(1)[ "tenant" means any person by whom or on whose account or behalf the rent of any premises is, or, but.for a special contract, would be, payable, and includes -[Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](i)a sub-tenant; [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](ii)any person continuing in possession after the termination of his tenancy; and [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](iii)in the event of the death of the person continuing in possession after the termination of his tenancy, subject to the order of succession and conditions specified, respectively, in Explanation I and Explanation II to this clause, such of the aforesaid person's -- [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](a)spouse, [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](b)son or daughter, or, where there are both son and daughter, both of them, [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](c)parents, [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](d)daughter-in-law, being the widow of his pre-deceased son, as had been ordinarily living in the premises with such person as a member or members of his family up to the date of his death, but does not include, [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](A)any person against whom an order or decree for eviction has been made, except where such decree or order for eviction is liable to be re-opened under the proviso to section 3 of the Delhi Rent Control (Amendment) Act, 1976 (18 of 1976); [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](B)any person to whom a licence, as defined by section 52 of the Indian Easements Act, 1882 (5 of 1882), has been granted. [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)]Explanation I. [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)] - The order of succession in the event of the death of the person continuing in possession after the termination of his tenancy shall be as follows: -(a)firstly, his surviving spouse; [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](b)secondly, his son or daughter, or both, if there is no surviving spouse, or if the surviving spouse did not ordinarily live with the deceased person as a member of his family up to the date of his death; [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](c)thirdly, his parents, if there is no surviving spouse, son or daughter of the deceased person, or if such surviving spouse, son or daughter or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death; and [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](d)fourthly, his daughter-in-law, being the widow of his pre- deceased son, if there is no surviving spouse, son, daughter or parents of the deceased person, or if such surviving spouse, son, daughter or parents, or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death. [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)]Explanation II. [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)] - If the person, who acquires, by succession, the right to continue in possession after the termination of the tenancy, was not financially dependent on the deceased person on the date of his death, such successor shall acquire such right for a limited period of one year; and, on the expiry of that period, or on his death, whichever is earlier, the right of such successor to continue in possession after the termination of the tenancy shall become extinguished.Explanation III. [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)] - For the removal of doubts, it is hereby declared that,(a)where, by reason of Explanation II, the right of any successor to continue in possession after the termination of the tenancy becomes extinguished, such extinguishment shall not affect the right of any other successor of the same category to continue in possession after the termination of the tenancy; but if there is no other successor of the same category, the right to continue in possession after the termination of the tenancy shall not, on such extinguishment, pass on to any other successor, specified in any lower category or categories, as the case may be; [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](b)the right of every successor, referred to in Explanation I, to continue in possession after the termination of the tenancy, shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs;] [Substituted by Act 18 of 1976, section 2, for clause (1) (w.r.e.f. 1-12-1975)](m)"urban area" has the same meaning as in the Delhi Municipal Corporation Act, 1957 (66 of 1957).
