SHRI RAM NATH YADAV Vs. RENT CONTROL AND EVICTION OFFICER ALLAHABAD
LAWS(ALL)-1994-4-70
HIGH COURT OF ALLAHABAD
Decided on April 06,1994

RAM NATH YADAV Appellant
VERSUS
RENT CONTROL AND EVICTION OFFICER, ALLAHABAD Respondents

JUDGEMENT

V.K.Khanna, J. - (1.) A learned single Judge while hearing the present writ petition has referred the following question for consideration by a larger Bench: "Whether the word 'family' used in S. 12(1)(b) and 12(2) of U.P. Act No. 13 of 1972 should be interpreted with regard to its general meaning as it is understood commonly so as to include daughter-in-law or other female relations who are normally members of the family or it should be given the restricted meaning as defined in S. 3(g) of the Act.?"
(2.) For the purposes of answering the question which has been referred to us by the learned single Judge, it will be useful to have the relevant facts involved in the present writ petition out of which the reference arises.
(3.) The petitioner in the present writ petition is admittedly the landlord of a shop situated in the city of Allahabad and had moved an application for its release under Section 16(1)(b) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 (hereinafter described as the 'Act') on the ground that the same is bona fide required for carrying on the business by his two sons and that the shop will be deemed to be vacant in view of the provisions of Section 12(2) of the Act.;


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