AI Drafter 
TaxTMI 
TaxTMI 
1996 (12) TMI 395
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.... 10(3)(a)(iii), of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 was filed by the respondent for the eviction of the appellant on the ground inter alia of personal .need and wilful default. It was pointed out by the respondent in her application that her husband Thiruvannamalai Bakthar who carried on time-shell business had, together with the respondent, brought up one Arunachala Bakthar as their son and member of their family. Thiruvannamalai Bakthar died leaving behind a will dated 30th November, 1970 in which it was specified that Arunachala Bakthar who was the son of his real brother was brought up by him and it was through him that he was carrying on the lime-shell business. The will created a life estate in favour of the respondent in respect of the residential house and the remainder was vested in the children of Arunachala Bakthar. The win further recited that the lime-shell business would be carried on by the respondent and Arunachala Bakthar but after the death of the respondent, Arunachala Bakthar alone would carry on the business. The premises in occupation of the appellant were said to be required for carrying on the lime-shell business for herself and fo....
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....the definition of "Family" as set out in the Act is an artificial definition, its natural or common meaning cannot be adopted. "Family", it is contended, is a. word of great flexibility and has to be interpreted in the context of the Act with the result that not only those who are related by blood or marriage, but others also would be included in it 9. Section 2(6A) provides as under : "2 (6-A), "member of his family" in relation to a landlord means his spouse, son, daughter, grand-child or dependent parent." 10. Apparently, it appears that the definition is conclusive as the word "means" has been used to specify the members, namely, spouse, son, daughter, grand-child or dependent parent, who would constitute the family. Section 2 of the Act in which various terms have been defined, open with the words "in this Act, unless the context otherwise requires" which indicates that the definitions, as for example, that of "Family", which are indicated to be conclusive may not be treated to be conclusive if it was otherwise required by the context. This implies that a definition, like any other word in a statute, has to be read in the light of the context and scheme of the A....
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....Ghosh & Aw., AIR (1968) Cal. 49; the Madras High Court in Asha Bibi & Ors. v. Nabissa Sahib & Ors., AIR (1957) Madras; the Bombay High Court in Mst. Ramubai v. Jiyaram Sharma, AIR (1964) Bombay 96; the Delhi High Court in Govind Das & Ors. v. Kuldip Singh, AIR (1971) Delhi 151 and again in Abdul Hamid & Anr. v. Nur Mohd., AIR (1976) Delhi 328 have all held that the word "Family" is a flexible word and it may, in certain circumstances, specially in the context in which it is used, may include persons who are not directly related by blood. 17. This Court in Corporation of the City of Nagpur v. The Nagpur Handloom Cloth Market Co. Ltd., AIR (1963) SC 1192 while interpreting the word "Family" observed as under : "But the expression 'family' has according to the contest in which it occurs, a variable connotation. It does not in the setting of the rules postulate the existence of relationship either of blood or by marriage between the persons residing in the tenement Even a single person may be regarded as a family, and a master and servant would also be so regarded." 18. It was further observed as under : "The expression 'family' must therefore take colour....
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....ith care to grow. 25. Foster Brother" is a male child nursed at the same breast as, or reared with, another of different parentage. "Foster Father" is described as one who performs the duty of a father to another's child. "Foster Mother" is indicated to mean a woman who nurses and brings up another's child, either as an adoptive mother or as a nurse, while "Foster Sister" means a female child nursed at the same breast as, or reared with, another of different parentage. 26. These definitions indicate that a "Foster Child" need not be the real legitimate child of the person who brings him up. He is essentially the child of another person but is nursed, reared and brought up by another person as his own son. 27. If a child comes to a person or is found by that person as forlorn child or the parents of that child, may be, on account of their poverty or their family circumstances, bring that child to the other person and request him to bring up that child which is accepted by that person and such child is brought up from the infancy as the own son by that person who loves that child as his own, nourishes and brings him up, looks after his education in the school, colleg....