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17. The said position of law was discussed by the Hon'ble Apex Court in the case of H.C. Pandey vs G.C. Paul; (1989) 3 SCC 77, wherein the Court clarified the position regarding joint tenancy and held that on the death of the original tenant, the tenancy rights devolve upon the heirs as joint tenants and the tenancy remains a single and indivisible one. There is neither division of premises nor of rent payable, and the heirs collectively step into the shoes of the original tenant. The relevant portion of the H.C.Pandey (supra) is reproduced hereinbelow:

"4. It is now well settled that on the death of the original tenant, subject to any provision to the (Uploaded on 09/02/2026 at 10:34:21 AM) [2026:RJ-JP:5771] (10 of 13) [CW-5320/2020] 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...."