VidhiSangh

Supreme Court of India · 17/04/2018

SMT. SUDAMA DEVI & ORS. versus VIJAY NATH GUPTA & ANR.

[2018] 3 S.C.R. 446 · 2018 INSC 350

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Summary

The Supreme Court upheld eviction for rent default and denied the tenant relief under section 20(4) of the Uttar Pradesh rent statute. His son, a male lineal descendant within the statutory family, had built and possessed a residential house in the same city. Separate residence did not remove the son from the proviso’s operation. The tenant’s representatives received three months to vacate subject to deposits and an undertaking within two weeks; default permitted prompt execution.

Issues

  1. Whether the tenant’s separately residing son remained a family member for the section 20(4) proviso.
  2. Whether acquisition of the same-city residence excluded relief against default eviction.
  3. What conditions applied to time for vacation.

Provisions considered

Held

Result

Appeal dismissed; eviction upheld. Conditional three-month vacation period granted, requiring deposits and undertaking within two weeks, failing which execution could proceed.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 446.