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For proper understanding the principle laid down by the Hon'ble Supreme Court in the said decision the prohibition which was in fact imposed under Section 21 of the said Act is required to be taken note of. Paragraph 5 of the said decision of the Hon'ble Supreme Court may be considered in this regard, as Hon'ble Supreme Court recorded therein the exact term in which such prohibition was imposed therein. It was recorded therein that "what is prohibited under Section 21 of the said Act is that there cannot be any sub-division or sub-letting of the land held by a tenant by assignment of any interest thereunder" with a rider that "exceptions are there, when a tenant dies, the surviving members of the joint family and if he is not a member of the joint family, his heirs shall be entitled to partition and sub-divide the land leased subject to certain conditions". Section 24 of the said Act was also taken note by the Hon'ble Supreme court wherein it was declared that when a tenant dies, the tenancy devolves upon the heirs of such tenant on the same terms and conditions on which the tenant was holding at the time of his death. In this regard the Hon'ble Supreme Court held that assignment of any interest of the tenanted land by way of device or a bequest under a will cannot be stated to be left beyond the scope of the said provision inasmuch as assignment disposes of the rights of the lessee in the leasehold property. The Hon'ble Supreme Court further held that when there is a disposition of right under a will, though it operates posthumously, is nevertheless a recognition of the legatee therein as to his right in the tenanted land and in that event deposition by will is also an assignment of the tenanted land even though the legatee's right will come into effect after the death of the testator. It was thus, held that though it can be stated in general terms that device simplicitor will not amount to assignment but in a special case of this nature, interpretation will have to be otherwise.