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Showing contexts for: tenancy devolving in Courts vs M/S Banarsi Das Bhalla & Sons on 8 March, 2011Matching Fragments
3. Leave to defend application alonwith affidavits filed by the sons and daughter of Late Sh. Banarsi Dass wherein they have stated that after the death of their father, namely Sh. Banarsi Dass Bhalla, the tenancy rights have devolved upon his wife Smt. Pushapa Rani (mother of the respondents) and on them. It is further stated that they are doing the work of sale and service of gas stove, pressure cooker and other household appliances in the tenanted premises since very beginning of the tenancy.
13. The respondents contended that earlier Sh. Banarsi Dass Bhalla was tenant in the suit premises and the rent receipt were issued in the name of M/s Banarsi Dass Bhalla & Sons. After death of Sh. Banarsi Dass, all his legal heirs became cotenants but the present petition was not filed against all the cotenants. On the other hand the petitioner stated that only Sh. Vijay Bhalla is carrying his business in the premises in question and all other legal heirs had already surrendered their tenancy rights. It is well settled law that after the death of tenant all his legal heirs become joint tenants only and not cotenants. It was held in Inderpal Khanna Vs. Commander Bhupinder Singh Rekhi, 2008 VIII AD (Delhi) 328 that "It is settled law that on death of tenant, tenancy devolves upon legal heirs as a joint tenancy. LRs are joint tenants and not tenants in common. Where out of many, only one or two LR of deceased tenant are in occupation of premises, an eviction petition by landlord against those who are in occupation of the premises is a valid petition. It is not necessary for landlord to implead all the legal heirs of the deceased tenant or to implead even those who are not in occupation and possession of the premises". Thus it is clear that as the present petition has //8// been filed against M/s Banarsi Dass Bhalla & Sons through its proprietor Vijay Bhalla, is maintainable. The respondents have not denied that Sh. Vijay Bhalla is not the proprietor of M/s Banarsi Dass Bhalla & Sons. The respondents have also not filed any document to show that all the legal heirs of the respondents are in occupation of the shop in question. Hence, the contention of the respondents that the present petition is not maintainable due to non joinder of necessary party has no substance and the same is declined.