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Provided that the successor has ordinarily been living or carrying on business in the premises with the deceased tenant as a member of his family upto the date of his death and was dependent on the deceased tenant: Provided further that a right to tenancy shall not devolve upon a successor in case he or his spouse or any of his dependent son or daughter is owning or occupying a premises in the urban area in relation to the premises let. Explanation­II.­ The right of every successor, referred to in Explanation­I, 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; and."

5. After the judgment in the present petition was .

reserved by this Court and while this Court was going through the case law relied upon by the learned counsel for the petitioners, this Court found out that a contrary view stood taken on the issue by another Hon'ble Single Judge of this Court in Dr. Kuldeep Maria Vs. Shanti Devi (Rent Control Reporter 2001 (1) 145), in which judgment, Hon'ble Single Judge of this Court, after placing reliance on the judgment of the Hon'ble Supreme Court in Smt. Gian Devi Anand Vs. Jeevan Kumar, AIR 1985 SC 796 and one other judgment of this Court in Indira Vati Vs. Smt. Devki Devi, 1989 (1) Rent 110, as also another judgment of Hon'ble Single Judge of this Court in Narinder Kumar Vs. Ramesh Kumar, 1995(1) RCR 61 and a Full Bench judgment of this Court in Satya Devi Vs. Ravinder Kumar, 1989(2) RCR 170, has held that on the death of a tenant, it is the single tenancy which devolves on the heirs and the heirs succeed to the tenancy as joint tenants. In the said case, the demised premises were owned by one Dr. Kuldeep Maria and the tenant was one John Masih, against whom Eviction Petition was preferred by the landlord. The Eviction Petition was allowed by the learned Rent Controller and during the pendency of the appeal, tenant John Masih died.