In case, the shared household of a woman is a
tenanted/allotted/licensed accommodation where tenancy/
allotment/license is in the name of husband, father-in
law or any other relative, the Act, 2005 does not
operate against the landlord/lessor/licensor in
initiating an appropriate proceedings for eviction of
the tenant/allottee/licensee qua the shared household.
However, in case the proceedings are due to any
collusion between the two, the woman, who is living in
the shared household has right to resist the
proceedings on all grounds which the
tenant/lessee/licensee could have taken in the
proceedings. The embargo under Section 17(2) of Act,
2005 of not to be evicted or excluded save in
accordance with the procedure established by law
operates only against the “respondent”, i.e., one who
is respondent within the meaning of Section 2(q) of
Act, 2005.{Para 117}
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2483 of 2020
Author: ASHOK BHUSHAN, J.
Dated: 15-10-2020.
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