another person can the District Magistrate pass an order under S. 7(2) of the Act to him to sublet it to another person or to his landlord, e.g. the owner of the accommodation, to let it to another person. In other words, who is the landlord of the accommodation that falls vacant - the tenant - in - chief or the owner - who can be ordered to let ?"
2. Since an abstract question is referred to us we are not concerned with the facts and I do not consider it necessary to reproduce them. The question is an abstract question of law, the answer to which does not depend upon the facts at all.
3. "Accommodation" is defined in S.2(a) of the Temporary Control of Rent and Eviction Act to mean residential or non - residential accommodation in any building or part of a building. Really this is not a definition but only an explanation because in defining a word one cannot use that word itself. Accommodation is not a concept like a
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