New Delhi: Any woman, whether married or not, if she is having a legal right of residence in the building, is also included in the definition of “family” in relation to landlord and seek eviction of the tenant, if the premises is required for bonafide use, the Supreme Court has held.
A Bench of Justices J. Chelameswar and A.M. Sapre said in order to claim the benefit of expression “family”, a female must have a “legal right of residence” in the building. The Bench held that whether she is married or not, if she is able to show that she has an interest in the suit building will entitle her to claim a right of residence in such building. Such women would then be entitled to seek eviction of the tenant from such building for her personal need.
The Bench said that it was an admitted fact that the appellant’s husband died intestate leaving behind daughter — Dr. Naheed Parveen as one of his heirs. She inherited an undivided but specific ownership right and interest in the suit building which entitles her to claim a right of residence in the suit building. The appellant Gulshera Khanam had sought eviction of a tenant in the building for additional space for the expansion of clinic activities for her daughter.
