(1.) THE question is whether a part of a building let out to a tenant and used by him as a garage for keeping his car is an accommodation within the meaning of clause (a) of Sec tion 2 of the U. P. (Temporary) Control of Rent & Eviction Act, 1947 (to be re ferred hereinafter as the Act). The mat ter was referred to a Full Bench because in the opinion of the learned Single Judge the decision in an unreported case H K, Dhaon v. State of U. P., Civil Misc Appln. No. 96 of 1955 (O. J.), D.00 2-4-1958 (All.) requires reconsideration. The term 'accommodation' has been defined in Section 2 (a) of the Act as below:-
(2.) THE definition is not happily worded since it uses the same word 'ac commodation' in denning that very ex pression. However, the import of the main clause of this definition is clear. It means that 'accommodation' is a building or part of a building which provides a space or room for residential or non-resi dential purposes and includes those things also which are mentioned in sub-clauses (i) to (iii). The use of the word 'includes' further suggests that the ex pression 'accommodation' has been used in a comprehensive sense and the defini tion is not exhaustive. The main stress ol the definition is upon a building or part of a building which includes other things appurtenant to such building or part of a building or affixed thereto for the bene ficial enjoyment thereof or supplied b> the landlord for use in such building.
(3.) THE expression 'building' has not been defined in the Act and so it will have its ordinary Dictionary mean ing, in Webster's New International Dic tionary, Vol. I the meaning of 'building' is as below: