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6. It was claimed that in view of provisions of Rent Act after death of Dalip Chand Goel, the tenancy had devolved only upon respondent No. 1 Jawala Devi, however, children of Dalip Chand Goel were arrayed as respondents in the petition to avoid any legal objection in of future on behalf of them, alleging denial of opportunity of being heard.

9. In reply filed by legal heirs of respondent No. 2 Amrit Lal Goel, it was claimed that tenancy was in the name of Amrit Lal Goel and Mohan Lal Goel, who were carrying business in the premises and after death of Amrit Lal Goel, tenancy right in the premises devolved upon his legal heirs and, therefore, other respondents were unnecessarily joined in the petition. It was alleged that landlords had failed to properly allege the so called additions and alterations to the premises. It was also claimed that premises in reference stood acquired by the State of H.P. for widening of the road and landlords had already received compensation 7 2025:HHC:37872 for acquisition of the same and thus they had no locus to maintain the petition. In alternative it was pleaded that in case petitioners were found to be owners/landlords of the property, then tenancy of the premises was .

27 2025:HHC:37872 Provided further that a right to tenancy shall not devolve upon a successor in case he or his spouse or any of his dependent son or daughter is owning or occupying a premises in the urban area in relation to the premises let.

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Explanation-II.- The right of every successor, referred to in Explanation-I, to continue in possession after the termination of the tenancy, shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs; and.]"

43. From aforesaid provisions, it is quite clear that in the event of of death of a person/tenant continuing in possession his tenancy shall firstly devolve upon his surviving spouse, and in absence of first, rt secondly upon his son and daughter or both if there is no surviving spouse or if the surviving spouse did not ordinarily live with the deceased person as a member of his family upto the date of his death; thirdly in absence of first and second, on parents and in absence of first, second and third, fourthly on daughter-in-law etc. Explanations clearly provide order of succession of tenancy. In the present case, Jawala Devi was alive and living with her husband upto the date of his death and therefore, she was only entitled for succession of tenancy and others legal heirs, mentioned in Clauses (b) (c) and (d) of Explanation-I, were not entitled for succession of tenancy of Dalip Chand. As per Explanation-II, right of every successor referred to in Explanation-I, shall be personal to him and on the death of said successor tenancy will not devolve upon his any legal heirs. In view of unambiguous provisions of Rent Act plea regarding 28 2025:HHC:37872 necessity of issuing notice to all legal heirs of Dalip Chand and claim of them that they all are tenants, is not sustainable.