TMI Blog1996 (9) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... ch the said question has emerged, is given below: A building situated at Meerut City owned by the contesting respondents' father [Sana Ullah] was let out to one Deep Chand Gupta for a period of 5 years. On the expiry of lease period i.e. 3.8.1974, Deep Chand Gupta surrendered vacant possession of the building to the landlord. On 20.8 1974, the present appellant moved an application before the District Magistrate [who is the competent authority for passing allotment order under the Act] for allotment of the said premises to him. Sana Ullah filed his objections on 3. 9.1974, in which he contended, inter alia, that the structure was not a building inasmuch as it had no roof then. The District Magistrate found that the structure was st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of allotment made in favour of respondent 4 was liable to be set aside. Writ petition was hence allowed and the allotment order was quashed. The said judgment of the Allahabad High Court is now being challenged in this appeal by special leave. Before we proceed to consider the question set out earlier we may observe that learned counsel for the respondents assailed the concurrent finding of fact that roof of the building was pulled down by the landlord. But we made it clear that in view of the clear finding made by the District Magistrate and the learned District Judge on that issue and in view of the fact that High Court declined to disturb that finding, we would not go into that aspect in this appeal. Building is defined in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the heading Regulation of Letting . Section 11 prohibits the letting of any vacant building except in pursuance of an allotment order issued under Section 16. Section 12 enumerates cases in which there would be deemed vacancy of building. Section 13 declares that if any person occupies a building which fell vacant otherwise than under an order of allotment he would be deemed to be an cunauthorised occupant of the building. Section 15 casts an obligation on the landlord as well as the tenant to give notice of vacancy of the building to the District Magistrate. (Landlord has to give such notice within 7 days of the occurrence of such vacancy, whereas the tenant has to gives the notice within 15 days prior to the date of vacancy. Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ariations are necessary to achieve the object of the enactment. Outside the definition in Section 3 of the Act the word building need not necessarily be a roofed structure for even roofless structures are, sometimes, used as buildings in certain circumstances. Stroud's Judicial Dictionary (Vol.I of the 5th edn.) states that. what is a building must always be a question of degree and circumstances . Quoting from Victoria City V. Bishopo of Vancouver Island (1921 AC 384, at p. 390). the celebrated lexicographer commented that the ordinary and natural meaning of the word building includes the fabric and the ground on which it stands . in black's Law dictionary (5th Edn) the meaning of the building is given as a structure or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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