Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | UP Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 - ss. J(g), 3(a), 2lf!)(a) - Eviction Petition - Father-in- law took suit premises on rent and after his death, the son became tenant of the suit property - Upon his death, the wife became the tenant of the suit property - Upon his death, brother of the deceased lady tenant, if included in the definition of 'heir' u/s. 3(a) - Held: Upon lady tenant's death, in terms of s. 5(2)(b), in the absence of any son or daughter of deceased wife, tenancy would devolve upon the heirs of her husband - Since appellant-brother of the deceased lady tenant does not fall under the category of 'heir' of the husband, tenancy of the suit property would not devolve on him nor can he be called as an 'heir ' u/s. 3(a) -Appellant being brother of deceased lady tenant cannot be held to be the 'family' as the inclusive list given under the Act clearly omits "brother and sister" - Thus, appellant is neither an 'heir' as visualized u/s.3(a) nor 'family 'within the meaning of s.3(g) - Merely because appellant was substituted in the place of deceased lady tenant, appellant cannot become a 'heir' who normally resided with the tenant - Appellant is in unauthorized occupation of the suit premises and is liable to be evicted - Appellant directed to hand over the vacant possession of the suit premises to the respondent-landlord within the stipulated period - Hindu Succession Act, 1956 |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 116 |
Petitioner | Durga Prasad |
Respondent | Narayan Ramchandaani (d) Thr. Lrs. |
SCR | [2017] 1 S.C.R. 745 |
Judgement Date | 2017-02-07 |
Case Number | 1305-1306 |
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