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4. It is next submitted that from the day one, the case of petitioner is that he is never a tenant of the shop in question and in fact his father was the tenant. After his death, he has not succeeded his father's business and as per Section 6(3) of Act No. 16 of 2021, he is not the tenant and tenancy devolves for remaining period to the person/family member, who had succeeded the business of deceased-tenant. Petitioner-defendant has taken this specific ground in his objection, but rejecting the same, rent application was decided vide impunged order dated 06.07.2022 in terms of Section 6(2) of Act No. 16 of 2021, which is for the purpose of residential tenancy, where the right of tenancy shall devolve for the remaining period to his successors, therefore, treating the petitioner-defendant as tenant, order is bad in light of Section 6(3) of Act No. 16 of 2021.

32. The next argument of learned counsel for the petitioner-defendant is that under Section 6(3) of the Act No. 16 of 2021, which says that tenancy devolves for remaining period on the person who has succeeded the business of the deceased tenant and in the present case, petitioner-defendant had not succeeded any business, therefore, he is not a tenant as provided under Section 6(3) of the Act No. 16 of 2021.

33. This argument of the learned counsel for the petitioner-defendant arises from the interpretation of Section 6 of the Act No. 16 of 2021 and relevant part of the same is being quoted hereinbelow:

"6. Rights and obligations of successor in case of death-(1) The terms of agreement executed between landlord and tenant, shall be binding upon their successors in the event of the death of the landlord or tenant, as they case may be, and in such case, the successor of the deceased landlord or tenant shall have the same rights and obligations as agreed to in the tenancy agreement for the remaining period of such tenancy.
(2) In the event of death of a tenant, of residential tenancy, the right of tenancy shall devolve for the period of tenancy on his successor, namely:
Spouce; son or daughter or where there are both son and daughter, both of them; parents; daughter-in-law, being the widow of his pre-deceased son widowed or divorced sister: Provided that the successor has ordinarily been living in the premises with the deceased tenant up to the date of his death. (3) In the event of death of a tenant of a non-residential tenancy, the right of tenancy shall devolve for the remaining period of tenancy on the person who has succeeded the business of deceased tenant."