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Documents citing Shri Harish Tandon vs The Addl.District Magistrate, ... on 5 January, 1995

Dau Dayal Sharma (Since Dead) And Ors. ... vs Ravi Kumar And Ors. on 15 April, 2008

In this connection reference may be had to the case of Harish Tandon v. Addl. District Judge, Allahabad and Ors. 1995 (25) ALR 184 (SC) wherein it was held by the Apex Court that after the death of the tenant, his heirs/legal representatives become only joint tenants and they do not inherit the tenancy rights as tenants-in-common. It is a single tenancy which devolves on the heirs and there is no division of the premises or of the rent payable. The heirs/legal representatives, therefore, succeed to the tenancy as joint tenants. The result is that any action of any of the joint tenants binds the others.
Allahabad High Court Cites 11 - Cited by 1 - D Gupta - Full Document

Sh. Atal Behari Sharma vs Sh. Nitin Kakkar on 19 January, 2015

Therefore, there is no merit in the application for leave to defend and the same deserves to be dismissed. 28 The court is of the considered view that it is no longer res integra that heirs of a deceased tenant are joint tenants and not tenants in common. E­409/2013 Page 25/28 Therefore, it is not essential to implead all the heirs of the deceased tenant. Reference can be made to judgment of Hon'ble Supreme Court in the case of Harish Tandon Vs. Addl.
Delhi District Court Cites 18 - Cited by 0 - Full Document

Baboo Lal vs Smt. Shiv Kumari And Anr. on 25 February, 2005

In Harish Tandon's case, the Apex Court has clearly held that after 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 therefor and the heirs succeed to the tenancy as joint tenants. In this view of the matter, it is crystal clear that after death of Basant Lal, his widow and sons became joint tenants alongwith petitioner of the premises in question. Admittedly, Ram Autar purchased a house in Usmanpur Colony Juhi Gaushala Kanpur. It means, the provision of Sub-section (3) of Section 12 of the Act was attracted which provides in clear word that in the case of residential building if a tenant or any member of his family builds or otherwise acquires a residential building in the same City, he shall be deemed to have ceased to occupy the building under his tenancy.
Allahabad High Court Cites 8 - Cited by 0 - M Prasad - Full Document

Seth Bashir Ahmad Bhatti vs Addl. Distt. Judge And Anr. on 26 May, 2006

27. in the facts and circumstances of the case, the revisional court has rightly held that the act of the tenant in entering in to the business with the strangers to the family and that of subletting the property in question, had immediately culminated in termination of his tenancy, declaration of vacancy and a reasonable lawful cause for his eviction from the property in question. Similar views have been expressed by this Court in a judgment in the case of Basant Lal (supra) in which reliance has been placed on a judgment in Harish Tandon v. Additional District Magistrate, Allahabad 1995 (1) ARC 220 : 1995 (1) AWC 106 (SC). The Apex Court has held as under:
Allahabad High Court Cites 7 - Cited by 0 - R Sharma - Full Document

Smt. Musarrat Jahan Alias Rani vs Additional District Judge And 2 Others on 2 December, 2020

8. Having heard learned counsel for the parties and having perused the record, insofar as the principle to be applied is concerned, there is no doubt that notwithstanding the provision of Section 3(a)(ii) of UP Act No.13 of 1972, it is not the position in law that in case of a non-residential tenancy, all heirs of the deceased tenant must necessarily be impleaded as defendant-respondents before such proceeding may arise or be concluded. The position in that regard had been clarified by the Supreme Court long ago in case of Harish Tandon Vs. Addl.
Allahabad High Court Cites 4 - Cited by 0 - S D Singh - Full Document
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