Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 12(4) 20(2)(e) and 25 U.P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act 1972-Sections 3 (g). 12(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U.P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act,1972-Sections 3 (g). 12(2), 12(4), 20(2)(e) and 25-Explanation (i)-Deemed vacancy-Non-residential premises-Death of original tenant-Tenancy rights devolve on heirs of deceased tenant jointly-Admission of son-in-law of one of the heirs as a partner in business carried out in tenanted premises-Tenant deemed to have ceased to occupy the building-Deemed vacancy of premises-Deemed sub-letting-Eviction u/s 20(2)(e). Interpretation of Statutes-Legal fiction-Deeming statute-Court to examine and ascertain the purpose and persons where fiction to be resorted to-Full effect to be given-Must be carried to its logical conclusion. A shop was let out to late S by the grandfather of the appellant. He started a business in the premises. He died in 1941 leaving behind five sons. In family partition amongst the sons, the shop in dispute fell to the share of three sons. The other two sons ceased to have any interest in the shop. In 1976, a new partnership firm was constituted with the son-in-law of one of the sons for carrying a textile business in the suit premises. The appellant filed suit for eviction of the respondent tenants on the ground that there was a sub-letting of the premises by induction of the son-in-law as a partner in the business.The Rent Controller and Eviction Officer held that there was deemed vacancy in respect of the said premises and he directed that the said vacancy be notified. A Writ Application was filed on behalf of the tenants which was dismissed as not maintainable. The tenants filed a Special Leave Petition before this Court which was allowed and the High Court was directed to rehear the Writ Petition on merits. The Writ. Petition was ultimately allowed by the High Court on the finding that after the death "'of the original tenant, his sons became tenants in common and not joint tenant and for the contravention made by one of the sons of the original tenant by inducting his son-in-law as a partner of the firm, it shall not result into deemed vacancy of the whole premises under the provision of the U.P. Urban Buildings (Regulation of Letting, Rent an Eviction) Act, 1972. The High Court (}Dashed the orders passed by the Rent Controller declaring a vacancy u/s 12(2) r/ws 12(4) of the Act.The controversy between the parties was :(i) as to whether in the facts and circumstances of the case, there shall be a deemed vacancy because of sub-sections (2) and (4) of Section 12;(ii) whether because of explanation (i) of Section 25, it amounts to sub-letting within the meaning of Section 20(2)(e);(iii) even if it was held that because of the induction of the son-in-law as a partner in the firm which amounted to a sub-letting within the meaning of section 25 of the Act, whether the whole premises shall be deemed to be vacant.According to the respondent tenants, before it could be held that the induction of the son-in-law amounted to sub-letting of the premises, a finding had to be recorded that the object of his induction as a partner was to actually and factually sub-let the premises to him. The respondents urged that the expression 'deemed' occurring in sub-sections (2) and (4) of section 12 as well as in explanation (i) of Section 25 should not be read as conclusive. It should be read as 'deemed until the contrary was proved. They alleged that if such strict interpretation was given to sub-section (2) of Section 12, then similar interpretation should be given to Section 12(1)(b) and Section 12(3) of the Act. It was also submitted that although the son-in-law might not be held to be a member of the family within the meaning of the definition given in Section 3(g) he shall be deemed to be a member of the family as the expression was generally understood, and by admitting a son-in-law or daughter-in-law as a partner, it shall not amount to sub-letting within the meaning of the Act. |
Judge | Hon'ble Mr. Justice N.P. Singh |
Neutral Citation | 1995 INSC 7 |
Petitioner | Shri Harish Tandon |
Respondent | The Addl. District Magistrate, Allahabad, U.p. And Ors. |
SCR | [1995] 1 S.C.R. 56 |
Judgement Date | 1995-01-05 |
Case Number | 574 |
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