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14. Now I shall deal with the contention of the defendants that after the death of original tenant the tenancy devolved upon the legal heirs as tenant in common and notice to quit was not sufficient as it was not sent to all the legal heirs of the deceased tenant. In this regard, defendants have relied upon Valiyaveettil Konnappan Vs. Mangot Velia Kunniyil Manikkam & Ors. 1968 Kerala 229 wherein it was held that notice should be issued to all the tenants as in case of tenants in common there is only unity of possession and not of title. Defendants also relied upon Budhsen Vs. Sheelchandra Aggarwal AIR 1978 Allahabad 88 wherein it was held that the tenancy rights are heritable and on the death of a tenant the heirs succeed as tenants in common and not as joint tenants and therefore not be served upon all the tenants in common.

15. On the other hand, plaintiffs placed reliance upon:

i. RCR 17/2008 " Sh Inder Pal Khanna Vs. Commander Bhupinder Singh Rekhi" passed by Hon'ble High Court of Delhi. 
 ii.    44 (1991) DLT 293 (SC)

       iii.   AIR 1963 SC 468

       iv.    RCR 29/12 " Smt. Narender Kaur Vs. Mahesh Chand &
Sons (HUF)" passed by Hon'ble High Court of Delhi. 
       v.     AIR 2004 All 246

       vi.    AIR 1995 All 676

       vii.   AIR 1989 SC 1470
16. In Inder Pal Khanna Vs. Commander Bhupinder Singh Rekhi RCR 17/2008, the Hon'ble High Court of Delhi held that it is settled law that on the death of the tenant the tenancy devolves upon the LRs as a joint tenancy and LRs are joint tenants and not tenants in common and once the tenancy is joint tenancy notice to one is sufficient to terminate the tenancy and suit cannot be held bad for non-joinder of several joint tenants. The Hon'ble High Court of Delhi relied upon Kanji Manji Vs. Trustees of the Port of Bombay, AIR 1963 SC 468 wherein the Hon'ble Supreme Court propounded the said theory. In AIR 1963 SC 468 also the Hon'ble High Court held notice to determine lease to one of the joint tenants is sufficient. In Smt. Narender Kaur Vs. Mahesh Chand & Sons (HUF) RCR 29/12 passed by Hon'ble High Court of Delhi, again it was held that notice to determine lease to one of the joint tenants is sufficient in case of joint tenancy. In AIR 1995 All 676 (three judges bench), the Hon'ble Supreme Court overruled the previous authority in Md. Azim'a case AIR 1985 SC 118 observing that it is difficult to hold that after the death of the original tenant his heirs become tenants in common and the Hon'ble Court finally held to the contrary that on the death of original tenant the tenancy rights devolved on heirs jointly. In other rulings relied upon by the plaintiffs it was similarly held.

34. One of the contentions raised on behalf of defendants is that the said notice is bad in law as the same has not been sent to all the tenants in common. But this contention has already been dealt with in the finding of issue no. 1 wherein the various authorities have been relied upon holding that the tenancy devolves as a joint tenancy and the LRs of the deceased tenant are joint tenants and not tenants in common and notice to one is deemed to be notice to all. Thus, the notice Ex PW 1/3 cannot be said to be bad in law on this Count.