K. V. MUTHU versus ANGAMUTHU AMMAL
A foster son, if brought up and reared by the landlord as a son and is an heir under Mitakshara law and Hindu Succession Act, can be a 'member of family' under Section 2(6A) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The eviction application is maintainable for the bona fide requirement of the foster son.
- Parties
- Appellant: K.V. Muthu; Respondent: Angamuthu Ammal; Foster Son: Arunachala Bakthar
- Jurisdiction
- India
- Judgment Date
- 17 December 1996
- Procedural Posture
- Civil Appeal / Appeal From Division Bench Judgment of the Madras High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Eviction, Definition of Family, Foster Son Status, Bonafide Requirement, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
K.V. Muthu
Appellant
Angamuthu Ammal
Respondent
Arunachala Bakthar
Foster Son
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of the Madras High Court
Legal Issues
- 1 Whether a foster son is a 'member of family' of the landlord under Section 2(6A) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
- 2 Whether the application for eviction can be maintained for the need of the landlord's foster son
Ratio Decidendi
A foster son, if brought up and reared by the landlord as a son and is an heir under Mitakshara law and Hindu Succession Act, can be a 'member of family' under Section 2(6A) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The eviction application is maintainable for the bona fide requirement of the foster son.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
- Costs quantified at Rs. 15,000
Full Case Text
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