GANESH TRIVEDI versus SUNDAR DEVI AND ORS.

GANESH TRIVEDI versus SUNDAR DEVI AND ORS.

On the death of the original tenant, tenancy rights devolved on his brother, as sole heir residing in the premises, making him a 'tenant' under Section 3(a) of the Act. Status as tenant, acknowledged by the previous landlord and evidenced in sale deed, cannot be disputed by the subsequent purchaser-landlord. Thus, premises cannot be declared 'deemed vacant', and the High Court's decision to set aside the Rent Controller's order was correct.

Parties
Appellant: Ganesh Trivedi; Respondent: Sundar Devi; Respondent: Vikas Shukla; Respondent: Syed Ali Ahmad; Respondent: Syed Tannweer Ahmed; Respondent: A. Rab; Respondent: R.D. Upadhyay
Jurisdiction
India
Judgment Date
11 January 2002
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Order
Outcome
Appeals dismissed
Legal Topics
Heritability of Tenancy, Deemed Vacancy, Definition of Tenant, Definition of Family
Tenancy Property Law Heritability of Tenancy Deemed Vacancy Definition of Tenant Definition of Family

Case Brief

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Parties

Ganesh Trivedi

Appellant

Sundar Devi

Respondent

Vikas Shukla

Respondent

Syed Ali Ahmad

Respondent

Syed Tannweer Ahmed

Respondent

A. Rab

Respondent

R.D. Upadhyay

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Order

Legal Issues

  1. 1 Whether the brother of the deceased tenant, residing with him at the time of death, is entitled to tenancy rights under UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
  2. 2 Whether the premises can be declared 'deemed vacant' after the death of the tenant

Ratio Decidendi

On the death of the original tenant, tenancy rights devolved on his brother, as sole heir residing in the premises, making him a 'tenant' under Section 3(a) of the Act. Status as tenant, acknowledged by the previous landlord and evidenced in sale deed, cannot be disputed by the subsequent purchaser-landlord. Thus, premises cannot be declared 'deemed vacant', and the High Court's decision to set aside the Rent Controller's order was correct.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs