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Choga Lal Vs. Musammat Piari and anr. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtAllahabad
Decided On
Judge
Reported in1Ind.Cas.52
AppellantChoga Lal
RespondentMusammat Piari and anr.
Excerpt:
contract act (ix of 1872), section 23 - letting a house for carrying on prostitution therein--contract immoral or opposed to public policy--rent cannot be recovered. - - if the object of an agreement is immoral or opposed to public policy clearly the agreement cannot be enforced......unnecessary to determine whether the english law is applicable in this country, because we find that there is an express provision of the indian contract act under which a contract for such a purpose would be illegal. section 23 of that act provides that the consideration or object of an agreement is lawful unless, amongst other things, the court regards it as immoral or opposed to public policy. if the object of an agreement is immoral or opposed to public policy clearly the agreement cannot be enforced. it cannot be denied that knowingly letting a house to a prostitute with the object of her carrying on therein prostitution is immoral and contrary to public policy, and a landlord who knowingly so lets quarters to a prostitute to carry on prostitution cannot recover the rent in a court.....
Judgment:

1. This is a reference made by the learned Cantonment Magistrate of Jhansi exercising the powers of a Judge of the Court of Small Causes, under Section 617 of the Code of Civil Procedure. The question which he submits for the opinion of the Court is whether the English, law is operative in a suit to recover rent due for a residence or quarters rented to a prostitute, 'with knowledge that such residence or quarters would be used by her to carry on her immoral trade and profession. It seems to us unnecessary to determine whether the English law is applicable in this country, because we find that there is an express provision of the Indian Contract Act under which a contract for such a purpose would be illegal. Section 23 of that Act provides that the consideration or object of an agreement is lawful unless, amongst other things, the court regards it as immoral or opposed to public policy. If the object of an agreement is immoral or opposed to public policy clearly the agreement cannot be enforced. It cannot be denied that knowingly letting a house to a prostitute with the object of her carrying on therein prostitution is immoral and contrary to public policy, and a landlord who knowingly so lets quarters to a prostitute to carry on prostitution cannot recover the rent in a court of law. This is the answer which we give to the reference.


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