Case at a Glance
The Supreme Court has held that a nephew is not a member of the “family” under Section 3(g) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, even if the tenant raised him from childhood. A tenant who took his nephew into partnership in a Varanasi shop had therefore sub-let it, and the Court ordered eviction from that shop.
The landlords let two shops, Shop A and Shop B, to the first respondent. In 1990 he entered into a partnership concerning Shop B with his nephew, the second respondent. The landlords sued for ejectment on grounds of sub-letting and default in rent.
The tenant admitted the partnership. The Small Cause Court, Varanasi dismissed the suit in 1998, the revisional court in 2003 and the Allahabad High Court in 2012, mainly because the nephew had been brought up by the tenant since childhood and was treated as a family member.
The Key Question Before the Court
Does taking a nephew into partnership in a tenanted shop amount to sub-letting under the UP Rent Act?
Reading the Statutory Definition as Written
Section 3(g) defines “family” to include the spouse, male lineal descendants, certain parents, grandparents and daughters, and, for a landlord, a female with a legal right of residence. The Court held that a nephew is not included and that reading him in would expand the definition beyond what the Legislature listed.
The respondents relied on K.V. Muthu v. Angamuthu Ammal, where a foster son was treated as family. The Court distinguished it as turning on special facts, including a Will giving the foster son a life estate; here there was nothing beyond the nephew living with the tenant since childhood. The admitted partnership therefore amounted to sub-letting. As the two shops were treated separately throughout, eviction was confined to Shop B.
What the Court Actually Held
- A nephew is not “family” under Section 3(g) of the UP Rent Act, 1972.
- The admitted partnership with the nephew amounted to sub-letting of Shop B.
- The respondents must hand over vacant possession of Shop B within six months, on filing an undertaking within one week.
- Arrears for Shop B must be cleared within one month, with rent or occupation charges paid till vacation and no third-party interest created.
Why This Judgment Matters
- It settles the reach of the statutory definition of family in UP rent cases.
- It confines K.V. Muthu to its special facts.
- It shows eviction can be limited to the portion actually sub-let.
What Should Advocates Take Away From the Judgment?
For Landlords
- An admitted partnership with a non-family member can prove sub-letting.
- Plead each tenanted unit separately where tenancies are distinct.
For Tenants
- Check Section 3(g) before inducting relatives into the business.
- Special facts beyond upbringing are needed to invoke K.V. Muthu.
Key Takeaways
- Statutory definitions of family are read strictly.
- A nephew raised by the tenant is still not family under Section 3(g).
- Partnership with an outsider can amount to sub-letting.
- Eviction was limited to Shop B.
Frequently Asked Questions
Section 3(g) lists specific relatives, and a nephew is not among them.
No. Only from Shop B, which was the subject of the sub-letting.
Six months, subject to filing an undertaking in the Registry within one week.
Conclusion
After more than three decades of litigation, the Court has applied the statutory definition as written and ended the tenancy of the sub-let shop.
Practical takeaway: Under the UP Rent Act, bringing a nephew into a tenanted business as a partner can cost the tenant the premises.
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