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9. It is further the case of the Defendants that the Plaintiffs has no cause of action to file the present suit as the rent stood paid to the Plaintiffs till September 1994 by the Defendants on behalf of all the legal heirs of the deceased tenant and a rent receipt no. 112 dated 08.09.1994 for an amount of Rs. 3,810/­ covering the rent from April, 1992 to September, 1994 was issued by the Plaintiffs.

10. It is the case of the Defendants that Sh. Jaswant Rai Kapoor has died as a contractual tenant and after his demise the tenancy rights have devolved upon all his legal heirs and all of them have become lawful tenant under the Plaintiffs. The Defendants also takes the objection that the suit of the Plaintiffs is not properly valued for the purpose of court fees and jurisdiction and the Plaintiffs is required to affix the advaloreum court fees on the basis of the market value of the Property which is more than Rs. 5,00,000/­.

Suit no. 179/10/96

11. It is further the case of the Defendants that the suit of the Plaintiffs is not maintainable as it is filed for partial tenancy only and the tenancy premises are not correctly mentioned as besides the accommodation mentioned the roof is also forming a part of the property and was in possession of the deceased tenant and after his demise the same is in possession of all his legal heirs.

12. In his reply on merits it is the case of the Defendants that his father was let out the suit property along with the roof and terrace above the same and the same forms the part of the tenancy. The Defendants denies that the tenancy was for the period of 11 months and it had determined by efflux of time. He denied the averment that the rent was not paid w.e.f. 01.09.77 and that the tenancy was expired by notice dated 07.07.1980. It is his case that no notice of any kind was ever served on his father and therefore the tenancy had not come to an end. It is his case that his father Sh. Jaswant Rai Kapoor died on 05.04.1992 as a contractual tenant and after his demise the tenancy rights have devolved upon all his legal heirs.

56. However, in view of the findings in issue no. 1 as it has been held that the contractual tenancy of Sh. Jaswant Rai Kapoor has never come to an end therefore as contractual tenancies are heritable the tenancy had devolved upon all the legal heirs of Late Sh. Jaswant Rai Kapoor and thus this receipt would be deemed to be a rent receipt Suit no. 179/10/96 issued by the Plaintiffs in lieu of rent taken from the legal heirs of the deceased tenant as the legal heirs have also stepped into the shoes of the tenant.

57. This issue is decided accordingly.

Issue no. 5:­ Whether any tenancy right has devolve upon all the legal heirs? OPD.

58. In view of the findings in issue no. 1 and issue no. 4 this issue is also decided in favour of the Defendants and against the Plaintiffs and it is held that the tenancy rights have devolved upon all the legal heirs.

59. This issue is decided accordingly.

Issue no. 6:­ Whether the suit is not properly valued for the purposes of court fee and jurisdiction? OPD.