JASPAL SINGH Vs. ADDITIONAL DISTRICT JUDGE BULANDSHAHR

JUDGEMENT

(1.) The present appeal by special leave against the judgment of the Allahabad High Court dated 27th of March, 1979 centres round a shop No. 270 situate , in Grouceganj, Bulandshahr. This shop was owned by Ratan Lal and Naubat Singh was a tenant of the shop Naubat Singh died on 31st of August, 1974. He had no male issue but had four daughters, all of whom were married and were residing with their husbands outside Bulandshahr. He also left behind is widow who was residing in village Rampur, district Bulandshahr. He was carrying on some business in the disputed shop during his lifetime. On his death Ratan Lal, the landlord, filed an application under S. 12 read with S. 16 of the U. P. Urban Building (Regulation of letting, rent and Eviction ) Act, 1972 (for short reffered to herinafter as 'the U. P. Act No. 13 of 1972') for a declaration that the shop was vacant and he required the same for his personal need.

(2.) The application was resisted by Jaspal Singh, the present appellant, on the ground that he was the heir of Naubat Singh deceased and was in occupation of the disputed shop; that on 4th of July 1973 Naubat Singh 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 Naubat Singh in his business for the last several years and remained in continuous possession of the disputed shop after the death of Naubat Singh and so he was entitled to get the benefit of S. 14 of the U. P. Act No. 13 of 1972.

(3.) The Rent Control and Eviction Officer rejected the application holding that Jaspal Singh, the appellant, had been living with the deceased Naubat Singh and was also assisting him in doing the business in the disputed premises to the full knowledge of the landlord, and so he was entitled to get the tenancy rights under S. 14 of the U. P. Act No. 13 of 1972, as it stood prior to its amendment made by U. P. Act No. 28 of 1976.