(2016) 7 MLJ 355 (SC)<\/p>\n\n\n\n
Gulshera Khanam vs. Aftab Ahmad<\/p>\n\n\n\n
Date of Judgment :
27.09.2016<\/p>\n\n\n\n
\ud83d\udcccTenancy Laws \u2013 Bona Fide Requirement \u2013 Family \u2013 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act 1972), Sections 3(g), 21 and 21(1)(a) \u2013 Constitution of India (Constitution), Article 227 \u2013 Appellant\/landlady filed application under Section 21(1)(a) of Act 1972 seeking release of shop in her favour for her bona fide requirement and genuine need in comparison to need of Respondent\/tenant \u2013 Authority ordered eviction \u2013 Appeal against order dismissed \u2013 On Petition filed by Respondent, High Court set aside order of courts below and held that Appellant\u2019s daughter is not member of family as defined under Section 3(g) of Act 1972 and Appellant\u2019s need is not bona fide \u2013 Special Leave Appeal \u2013 Whether finding that Appellant\u2019s married daughter does not fall within meaning of word \u201cfamily\u201d as defined under Section 3(g) of Act 1972 and, therefore, her need cannot be considered under Section 21 of the Act for granting eviction of tenant is proper \u2013 Whether High Court was justified in reversing concurrent findings of two courts below and justified in dismissing Appellant\u2019s eviction petition filed against Respondent under Section 21 of Act 1972 \u2013 Held, Appellant\u2019s daughter received her share and became co-owner of building along with other co-sharers and thus got legal right of residence in building \u2013 Appellant\u2019s daughter fulfilled definition of \u201cfamily\u201d under Section 3(g) of Act 1972 \u2013 Appellant entitled to claim eviction of Respondent from building in question for need of her daughter \u2013 Bona fide need of Appellant\u2019s daughter to expand activities of running the clinic was rightly held by Prescribed Authority and first appellate Court in Appellant\u2019s favour \u2013 Settled principle that in rent matters, landlord is sole judge to decide as to how much space is needed for him\/her to start or expand any of his\/her activity was overlooked by High Court while deciding issue of need \u2013 High Court should have also seen that two courts below have recorded finding that Respondent was having his own shops in same area where he could shift his existing business activity without suffering any comparative hardship \u2013 Court unable to agree with reasoning and conclusion arrived at by High Court \u2013 Appeal allowed with costs.<\/p>\n","protected":false},"excerpt":{"rendered":"
(2016) 7 MLJ 355 (SC) Gulshera Khanam vs. Aftab Ahmad Date of Judgment :27.09.2016 📌Tenancy Laws – Bona Fide Requirement – Family – Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act 1972), Sections 3(g), 21 and 21(1)(a) – Constitution of India (Constitution), Article 227 – Appellant\/landlady filed application under Section […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3881","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\n