Indian Kanoon - Search engine for Indian Law

(58) In every word of this definition the statutory tenant as expounded in Anand Niwas comes into the picture again and again. In truth he is the foundation on which the definition is built. He was the main concern of the legislature. The termination of his tenancy and the plight of his successors who were being turned out on his death created a situation to which the legislature was addressing itesif. The statutory tenant is the warp and the woof of the enacted definition. Hitherto he had merely a personal right. This was enlarged into a right of succession. Tenancy devolves on his heirs. It is a property. There is an order of succession to it. The deceased tenant is the propositus. From him descent is to be traced so as to as certain who is to in here the tenancy. The. line. of succession is based' on the principle of propinquity. The legislature expanded the definition and included certain successors of the deceased tenant in the definition of the. tenant. The object was to give protection to them. To give them a right ''to continue in possession". .The amendment guarantees to the successor "the right to continue, in posses.-iion after the termination of -the tenancy" of his deceased predecessor "subject to- the order of succession and the conditions specified".