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ALLAHABAD HIGH COURT
Desai, CJ, Prem Prakash, J, Jagmohan Lal, J, D. N. Jha, J
Abdul Hameed – Appellant
Versus
Mohd. Ishaq – Respondent
| Table of Content |
|---|
| 1. definition of landlord-tenant rights under statutory orders. (Para 1 , 2) |
| 2. validity of tenancy agreements in contravention of statutory orders. (Para 3 , 4 , 5 , 6) |
| 3. lawful objects of agreement under the contract act. (Para 9 , 10 , 11 , 12 , 13) |
| 4. effect of statutory orders on tenancy agreements. (Para 14 , 15 , 16 , 17 , 20) |
| 5. comparison of statutory orders to legal interpretations. (Para 18 , 19 , 21 , 22) |
| 6. historical context and interpretation of case law. (Para 24 , 25 , 26 , 27) |
| 7. procedural provisions in tenant eviction cases. (Para 28 , 29 , 30 , 31 , 32) |
| 8. statutory limitations on private contracts. (Para 33 , 34 , 35 , 36) |
| 9. comparison between statutory provisions and private agreements. (Para 37 , 38 , 39 , 40) |
1. The learned Single Judge hearing the Second Appeal was of opinion that the Full Bench decision of this Court in Udhoo Dass v. Prem Prakash , 1963 All LJ 406 : (AIR 1964 All 1) (FB) requires reconsideration and, therefore, referred the following question for consideration by a larger Bench : -
"Whether a person to whom an accommodation governed by the U. P. (Temporary) Control of Rent and Eviction Act, 1947, has been let out by a landlord in
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