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Showing contexts for: tenancy devolving in Zahid Ahmedali Mazgaonwalla And Smt. ... vs Smt. Gulshan Pyarali Mazgaonwalla on 11 July, 2006Matching Fragments
Page 2462
11. In the instant case as well, it is an admitted fact that Zahid (the Appellant) was residing in the suit premises as a family member and hence he cannot be deprived of his statutory right, as a joint tenant.
12. Coming to the next question, in my opinion Section 5(11)(c) was envisaged by the legislature to protect the rights of joint tenants. The Supreme Court in the case of H.C. Pandey v. G.C.Paul held:
...it is now well settled that on the death of the original tenant, subject to any provision of the contrary, either negativing or limiting succession, the tenancy rights devolve on the heirs of the deceased tenant, held that it is a single tenancy which devolves on the heirs. There is no division of the premises or of the rent payable thereafter and that is the position as between the landlord and the heirs of the deceased tenant. In other words, the heirs succeed the tenancy as joint tenants.