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Showing contexts for: tenancy devolving in Sh. Nawabuddin vs Sh. Mohammad Kamil on 17 April, 2018Matching Fragments
11. No other witness was examined and R.E. was closed.
12. I have heard the arguments and perused the record carefully.
13. It is to be noted that initially the case was filed against Mohd. Kamil, Mohd. Rasheed and Smt. Firdos Begum who were the children of Late Sh. Mohd. Saddiq and also against the LRs of deceased Mohd. Tahib who was also a son of Late Sh. Mohd. Saddiq. The written statement was also filed on behalf of respondents no.1 to 3 i.e. Mohd. Kamil, Mohd. Rasheed and Smt. Firdos Begum and also on behalf of LRs of deceased Mohd. Tahib. However, only Mohd. Rasheed and Smt. Firdos Begum contested the case till end as respondent no.1 Mohd. Kamil expired without any legal heirs and his name was deleted vide order dated 05.03.2008 & the LRs of deceased respondent no.4 themselves stopped appearing in the matter. They have also mentioned in their written statement that they have shifted from the suit premises. The nonappearance of LRs of deceased respondent no.4 is inconsequential as they were not residing in the premises in question. Further, despite having notice of the case and filing written statement they have stopped appearing in the matter. It is to be noted that it is not required that landlord should make all the LRs of deceased tenant as respondents. Reliance being placed upon judgment in case titled as Inder Pal Khanna (Sh.) Vs. Commander Bhupinder Singh Rekhi (Rtd.), 2008 VIII AD (Delhi) 328 wherein it was held that on the death of tenant, tenancy devolves upon legal heirs as a joint tenancy. Thus, LRs are joint tenants and not tenants in common. Once tenancy is a joint tenancy, notice to one of joint tenant is sufficient to terminate tenancy and suit cannot be held to be bad for nonjoinder of other joint tenants, or all legal heirs of deceased tenant. It is further held that service of one of the joint tenant has to be considered service on the other joint tenant because in joint tenancy, tenancy remains one.