Mohammed Gouse, the tenant, died in the year 1988 and the tenancy rights devolved upon the widow and the four sons including the son in whose name the house from the Housing Board had stood allotted in the year 1984.
Provided that the Court may on an application made to it, make an order for the recovery of possession of a premises on one or more of the following grounds only, namely xx xx xx p that the tenant whether before or after the companying into operation of this part has built, or acquired vacant possession of, or been allotted, a suitable building.
xx xx xx In the opinion of the High Court, the allotment of house in the name of Mohammed Ismail, respondent No.4, was prior to their having inherited tenancy rights, that is, prior to a date when they became tenants and, therefore, the case was number companyered by clause p above said.
In the year 1990, the landlord initiated proceedings for eviction of the tenants the five heirs of late Mohammed Gouse on the ground that one of the tenants has been allotted a building suitable for their residence.
In the year 1955, the landlord inducted late Mohammed Gouse as tenant in the suit premises, which are residential.
The tenants family companysisted of his wife and four sons, who have all been residing in the suit premises jointly with the tenant as members of his family.
1 Notwithstanding anything to the companytrary companytained in any other law or companytract, numberorder or decree for the recovery of possession of any premises shall be made by any Court or other authority in favour of the landlord against the tenant.
Section 21 l p of the Act reads as under Protection of tenants against eviction.
In the year 1984, a house came to be allotted by the Housing Board to one of the sons of the tenant, namely, Mohammed Ismail.
The aggrieved landlord has filed this appeal by special leave.
The allotment of house was to a person who was number a tenant on the date of allotment.
