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12. It was claimed that no unauthorized construction was raised by the defendants during any period of time when plaintiffs allegedly remained owners of the suit land and after acquisition of the land, they had no title in the ( 2025:HHC:37873 ) ...7...

suit property and after de-notifying the acquisition, they did not become owners for the intervening period.

13. As per Written Statement filed by defendants, other than defendants No.2-A to 2-E, after death of Dalip Chand, who was Proprietor of M/s Amrit Lal Mohan Lal, tenancy devolved upon all defendants and it was denied that tenancy devolved upon only defendant No.1 Jawala Devi. It was claimed that building in reference was three- storeyed even at the time when property was owned and possessed by M/s Tulsi Ram Hans Raj, a HUF Firm. It was also contended that plaintiffs had already filed an Eviction Petition on the same ground, and that the suit was not maintainable in present form.

14. In Written Statement filed on behalf of Legal Heirs of defendant No.2 Amrit Lal, i.e. defendants No.2-A to 2-E, it was also claimed that actually M/s Amrit Lal Mohan Lal was tenant of the tenanted premises and the business was being run by Amrit Lal and after death of Dalip Chand Goel, the tenancy devolved upon Amrit Lal only and after his death defendants No.2-A to 2-E are entitled to continue the tenancy rights inherited from ( 2025:HHC:37873 ) ...8...

Provided that the successor has ordinarily been living or carrying on business in the premises with the deceased tenant as a member of his family upto the date of his death and was dependent on the deceased tenant:
Provided further that a right to tenancy shall not devolve upon a successor in case he or his spouse or any of his dependent son or daughter is owning or occupying a premises in the urban area in relation to the premises let.
Explanation-II.- The right of every successor, referred to in Explanation-I, to continue in possession after the termination of the tenancy, shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs; and.]"

44. From aforesaid provisions, it is quite clear that in the event of death of a person/tenant continuing in possession his tenancy shall firstly devolve upon his surviving spouse, and in absence of first, secondly upon his son and daughter or both if there is no surviving ( 2025:HHC:37873 ) ...26...