AIR 1984 SUPREME COURT 1880 ::1985 ALL. L. J. 179 ::1985 SCFBRC 33 ::1985 UJ(SC) 33 ::1985 All CJ 37 ::(1985) 2 RentLR 363 ::(1985) 1 RentLR 52

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): E. S. Venkataramiah, R. B. Misra , JJ

(A) Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act (13 of 1972) , S.14— (before and after its amendment by U. P. Act No. 28 of 1976) - Application by landlord under S. 14 read with S. 16, on death of tenant who had no male issue, for declaration that shop was vacant - Application resisted by nephew of deceased tenant on ground that he was heir of the original tenant and was in occupation of the shop - Original tenant alive on commencement of Act - Benefit of S. 14 before its amendment in 1976 not available to heir - Revision petition by landlord challenging claim of tenancy by heir, pending when U. P. Act No. 28 of 1976 came into force - Benefit of amended S. 14 also not available. Where the landlord, filed an application under S. 12 read with S. 16 for a declaration that the shop was vacant and he required the same for his personal need, against the tenant who died on 31-8-74 and had no male issue which was resisted by the nephew of the tenant on the ground that he was the heir of the deceased tenant and was in occupation of the disputed shop and that on 4th of July 1973 the tenant before his death executed a Will conveying all his rights and properties including the tenancy rights in the disputed shop to him, that he had been helping the tenant in his business for the last several years and remained in continuous possession of....