SHRI HARISH TANDON versus THE ADDL. DISTRICT MAGISTRATE, ALLAHABAD, U.P. AND ORS.

SHRI HARISH TANDON versus THE ADDL. DISTRICT MAGISTRATE, ALLAHABAD, U.P. AND ORS.

Admission of a person who is not a member of the family (son-in-law) as a partner in business in non-residential premises amounts to deemed vacancy under Section 12(2), (4) and sub-letting under Section 25 (Explanation i), resulting in liability to eviction under Section 20(2)(e). Tenancy devolves jointly to heirs; breach by any joint tenant affects all.

Parties
Appellant: Shri Harish Tandon; Respondents: The Addl. District Magistrate, Allahabad, U.P. and Ors.
Jurisdiction
India
Judgment Date
05 January 1995
Procedural Posture
Civil Appeal / Appeal Against Writ Petition Decision
Outcome
appeal allowed
Legal Topics
Sub Letting, Deemed Vacancy, Tenancy Succession, Non Residential Premises, Statutory Interpretation
Tenancy Property Law Sub Letting Deemed Vacancy Tenancy Succession Non Residential Premises Statutory Interpretation

Case Brief

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Parties

Shri Harish Tandon

Appellant

The Addl. District Magistrate, Allahabad, U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Writ Petition Decision

Legal Issues

  1. 1 Whether admission of son-in-law as partner constitutes deemed vacancy under Section 12(2), (4) and sub-letting under Section 25 of U.P. Urban Buildings Act
  2. 2 Whether the heirs of a deceased tenant succeed as joint tenants or tenants in common
  3. 3 Whether the entire premises become deemed vacant upon violation by one heir

Ratio Decidendi

Admission of a person who is not a member of the family (son-in-law) as a partner in business in non-residential premises amounts to deemed vacancy under Section 12(2), (4) and sub-letting under Section 25 (Explanation i), resulting in liability to eviction under Section 20(2)(e). Tenancy devolves jointly to heirs; breach by any joint tenant affects all.

Court Disposition

appeal allowed

Orders

  • High Court's judgment allowing writ petition is set aside
  • Orders of Rent Controller and Eviction Officer declaring vacancy restored