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april 1985

Supreme Court of India · 1985-04-23

MOHD. AZEEM vs DlSTRlCT JUDGE, AND ORS.

Citation / case number
SC 1985/66989
Court
Supreme Court of India
Petitioner
MOHD. AZEEM
Respondent
DlSTRlCT JUDGE, AND ORS.
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court interpreted Section 12(3) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, clarifying that the death of a tenant does not automatically lead to the cessation of tenancy if other family members continue to reside in the premises. The Court held that the definition of 'tenant' and 'family' in the Act does not consider personal law or joint tenancy, thus ruling that a family member acquiring another residence does not imply a deemed vacancy of the tenanted premises. The appeal was allowed, overturning the lower court's eviction order.

MOHD. AZEEM vs DlSTRlCT JUDGE, AND ORS. · Niyam