Indian Kanoon - Search engine for Indian Law

6. The Division Bench came to the conclusion that the aforesaid provision was enacted in order to protect the members of the family of the tenant residing with him and that the said provision laid down the manner of devolution of the statutory tenancy. It further held that on the death of the statutory tenant, the statutory tenancy devolves on any member of the tenant's family residing with him at the time or within three months immediately preceding his death. Then, the following observations were made by the Division Bench with regard to the scope and content of Section 5( 11 )(c) In many cases, maintenance of members of tenant's family residing with him depends on the income derived from the business and in order that such members of the tenant's family may not be thrown on the street but continue to maintain themselves by carrying on business in the premises, the Legislature seems to have enacted the provisions of Section 5(1 l)(c) of the Act. For the reasons aforesaid "the true construction of the provisions of Section 5(1 l)(c) of the Act is that any member of the tenant's family residing with him at the time of, or within three months immediately preceding his death is a tenant within the meaning of the said provisions irrespective of the purpose for which the premises were let. On the death of a statutory tenant any member of his family residing with him at the time of, or within three months immediately preceding his death is entitled to become a tenant.