TMI Blog1996 (12) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... ent 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 for her son Arunachala Bakthar. 4. The appellant contes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtificial 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 Act as also the object for which the Act was made by the Legi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibi 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 from the expression 'occupy' used in the same rule. In our v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame 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, college or university and bears all the expenses, such child has to be treated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... personal inclination, liking and devotion towards a child by those, specially, who being childless adopt or otherwise rear up a child. 31. From the above, it would appear that it is not in every case that a son who is not the real son of a person would be treated to be a member of family of that person but would depend upon the facts and circumstances of a particular case. 32. Analysing the facts of this case in the light of the principles enunciated above, it will be seen that Arunachala Bakthar is the brother's son of the Appellant's husband who, therefore, was related to the appellant's husband by blood and was his heir mot only under the old Mitakshara Law (as brother's son) but also under the Hindu Succession Act, 1956 as a class-II heir. Arunachala Bakthar was brought up by the appellant and her husband and was living all along with them. He apparently acted as a devoted son to the appellant's husband and helped him in all possible ways including the business which he carried on. Appellant's husband acted also a devoted father to Arunachala Bakthar in whose favour he also executed a will and after reciting therein that Arunachala Bakthar was bro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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