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In this respect, it is to be borne in mind that Kerala Act expressly includes heir/heirs of deceased tenant within the definition of tenant.

38. It has also been held in H.C.Pandey v. G.C.Paul {AIR1989 SC 1470} 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."

5. Inheritability of tenancy -

(1) In the event of death of a tenant, the right of tenancy shall devolve for a period of five years from the date of his death to his successors in the following order, namely -- 

                  (a)       spouse

                  (b)       son   or   daughter   or   where   there   are   both   son   and

                  daughter both of them;

                  (c)       parents;

                  (d)       daughter-in-law, being the widow of his predeceased

                  son:




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