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A landlord lets a room to a tenant knowing and intending that it will be used as a brothel. The tenant falls behind with the rent, and the landlord sues for the arrears. What is the position under…

Question and options

A landlord lets a room to a tenant knowing and intending that it will be used as a brothel. The tenant falls behind with the rent, and the landlord sues for the arrears. What is the position under the Indian Contract Act, 1872?

  1. The letting is void if the landlord shares in the brothel's earnings, not otherwise

  2. The letting is valid, as the unlawful use is the tenant's, not his

  3. The letting is void, but the landlord may recover the rent under section 65

  4. The letting is void, and the landlord cannot recover the rent

Answer and explanation

Correct answer: D - The letting is void, and the landlord cannot recover the rent

Section 3(2) of the Immoral Traffic (Prevention) Act, 1956 makes it an offence for a landlord to let premises knowing they are to be used as a brothel, so the object of this letting is forbidden by law and the agreement is void under section 23 of the Indian Contract Act, 1872. The landlord's knowledge makes the use part of the bargain, and no share in the earnings is needed. Section 65 gives no relief where both parties knew of the illegality from the outset.

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