Any female having a legal right of residence in the building is entitled to seek eviction of the tenant for her need

Supreme Court

Supreme Court: In a matter relating to eviction of the tenant, the bench of J. Chelameswar and Abhay Manohar Sapre, JJ held that any female, if she is having a legal right of residence in the building, is entitled to seek eviction of the tenant from such building for her need.

In the case the landlady of a shop had asked the tenant to vacate the property on account that her daughter, who had a clinic adjacent to the concerned shop, wanted to expand her clinic as the area of the existing shop was inadequate to run a clinic. The Tenant, however, contended that the need of the appellant was not bona-fide as the appellant’s daughter was not a member of family as defined under Section 3(g) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 because she is a married daughter whereas Section 3(g)(iii) include only an “unmarried daughter”. The Allahabad High Court had overturned the ruling of the Prescribed Authority/Civil Judge and the first appellate court and had held that the daughter was not a family member under the Act.

The Court, rejected the said contention of the tenant and held that the inclusive part of the definition under Section 3(g) of the Act, which is enacted only for the benefit of “female” in relation to the landlord, adds one more category of person in addition to those specified in clauses (i) to (iii), namely, “any female having a legal right of residence in that building”. In other words, in order to claim the benefit of expression “family”, a female must have a “legal right of residence” in the building.

Considering the fact that appellant’s husband, the original owner of the property in question, died intestate and on his death, the appellant, two sons and four daughters inherited the estate left by Dr. Ahsan Ahmad, which included the building, the Court said that the appellant’s daughter was a family member under the Act and hence, the appellant’s need was bona-fide. [Gulshera Khanam v. Aftab Ahmad, 2016 SCC OnLine SC 1001, decided on 27.09.2016]

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