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Head Note

The Transfer of Property Act, 1872  - Section 109

Assam Urban Areas Rent Control Act, 1972, Section 2(c) , 5 - Eviction Petition - Personal Necessity - Non- payment of Rent - Landlord - Rights of lessor's transferee - Section 2(c) of the Act, 1972 is couched in a very wide language, according to which not only the owner but also any person receiving rent, whether on his own account or on behalf of or for the benefit of any other person or as a trustee, guardian, or receiver for any other person, is also the landlord - However, for the purpose of eviction of a tenant on the ground of personal need or reasonable requirement, one must show that he is the owner of the building - High Court proceeded on the basis that the relationship of 'landlord and tenant' has not been established evidence that the respondent on many occasions went to the appellant to pay rent but the latter refused to receive the rent -Admittedly, the respondent-tenant was paying electricity and other charges of the tenanted premises to the appellant - Approach of the High Court reversing the appellate court's finding of personal necessity and not payment of rent cannot be sustained in law.

Topic(s)-Personal Necessity - Non- payment of Rent - Eviction allowed