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5. The next question, which is the basic question in the case is whether the notice given by the plaintiff to the defendant was sufficient to terminate the tenancy. The notice exhibit 1 goes to show that the plaintiff had treated the defendant alone as the tenant and had sought to terminate the relationship of landlord and tenant alleged to be existing between him and the defendant. There was no attempt made in the notice to terminate the tenancy of all the persons who were tenants-in-common in respect of the property. It is urged by the learned counsel for the plaintiff that it was not necessary to give notice to all the co-tenants or to indicate even in the notice that the tenancy of each one of them was being terminated. According to the learned counsel notice to one of the co-tenants is notice to all and is sufficient to terminate the tenancy. In support of his contention learned counsel places reliance on the decision of the Supreme Court in Kanji Manji v. The Trustees of the Port of Bombay (AIR 1963 SC 468) and also on some decisions of our High Court. The facts in the case of Kanji Manji (supra) were that a joint lease was executed by assignment in favour of two persons. Notice was given to terminate the tenancy to both of them. Suit was filed against both the tenants. It was found that one of them had died much earlier. His name was accordingly deleted from the plaint in the suit. The Supreme Court on these facts held that the notice to terminate the tenancy as well as the frame of the suit was good. The relevant passage is 'once it is held that the tenancy was joint, a notice to one of the joint tenants was sufficient, and the suit for the same reason was also good.' This was a case of joint tenancy and not a case of termination of tenancy of tenants-in-common. There can be no dispute that the tenants in the present case are not joint tenants but tenants-in-common as the tenancy devolved by inheritance. In the case of Gulam Ghouse Mohiuddin v. Ahmad Mohiuddin Kamisul Qadri (AIR 1971 SC 2184) it was held that the estate of a deceased Mohammedan devolves on the heirs at the moment of his death. The heirs succeed to the
estate as tenants-in-common in specific shares. The right of tenancy is a property right and on inheritance it passes on according to the share of each heir, but it goes by survivorship in case of joint tenants. In the present case it is nobody's case that the rule of survivorship was applicable. The property, therefore, passed on according to the share of each heir and thus all of them became tenants-in-common. Ruling of the Supreme Court in Kanji Manji's case (supra) has, accordingly, no applicability.