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Showing contexts for: tenancy devolving in Trilochan Singh vs Daya Shankar & Ors on 25 November, 2010Matching Fragments
14. Against the dismissal of the eviction petition on 20.1.1997, the landlord filed an appeal before the Rent Control Tribunal which was registered as RCA No 91/1997 while the cross objections filed by the tenant‟s son Sukhbir Singh was registered as RCA No.112/1997 and cross objections by the landlord was registered as RCA No 798/1997.
15. By judgment dated 18.11.1999, the Tribunal, relying on Rent Note dated 6.5.1952 Ex.AW-2/4 which clearly spelt out the purpose of letting as residential, found that the purpose of letting was residential and that termination notice dated 7.7.1972 Ex.AW-1/1 had been served. The tenancy of Sant Singh was terminated during his lifetime, and by virtue of succession as provided under Section 2(1) of the DRC Act, the tenancy devolved only upon his widow Kailash Kaur, who succeeded her husband as the sole tenant. It also held that the sons of Kailash Kaur were running the business and were in exclusive possession of the premises in her lifetime. The ARCT accepted the landlord‟s appeal and passed an order for eviction.