ABDUL HAMEED Vs. MOHD ISHAQ

JUDGEMENT

(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 :-

(2.) WHEN the District Magistrate took proceedings under Section 7-A of the Act for the eviction of the appellant and for putting the allottee in possession, the appellant instituted the present suit against the allottee Mohd. Ishaq for injunction to restrain him from dispossessing the appellant from the shop. The suit was dismissed by both the courts below and while hearing the second appeal the learned Single Judge made the above reference to a larger Bench.

(3.) THE points that arise for consideration are whether any private agreement of tenancy between the landlord and the appellant in contravention of the general order passed by the District Magistrate under Section 7 (2) of the Act is or is not legal so as to confer rights on him, and whether the occupation of the accommodation by the appellant in pursuance of the agreement of tenancy is, in the eye of law, legal in the sense that the accommodation cannot be deemed to be vacant in respect of which a special order under Section 7 (2) of the Act can be passed by the District Magistrate. Another question for consideration shall be whether for enforcement of the special order under Section 7 (2) of the Act, can action be taken by the District Magistrate under Section 7-A of the Act for the dispossession of the appellant and to put the allottee, namely, Mohd. Ishaq, in possession thereof ?