BASHIR AHMAD Vs. MST. NANHI JAN TAWAIF

JUDGEMENT

(1.) THIS appeal arises out of a suit instituted by the Appellant for ejectment of the Respondent from a portion of a house occupied by the latter in Chowk in the city of Lucknow. The Plaintiff alleged that the Defendant had committed wilful default in the payment of rent and that a valid notice had been given to her terminating the tenancy but she had not vacated the house. The Defendant disputed these allegations and also disputed the rent alleged. She further pleaded that the contract of tenancy was void because the Plaintiff had given the house to the Defendant for the immoral purpose of carrying on her business as a prostitute. Eventually the last objection was the only objection that was pressed. The trial Court found that the contract of tenancy was not illegal since the Plaintiff did not lease the house to the Defendant for the purpose of enabling her to carry on her business as a prostitute. It, therefore, decreed the suit for ejectment and for arrears of rent. There was an appeal.

(2.) THE lower appellate Court found that admittedly the Plaintiff knew that the Defendant was a 'tawaif' and that since he lived in the same locality he must be deemed to have knowledge that the Defendant was carrying on the profession of a prostitute as well as other professions that she might have as a dancer and a singer. It, held that the lease was against public policy under Section 23 of the Indian Contract Act and no suit can be based upon it. It, therefore, allowed the appeal and dismissed the suit.

(3.) THIS appeal is, therefore, allowed, the decree of the lower appellate court is set aside and the decree of the trial court is restored. The Appellant will get his costs from the Respondent.