SMT. RANI DEVI versus BHOLE NATH AND ORS

SMT. RANI DEVI versus BHOLE NATH AND ORS

Married daughters, though heirs and tenants under Section 3(a)(2) of the Act, had surrendered tenancy rights and showed no interest. Their non-impleadment does not vitiate proceedings. The landlady is entitled to maintain ejectment action against the sons and widow of deceased tenant.

Parties
Appellant: Smt. Rani Devi; Respondents: Bhole Nath and Others
Jurisdiction
India
Judgment Date
22 October 1991
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Eviction, Tenancy, Necessary Party, Succession
Property Law Eviction Tenancy Necessary Party Succession

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Parties

Smt. Rani Devi

Appellant

Bhole Nath and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether married daughters of original tenant are necessary parties to eviction proceedings under U.P. Urban Building (Regulation of letting, rent and eviction) Act, 1972
  2. 2 Whether non-impleadment of married daughters vitiates proceedings and disentitles landlady to maintain ejectment action

Ratio Decidendi

Married daughters, though heirs and tenants under Section 3(a)(2) of the Act, had surrendered tenancy rights and showed no interest. Their non-impleadment does not vitiate proceedings. The landlady is entitled to maintain ejectment action against the sons and widow of deceased tenant.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Order of Prescribed Authority and Tribunal restored