Void tenancy under rent control order permits eviction of unauthorised occupier and allottee's possession under Section 7-A.

A private tenancy created in breach of a general letting prohibition under the U.P. (Temporary) Control of Rent and Eviction Act, 1947 is void, because the general order has the force of law and an agreement made in violation of it is forbidden by law under Section 23 of the Contract Act, 1872. Occupation under such an unlawful arrangement can be ignored in law, so the accommodation remains vacant for allotment purposes. The District Magistrate may therefore invoke Section 7-A to evict the unauthorised occupier and place the allottee in possession, even if the allotment order was passed after the unauthorised letting.

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Issues: Whether a private tenancy created in contravention of a general order issued under Section 7(2) of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 is void and, if so, whether the person put in possession under such arrangement can be proceeded against under Section 7-A at the instance of an allottee whose allotment order was passed later.

Analysis: The Act requires the landlord and the outgoing tenant to notify vacancy under Section 7(1), and Section 7(2) empowers the District Magistrate to issue general or special orders controlling letting. Where a general order exists prohibiting letting without permission, a private letting in breach of that order is not a lawful exercise of ordinary contractual freedom. Such a statutory order has the force of law for the purposes of Section 23 of the Contract Act, 1872, and an agreement made in violation of it is an agreement forbidden by law and one that would defeat the provisions of the Act. The occupation under such an unlawful arrangement may be ignored in law, so the accommodation remains vacant for the purposes of allotment and the District Magistrate can act under Section 7-A to evict the unauthorised occupier and place the allottee in possession. The contrary view that the private tenancy is valid and that Section 7-A cannot be invoked even where a general order existed was rejected.

Conclusion: The private tenancy created in breach of the general order is void, and the occupier is liable to proceedings under Section 7-A at the instance of the allottee, even if the allotment order was made after the unauthorised letting.

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