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1976 Supreme(All) 277
Allahbad High Court
P.N.BAKSHI
Parmeshwari Devi - Appellant
Versus
The Second Addl. District Judge, Meerut - Respondent
Decided On : 08/23/1976
R.P. Goyal, for Petitioner; A.D. Prabhakar, Baldev Raj and Standing Counsel, for Respondents.
A step son and a step grandson would be considered as a male lineal descendant, as much as the son and grandson of the landlady.
Headnote:
UP URBAN BUILDINGS (REGULATION OF LETTING, RENT AND EVICTION) ACT, 1972 - SECTION 3(G) - DEFINITION OF FAMILY - STEP SON AND STEP GRANDSON - WHETHER COVERED BY THE EXPRESSION 'MALE LINEAL DESCENDANTS' - HELD, YES.
Fact of the Case:
The petitioner, Smt. Parmeshwari Devi, sought permission to file a suit for ejectment of respondent No. 3 from the premises in question under Section 3 of the Rent Control and Eviction Act, 1947. The application was contested by Miss Sheela Bhatia respondent No. 3 on the ground inter alia that the need of the landlord was not genuine. The Prescribed Authority rejected the application of the landlady (petitioner) vide his order dated 23-10-1973. Aggrieved thereby, an appeal was filed before the Additional District Judge, Meerut which was also dismissed on 10-1-1975; hence this petition.
Finding of the Court:
The court held that the second wife of Dilawar Singh and her children would be covered by the definition of the word "Family" as laid down in Section 3 (g) of the said Act. The court also held that a step son and a step grandson would be considered as a male lineal descendant, as much as the son and grandson of the landlady.
Issues: Whether the second wife of Dilawar Singh and her children would be covered by the definition of the word "Family" as laid down in Section 3 (g) of the said Act.
Ratio Decidendi: The court held that Smt Saraswati Devi is the second wife of Dilawar Singh. It is not disputed that she has not been legally wedded to him. We have therefore, to accept that both Parmeshwari Devi and Smt. Saraswati Devi are the legal wedded wives of the deceased Dilawar Singh. Being the legal wedded wife, Smt. Saraswati Devi would certainly have a legal right of residence in the premises which admittedly belonged to her deceased husband Dilawar Singh. Even if she is messing separately from Smt. Parmeshwari Devi, her legal right of residence in the property left by her deceased husband would not be lost. In other words, she would also acquire the status of a landlord of the Kothi which includes the entire accommodation in question. In this view of the matter her sons, and grandsons who are living in the three Kothris would be covered by the expression 'male lineal descendants' as laid down in Section 3 (g) (ii) of the Act.
Final Decision: The court allowed the writ petition, set aside the impugned order of the District Judge, Meerut dated 10-1-1975 and remanded the case back to him for a decision in accordance with law in the light of the observations made by the court.
2. An application was filed under Section 3 of the Rent Control and Eviction Act, 1947 for permission to file a suit for ejectment of respondent No. 3 from the premises in question. After the coming into force of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, the said application was allowed to be converted into one under Section 21 of the new Act 13 of 1972 vide Annexure- 8' filed along with the writ petition.
3. The application was contested by Miss Sheela Bhatia respondent No. 3 on the ground inter alia that the need of the landlord was not genuine. The contesting respondent resided in the premises along with her father and two brothers.
One of whom was disabled. That she has no other accommodation wherein she could live, and that the accommodation in the possession of the petitioner was sufficient for her needs.
4. The Prescribed Authority rejected the application of the landlady (petitioner) vide his order dated 23-10-1973. Aggrieved thereby, an appeal was filed before the Additional District Judge, Meerut which was also dismissed on 10-1-1975; hence this petition.
5. I have heard counsel for the parties at considerable length and have also perused the documents on record. One of the main questions which has been considered by the District Judge is whether the eleven persons residing with the applicant belong to her "family". Section 21 of the Act XIII of 1972 authorises a landlord or landlady to apply for release of accommodation in the occupation of a tenant on the ground that the building is bona fide required either in its existing form or after demolition and new construction by the landlord/landlady for occupation by herself or any member of her family.
6. According to the admitted case of the parties, the petitioner was the wife of Dilawar Singh. Her husband Dilawar Singh had a second wife Smt. Saraswati Devi. Rajendra Kumar Gautam is the son of Dilawar
