New Delhi: The apex court has said in an important judgment that after the death of the tenant, his family has the right to remain in the property under the same tenancy. This subletting means that the sub-tenancy and tenant does not have to rent that property to any third. The Supreme Court has said that the family of the deceased tenant cannot be evacuated on the plea of subletting.
The apex court, while making this arrangement, quashed the decision of the Uttarakhand High Court, in which HC considered the family of a tenant as a subcontractor, Section 16 of the UP Urban Buildings (Regulation of Rent, Rent and Vacation) Act, 1972. The house was declared vacant under (1) (B). In the apex court, Justice Naveen Sinha and Justice B.V. R. Gavai's bench said that the High Court should not have heard the appeal under Article 227 against the order of the Controller of Rent in this case. The High Court is not empowered by the Appellate Court under this Article. The Supreme Court said that the High Court had accepted the plea under Article 227 against the order of the Dehradun District Judge and heard it which is wrong.
In the case, in Mussoorie, landlord Sanjay Kumar Singhal filed a case in lower court in 1999 to get his property vacated by his tenant's son Mohammad Inam that his tenant Rashid Ahmed had taken his property on subletting. Under the Rent Act, the landlord has the right to vacate his property upon subletting the house.
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