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Showing contexts for: tenancy devolving in Mst. Surayya Begum, Etc vs Mohd. Usman And Ors., Etc on 26 April, 1991Matching Fragments
7. The learned advocates representing the decree holders in these two appeals have argued that when the tenancy rights devolve on the heirs of a tenant on his death, the incidence of tenancy remains the same as earlier enjoyed by the original tenant and it is a single tenancy which devolves on them. There is no division of the premises or of the rent payable, and the position as between the landlord and the tenant continues unaltered. Relying on Kanji Manji v. The Trustees of the Port of Bombay, [1962]Supp. 3 SCR 461 and borrowing from the judgment in H.C.Pandey's case (Supra) it was urged that the heirs succeed to the tenancy as joint tenants . The learned counsel for the appellants have replied by pointingout that as the aforesaid two decisions were distinguished by this Court in the latter case of Textile Association (Supra), it was not open to the landlords to support the impugned judgements by relying upon the earlier two cases.