NIRBHAI KUMAR Vs. MAYA DEVI

JUDGEMENT

(1.) Noticing that there were two conflicting decisions of this Court in Martin & Harris Ltd. v. VIth Additional District Judge and OTHERS, AIR 1998 SC 492 and Anwar Hasan Khan v. Mohd. Shafi and OTHERS, AIR 2001 SC 2984 , reference was made to larger Bench.

(2.) The case decided by two Hon'ble Judges of this Court in both the cases related to the scope of and ambit of proviso to Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, rent and Eviction) Act, 1972 (in short the 'Act'). As directed by the Hon'ble The Chief Justice of India, the matter has been placed before us.

(3.) In Martin and Harris Limited's case (supra) it was held in para 13 as follows: