Indian Kanoon - Search engine for Indian Law

13. From the said judgment, it seems that the eviction which has been passed in the present case against judgment debtor Shakuntala is not binding upon her sons who had also inherited the tenancy from their deceased father.

14. However, there are subsequent judgments of the Hon'ble Supreme Court of India which laid down different law in the said judgment discussed hereunder:­ H.C. Pandey v. Sri G.C. Paul, (SC) 1989(1) R.C.R.(Rent) 493 wherein it has been observed as under:­ "4. 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, SC NO. 337/2007 PAGE 5 OF 14 that he paid rent on behalf of all and he accepted notice also on behalf of all. In the circumstances, the notice was served on the respondent was sufficient. It seems to us that the view taken in Ramesh Chand Bose (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 S. 106 of the Transfer of Property Act served by the appellant on the respondent is a valid notice and therefore the suit must succeed." Ashok Chintaman Juker v. Kishore Pandurang Mantri, (SC) 2001(1) R.C.R.(Rent) 581 wherein it has been observed as under:­ "14. This Court in the case of H.C. Pandey v. G.C. Paul, AIR 1989 SC 1470 taking note of settled position 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, held that it is a single tenancy which devolves on the heirs. There is no division of the premises or of the rent payable thereafter and 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. This Court further held that the respondent acted on behalf of the tenants; he paid rent on behalf of his father and he accepted notice on behalf of all; in the circumstances the notice served under section 106 of the Transfer of Property Act on the respondent was sufficient and it was a valid notice.

7. It is undisputed fact that the petitioner is an LR of Dwarka Das Khanna, the original tenant. It is settled law that on death of the tenant, the tenancy devolves upon legal heirs as a joint tenancy. LRs are joint tenants and not tenants in common. Once the tenancy is a joint tenancy, notice to one of the joint tenant is sufficient to terminate the tenancy and the suit cannot be held to be bad for non joinder of the other joint tenants or all the legal heirs of the deceased tenant. This issue was settled by Supreme Court in Kanji Manji v. Trustees of the Port of Bombay, AIR 1963 SC 468., wherein the Supreme Court observed that where the tenancy was a joint tenancy, notice to one of the joint tenant was sufficient and the suit against one of the joint tenant not impleading rest of the joint tenants was good and the suit cannot be dismissed on this ground. The plea of the petitioner that the petitioner was separately required to be served personally is therefore not tenable. The petitioner was not a tenant in common. He had inherited a joint tenancy along with his brother and other legal heirs.

24. It appears to us, in the case of H.C. Pandey v. G.C. Paul (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 are 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 aforesaid judgment of Hon'ble Apex court, our High Court and even other High Courts, 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 and it is a single tenancy which devolves on the heirs. There is no division of the premises or of the rent payable therefor. In other words, the heirs succeed to the tenancy as joint tenants and not as tenants in common.