Indian Kanoon - Search engine for Indian Law

12. In H.C. Pandey (supra), the Supreme Court held that it is now well settled that on the death of the original tenant, subject to any provision to the contrary either negativing or limiting the succession, the tenancy rights devolve on the heirs of the deceased tenant. The incidence of the tenancy are the same as those enjoyed by the original tenant. It is a single tenancy which devolves on the heirs. There is no division of the premises or of the rent payable therefor. That is the position as between the landlord and the heirs of the deceased tenant. In other words, the heirs succeed to the tenancy as joint tenants. In the present case it appears that the respondent acted on behalf of the tenants, that he paid rent on behalf of all and he accepted notice also on behalf of all. In the circumstances, the notice served on the respondent was sufficient. It seems to this Court that the view taken in Ramesh Chand Bose AIR 1977 All 38 (supra) is erroneous where the High Court lays down that the heirs of the deceased tenant succeed as tenants in common. In our opinion, the notice under Section 106 of the Transfer of Property Act served by the appellant on the respondent is a valid notice and therefore the suit must succeed.

13. Yet again in Harish Tandon (supra), the Supreme Court has followed Gian Devi Anand (supra) and approved H.C. Pandey (supra) to observe that in H.C. Pandey (supra), it was rightly said by this Court that after the death of the original tenant, subject to any provision to the contrary, the tenancy rights devolve on the heirs of the deceased tenants jointly. The incidence of the tenancy is the same as those enjoyed by the original tenant. It is a single tenancy which devolves on the heirs and there is no division of the premises or of the rent payable therefor and the heirs succeed to the tenancy as joint tenants.

15. In view of the foregoing, the law appears to be settled by the Supreme Court in umpteen number of decisions that in the event of death of original tenant, the tenancy devolves on the legal heirs as joint tenants, therefore, even when only one of the legal heirs of the deceased tenant, who is in possession of the property, is impleaded in execution proceedings, the Executing Court should proceed with the execution instead of directing the decree holder to implead other legal heirs of the tenant.