Document Fragment View
Fragment Information
Showing contexts for: tenancy devolving in Sh. Zaid Ahmed vs Mohd. Usman on 26 April, 2018Matching Fragments
(c) That the petitioner, or his family members do not have any other alternative suitable residential accommodation for the residential purposes.
4. Summons were served upon the respondents and the applications for leave to defend filed by the legal heirs of the deceased respondent no.1 and respondents no.2 to 5, 8 and 10 were allowed vide order dated 09.12.2015. No application for leave to defend was filed on behalf of the respondents no.7, 9 and 11. In case titled as Inder Pal Khanna (Sh.) Vs. Commander Bhupinder Singh Rekhi (Rtd.), 2008 VIII AD (Delhi) 328 it was held that on death of tenant, tenancy devolves upon legal heirs as a joint tenancy. Thus, LRs are joint tenants and not tenants in common. Once tenancy a joint tenancy, notice to one of joint tenant is sufficient to terminate tenancy and suit cannot be held to be bad for nonjoinder of other joint tenants, or all the legal heirs of the deceased tenant. It is further held that service of one of the joint tenant has to be considered service on the other joint tenant because in joint tenancy, tenancy remains one.