Radhakrishnan, J.

Can there be a degree of comparison between mother and brother while claiming dependency of a member of the family under section 11 (3) of Act 2 of 1965, is the question that has come up for consideration in this case.

2. Landlord’s elder brother contended that his younger brother is dependent on him so far as the tenanted premises is concerned to start a business in electrical equipments, while the tenant took up the stand that even if younger brother is a dependent he could be dependent only on the mother and not with the elder brother since mother is also having a building of her own. Rent Control Court took the view that since younger brother and the landlord are residing with the mother, it should be taken that younger brother is dependent on the mother and not on the brother. Further it was held that brother of the petitioner cannot be considered as dependent on the landlord who is elder brother and that husband, wife and children can only be considered as member of the family unless it is a joint family. Since family of the landlord is not a joint family, Rent Control Court took the view that younger brother is not dependent on the elder brother.