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5. Inheritability of tenancy":- (1) In the event of death of tenant, the right of tenancy shall devolve for a period of five years from the date of his death to his successors in the following order, namely:-
(a) spouse;
(b) son or daughter or where there are both son and daughter both of them;
(c) parents;
(d) daughter-in-law, being the widow of his pre-deceased son;

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 up to 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 such successor or his spouse or any of his dependent son or daughter is owning or occupying a premises in the local area in relation to the premises let.
(2) If a person, being a successor mentioned in sub-section (1), was ordinarily living in or carrying on business in the premises with the deceased tenant but was not dependent on him on the date of his death, or he or his spouse or any of his dependent son or daughter is owning or occupying a premises in the local area in relation to the premises in the local area in relation to the premises let to which this Act applies, such successor shall acquire a right to continue in possession as a tenant for a limited period of one year from the date of death of the tenant; and, on the expiry of that period, or on his death, whichever is earlier, the right of such successor to continue in possession of the premises shall become extinguished.

The language employed in Section 5(1) that "in the event of death of a tenant" indicates that it does not provide for retrospective effect. In other words it says that in the event of death of a tenant, the right of tenancy shall devolve for a period of 5 years from the date of death of the tenant to his successors in the order of (a) spouse; (b) son or daughter or where there are both son and daughter both of them, (c) parents and (d) daughter-in-law being the widow of his predeceased son subject to provisos. Thus, it regulates the tenancy in the event of death of a tenant. Section 5 of the New Rent Act does not provide for eviction of a tenant. As a matter of fact, Sections 27 to 46 under Chapter-VI deals regarding regulation of eviction. Section 27 of the New Rent Act provides protection to the tenants against eviction except in the prescribed manner; whereas Sections 28, 29, 30 and 31 confers special right on certain landlords/ persons to recover immediate possession of the tenanted premises. None of these Sections viz., 27 to 31 refer to Section 5 of the New Rent Act. I have gone through the decisions reported in Shahwar Basheer's Case (Supra) and Smt. K.S. Nagamma v. Mrs. M.P. Manekshah Case (Supra). In these cases, the Learned Judge of this Court has given retrospective effect to Sections of the new rent Act. The Learned Single Judge of this Court has not considered the right of the L.Rs. of the tenant under the old rent act, which was in force when the tenant died, hi my opinion retrospective effect cannot be given to Section 5 of the Act in the absence of provision to that effect. Therefore, in my opinion, with great respect to the learne Single Judge, the view taken by him in the decisions reported in Smt. K.S. Nagamma v. Mrs. M.P. Manekshah (Supra) and Shahwar Basheer and Ors. v. Veena Mohan and Ors. ILR 2003 KAR is not correct. Further, a tenant cannot be evicted solely on the basis of Section 5 of the New Rent Act, except following the procedure provided in Chapter VI of the New Rent Act. Therefore, the impugned order is not sustainable in the eye of law.