In Brief
A landlord sought eviction of his tenant under the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, claiming bona fide need. After the tenant (a female Hindu widow) died during the appeal, her brother sought to continue the tenancy as an heir. The Supreme Court held that under Section 3(a) of the Act, only heirs who have normally resided with the deceased tenant can succeed to tenancy. The Court also held that under Section 15(2)(b) of the Hindu Succession Act, property inherited by a female from her husband devolves on the heirs of the husband, not on her brother. The brother was neither within the statutory definition of 'family' nor a qualifying 'heir', and therefore had no tenancy rights. The Court directed eviction.
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