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.