Heirs of
deceased tenant-Whether enjoy protection under the Act-
Commercial tenancy-Whether heritable.
HEADNOTE:
The appellant's husband was the tenant in respect ... contractual tenancy is
heritable and he contends that notwithstanding the
termination of the contractual tenancy of the tenant in
respect of any commercial premises
made available
in respect of commercial premises.
34. It may be noticed that the Legislature itself treats
commercial tenancy differently from residential tenancy ... made applicable to commercial premises."
358
11. It is also appropriate to state that a commercial
tenancy is much more valuable and precious than
premise is a shop and the tenancy in question is a
commercial tenancy. It is further contended that as per the settled
law, commercial tenancy ... further the contention of counsel for
respondents that since commercial tenancy is heritable; notice of
termination of tenancy is of no consequence. Reliance has been
final opinion. Legislature never
intended to apply Section 25B to commercial tenancy.
Since, the procedure of Section 25B was harsh which
was made looking ... residential
premises, Section 25B should not be ipso facto
applied to commercial tenancy. In other case, the
tenant has right to file written statement which
livelihood from a
commercial place at the behest of the landlord and proceeding
to affect the longstanding status quo of commercial tenancy on
the ground ... commercial place at the behest of the landlord and proceeding to affect the
long standing status-quo of the commercial tenancy on the ground
shop. Thus, the nature of the premises was
purely commercial. His contractual tenancy was determined by the landlord
RSANo. 58/2012 Page ... tenant in respect of the tenanted premises which is
commercial premises, the tenancy right which is heritable
devolves on the heirs under the ordinary
made
available in respect of commercial premises.
***
34. It may be noticed that the Legislature itself
treats commercial tenancy differently from
residential tenancy ... tenant, is not made applicable to commercial
premises.‖
11. It is also appropriate to state that a commercial
tenancy is much more valuable and precious
view of Section 2 (l) of the Act, succession of a
commercial tenancy is inherited by all the legal heirs of the original
tenant after ... appellant that the legal position in
relation to the commercial tenancy in the Delhi Rent Control Act the
issue of subletting as a ground
Tenancy protected by statute is statutory tenancy, which is
heritable in the absence of any succession law incorporated in the Act.
Therefore, the tenancy ... supra is concerned the
same is to the effect that the commercial tenancy is heritable
by the legal representatives of the statutory tenant
decree for ejectment passed by a civil court qua a commercial
tenancy in the State of Delhi before the declaration of law by the Supreme ... tenancy continues
to have an estate or interest in the tenanted
premises and the tenancy rights both in
respect of residential premises and
commercial premises
