Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent and Eviction) Act UP. Urban Buildings (Regulation of Letting |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Uttar Pradesh Urban Buildings (regulation of Letting, Rent and Eviction) Act, 1972 (13 of 1972) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | UP. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972: Sections 3(j), 12 and 30: Tenant inducted by one of the co-owners-The other residing elsewhere-Authority of such person who inducted the tenant-Whether could be questioned in an eviction suit on the ground of non-joinder of party-finding of fact recorded by trial court-Confirmed by High Court-Whether could be reopened in appeal. The first appellant and her sister succeeded to the suit premises on the death of their father, Respondent No. 2 was the tenant in the premises. The first appellant who was managing the property on her behalf as also on behalf of her sister, who was residing elsewhere, instituted a suit for eviction of Respondent No.2 on the ground of non-payment of rent. She did not join her sister as co-plaintiff. The defendant-Respondent No.2 took the plea that his wife was the tenant and that she had already deposited the rent under Section 30 of the U.P, Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972, The trial court rejected the defence and decreed the suit. On an appeal by the defendants, the High Court reversed the decree and dismissed the suit for non-joinder of the plaintiff's sister. The present appeal, by special leave, is against the High Court's order. The appellant contended that the expression 'land-lord' in Section 3(j) of the Act was not limited to denote the owner of the house, but should be understood in a wider sense to include a person to whom rent is payable, as also, the agent of such a person, such as the plaintiff-appellant in the instant case. |
Judge | Honble Mr. Justice L.M. Sharma |
Neutral Citation | 1992 INSC 26 |
Petitioner | Vasudha Srivastava And Ors. |
Respondent | Smt. Kamla Chauhan And Anr. |
SCR | [1992] 1 S.C.R. 356 |
Judgement Date | 1992-01-24 |
Case Number | 243 |
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