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Showing contexts for: tenancy devolving in Chander Prakash vs Babu Ram Gupta on 10 March, 2023Matching Fragments
6. Having heard respective counsels for the parties, I find no merit in the contention raised on behalf of the tenant in RC REV. 28/2022.
7. The impugned judgment dated 06.09.2021 renders the following findings on the issue of non-joinder of other legal heirs of original tenant :
"9. Another contention of the petitioner is with regard to the non-joinder of other legal heirs of late father of the respondent is concerned, in this regard it is a well settled law that after the demise of the original tenant, the tenancy devolves upon the legal heirs of the deceased tenant as joint tenants and the service/notice to one of the joint tenants is sufficient and suit against one of the joint tenants is good.
Applying the ratio of judgments cited above, the contention made by the respondent with regard to the non-joinder of other legal heirs of late father of the respondent is unsustainable."
8. The impugned judgment correctly sets out the legal position to the effect that upon the demise of the original tenant, the tenancy devolves upon the legal heirs of the deceased tenant as joint tenants and the service/notice to one of the joint tenants is sufficient. Accordingly, it has been rightly held that there is no merit in the contention of the tenant regarding non-joinder of other legal heirs of the father of the tenant.