Supreme CourtDivision Bench(1987) 03 SC CK 0068

Ram Singh vs Ram Kumar Jha and Another

Supreme Court Of India · Decided on 27 March 1987 · Citation: (1987) 1 SCC 605 Supp : (1987) SCC 605 Supp

HON’BLE JUDGES
V. Balakrishna Eradi, J · A. N. Sen, J
RESULT
Dismissed
CASE NUMBER
Civil Appeal No. 502 Of 1980

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Judgment

2 paragraphs · 199 words
1.

After hearing learned counsel for the parties, we find no justification for interference with the judgment of the High court. The High court has confirmed the order passed by the learned Additional District Judge as well as the learned Munsif allowing the application made by the respondents for eviction of the appellant from the demised premises under S. 12(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. It is not disputed that the appellant has already shifted from Jawalpur to Saharanpur and left the demised premises in occupation of his uncle who does not come within the definition of ''family'' as given in S. 3(g) of the Act. The act of the appellant in allowing his uncle to occupy the premises furnishes a ground of eviction under S. 12(1)(b) of the Act.

2.

The appeal accordingly fails and is dismissed. However, the appellant is given time up to 31/12/1987 to vacate the premises on his filing the usual undertaking in this court within four weeks from today. The undertaking shall be filed jointly by the appellant and respondent 2 Lal Singh, who is his uncle. There shall be no order as to costs.