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Showing contexts for: tenancy devolving in Tis Hazari Courts Delhi vs Sh. Yashpal Mahajan on 7 September, 2015Matching Fragments
OPP
17. The case of the plaintiff is that the Late Sh.Badri Nath was a tenant protected under DRC Act and after his death on 02.05.2002 the tenancy devolved only upon his wife Smt. Raj Kumari under S.2 (L) of DRC Act, as the tenancy was terminated vide a notice dt. 16.03.1982 during the lifetime of Sh.Badrinath. It is submitted that Smt. Raj Kumari has also expired and the defendant was not financially dependent at the time of death of Late Sh.Badri Nath and is therefore liable to be evicted by the present proceedings.
18. The only counter of the defendant is that he was financially dependent upon Late Sh.Badri Nath and therefore, his tenancy is protected under the Suit No. 84/12 Harbans Singh Vs. Yashpal Mahajan 6/15 provisions of DRC Act. The notice dt. 16.03.1982 has been denied for want of knowledge by the defendant.
19. The S.2(L) of DRC Act requires that the tenancy of the original tenant must have been terminated before his death. In such an event, the tenancy would devolve upon only one of the legal heirs of the deceased as per the order of succession provided. Further, if the successor is not financially dependent upon the decease tenant, the right of tenancy would be limited to a period of one year only. The section further provides that the right of succession is personal in nature and upon the death of the successor would not devolve upon any other legal heirs.
41. At this stage it is important to note that as per S.2(L) of DRC Act the right of succession is personal in nature and upon the death of the successor would not devolve upon any other legal heirs. Admittedly, the wife of Sh.Badrinath was alive at the time of his death in 2002. Thus, as per the order of succession only the wife would inherit the tenancy to the exclusion of the sons including the defendant. Further, it is admitted fact that the said wife of Sh.Badrinath has expired in 2010. Thereafter, the tenancy is not heritable upon any other legal heir of the deceased and thus, the defendant cannot take the plea that the tenancy has devolved upon him after the death of his mother.