GIRJA SHANKAR TIWARI AND ANR. vs HIRDAY RANJAN CHAKRABORTY AND ANR.

The Supreme Court held that under Section 12 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, a deemed vacancy arises when a tenant's premises are occupied by a person who is not a member of the tenant's family, even if the tenant's employee occupies the premises with the landlord's knowledge but without consent. The Court affirmed the Rent Controller's decision that the premises were deemed vacant despite being occupied by the employee, as the original tenant, the Aushadhalaya, had ceased to exist. The High Court's ruling was set aside, confirming the deemed vacancy status of the premises.