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5. The Counsel for the Petitioner submits that, the tenancy rights pertaining to the secured asset have devolved upon the Petitioner under section 5(11)C of the Bombay Rent Control Act as well as under section 7(15)(d) of Maharashtra Rent Control Act, according to which the tenancy rights devolve upon all the Dinesh Sherla WP17508-24 members of the family of the deceased residing together at the time of death. It is submitted that the Petitioner along with her husband and children have been continuously residing in the secured asset during the lifetime of the tenants Prabhu and Sharavan, as such they are entitled to rights as joint tenants. In support of the submission, reliance is placed on the ruling of the Hon'ble Supreme Court in H.C. Pandy Vs. G.C. Paul1, whereby it is held as under;

"4. It is now well settled that on the death of the original tenant, subject to any provision to the contrary either negativing or limiting the succession, the tenancy rights devolve on the heirs of the deceased tenant. The incidence of the tenancy are the same as those enjoyed by the original tenant. It is a single tenancy which devolves on the heirs. There is no division of the premises or of the rent payable thereof. That is the position as between the landlord and the heirs of the deceased tenant. In other words, the heirs succeed to the tenancy as joint tenants...."