The words 'built' and 'allotted' do not mean that after building residence or after allotment of a residence, the tenant must also acquire its possession. If a tenant builds a house and does not occupy it, he is liable to eviction, according to the High Court. Similarly, if a residence is allotted to a tenant, but he does not occupy it and allows others to occupy the same, he is not protected, according to the High Court. The Act provides that building of a house by tenant or allotment of residence to him is a ground of eviction available to the land lord against his tenant. The learned Judge of the High Court was of the view that it is not necessary for a landlord to prove either that the tenant has built and acquired vacant possession of the building or that he has been allotted and taken possession of the allotted premises.
IN THE SUPREME COURT OF INDIA
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 2150-53 of 1982
Decided On: 17.07.1987
Ganpat Ram Sharma and Ors.
Vs.
Gayatri Devi
Hon'ble Judges/Coram:
S. Natarajan and Sabyasachi Mukherjee, JJ.
Citation: AIR 1987 SC 2016
