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Showing contexts for: tenancy devolving in The Central Muslim Association vs Mr. Eshwarappa on 20 April, 2023Matching Fragments
22. Even children of Late. Krishnappa and alleged joint tenants of suit property have not voluntarily appeared before the court seeking for an order to get them impleaded as additional defendants in the suit.
23. It is now well settled that on the death of the original tenant, subject to any provision to the contrary either negativing or limiting the succession, the tenancy rights devolve on the heirs of the deceased tenant. The incidence of the tenancy is the same as those enjoyed by the original tenant. It is a single tenancy which devolves on the heirs. There is no division of the premises or of the rent payable there for. That is the position as between the landlord and the heirs of the deceased tenant. In other words, the heirs succeed to the tenancy as joint tenants.