Document Fragment View

Matching Fragments

"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 thereof. 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...."

23. In case of a statutory tenancy, the same devolves on the heirs as a joint tenancy vis-à- vis the landlord. However, as explained by the Supreme Court in Mst. Surayya Begum v.

Mohd. Usman inter se the heirs, inherit the property of the predecessor as tenants-in-