LexMOHD. AZEEM versus DISTRICT JUDGE, ALIGARH AND ORS.
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A B c D E F G H 906 MOHD. AZEEM v. DISTRICT JUDGE, ALIGARH AND ORS. April 23, 1985 [D. A. DESAI AND RANGANATH MISRA, JJ.] Uttor Pradesh Urban Bulidings (Regulation Letting, Rent and Eviction) Act 1912, section 12 (3) read with section 3 (a) and 3 (g)-lnterpretation of the phrase u;/ the tenant or any member of his family .. occurring therein-Deemed ces- sation of the tenancy and Deemed vacancy of the tenanted premises, when occurs, explained-Right to occupy the tenanted premises by the heirs uuder section 12, . clarified. Under section 12 (3) of the littar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction Act, 1972. "in the case of a residential building, if the tenant or any member of his family builds or otherwise acquires in a vacant state, or gets vacated residential building in the same city, municipality, notified area or town area in which the building under tenancy is situate, he shall be dee- med to have ceased to occupy the building under his tenancy: ... ". 'Tenant' ac- cording to the definition in clause (a)of section of3 the Act in relation to a build- ing means: 'a person by whom its rent is payable, and on the tenants' death (1) in the case of a residential building, such only of his heirs as normally resided with him in the building at the time of his death,' (2) in the case of a non-residential building, his heirs.' Under clause (g)of section 3 Or the Act, 'Family' in relation to a land lord or tenant of a building means: ''his or her-(i) sp (ii) male lineal descendants; (iii) such parents, grand parents and any unmarried or widowed or divorced or judicially separated daughter or daughter of a malelineal •descendant, as may have been normally residing with him or her, in and includes in relation to a land1ord, any family having a leg~! right of residence in that building." One Manzoor Hussain a tenant of the suit premises localed at Aligarh died in 1969, leaving behind a widow and three sons-Mohd. Azeem (the appel- lant), Mohd. Nairn, Mohd. Nadeem-and a daughter Nauzhat, who continued to live in the tenanted premises on payment of rent by the appellant. The Rent Control Inspector submitted a report on June 22. 1983 that Nairn, appellants' brother, had built a house in 1978 or 1979 and, therefor:, the tenancy must be deemed to have terminated in view of the provisions contained in section 12 of the Act. The prescribed Authority ordered the eviction in spite of the contest that under section 12 the right to occupy by other heirs continued. The revi- sion before the District Judge failed and the writ petition filed in the lligh Court of Allahabad was dismissed in /ilnine, in view of the Full Bench decision of that High Court in the case of Smt. Rama Devi Shakya and Anr. v. The -~ / ' MOHD •. AZEEM v. biSTRfCT JUDGE Po1 Additional District Judge, Lucknow & Anr., 1981 Allahabad Rent Cases 305. Hence the appeal by special leave of the Court. AJlowing the petition, the Court, HELD: 1.1 When the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 defines "tenant" and "family" reference to personal Jaw is irrelevant and the concept of joint tenancy is foreign, There- fore, when one· of the members of the family built a house or moved into a vacant premises (other than the tenanted premises in occupation) it cannot be said that there was a deemed cessation of the tenancy and a deemed vacancy occurred of the tenanted premises. 1.2 It is true that the legislative purpose behind section 12 appears to be in keeping with the scheme of the Act-making available as much accommoda- tion as possible for allotment ·to needy persons.· That being the purpose, the leg- is1ature could not have intended to render persons rehab~litated in tenanted pre- mises homeless. J .3 As the definition Of "tenant" in clause (a) of section 3 indicates, on a tenants' death his heirs as normally resided with him would also be tenants A B c qua residential buildings. The definition does not warrant the view that all the D heirs will become a body of tenants to give rise to the concept of joint tenancy. 'Each heir satisfying the further qualification in section 3 (a) (1) of the Act in his o .... n right becomes a tenant and coming the section 12 (3) of the Act, the words "the tenant or any member of his family" will refer to the heir who has become a tenant under the statutory definition and members of his family. If everyooe,s
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