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Showing contexts for: tenancy devolving in Sh. Padam Chand Sharma vs Sh. Pradeep Aggarwal on 9 September, 2011Matching Fragments
37. The plaintiff has therefore failed to establish that the other legal heirs of deceased Parmanand Aggarwal had impliedly or expressly surrendered their tenancy rights or that a fresh oral tenancy had come into existence between the plaintiff or his mother/father on the one hand and Sh. Hari Om Aggarwal on the other hand.
CS no:279/07 Page No: 20/36
38. The next contention of the plaintiff is that in that even as per the Delhi Rent Control Act the wife of Sh. Parmanand Aggarwal should have only become the tenant but she did not deal with the landlord and Sh. Hari Om Aggarwal started dealing with the landlord which shows that Sh. Hari Om became the sole tenant. This contention of the counsel for the plaintiff holds no water as the wife would have solely inherited the tenancy only if the contractual tenancy of the deceased tenant Sh. Parmanand had been terminated during his life time. Nothing has been brought on record to show that the tenancy of Sh. Parmanand Aggarwal was terminated during his life time. Thus, Sh. Parmanand Aggarwal at the time of his death was a contractual tenant and not a statutory tenant. The tenancy right would not therefore devolve in terms of section 2(l) of the Delhi Rent Control Act but would be inherited by all the LRs of Parmanand Aggarwal jointly as joint tenants. To that extent even the contention of the defendants that they are co tenants is not correct.
39. In the judgment titled as "Harish Tandon v. Addl District Magistrate, Allahabad, U.P."reported as AIR 1995 SUPREME COURT 676 it was held:
CS no:279/07 Page No: 21/36 " .........22. However, this Court in the case of H. C. Pandey v. G. C. Paul, (1989) 3 SCC 77 : (AIR 1989 SC 1470), in connection with the same Act said (para 4 of AIR) :
"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 therefore. That is the position as between the land-lord and the heirs of the deceased tenant. In other words, the heirs succeed to the tenancy as joint tenants."
24. It appears to us, in the case of H.C. Pandey. G. C. Paul (AIR 1989 SC 1470) (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 therefore and the heirs succeed to the tenancy as joint tenants.