HARISH TANDON vs ADDL. DISTRICT MAGISTRATE

The Supreme Court held that under Section 12(2) and Section 12(4) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, the admission of a son-in-law as a partner in a business constitutes a deemed vacancy and amounts to sub-letting under Section 25, explanation (i), which is grounds for eviction under Section 20(2)(e). The Court clarified that tenancy rights devolve jointly on the heirs of a deceased tenant, and a son-in-law does not qualify as a family member under Section 3(g) of the Act. The previous ruling in Mohd. Azeem v. District Judge was overruled, establishing that the deeming provision in Section 12 does not allow for investigation into the actual sub-letting circumstances.