statutory tenant, the heirs
of the statutory tenant had no right to remain in
possession of the premises, as statutory tenancy was
not heritable ... contractual tenancy and notwithstanding the
termination of the contractual tenancy,
Wasti Ram had an estate or interest in the
demised premises; and tenancy rights
High Court and applied to statutory tenancies runs
counter not only to the principles underlying creation of
statutory tenancy rights in agricultural land, throughout ... tools for defeating clearly expressed statutory intentions.”
A statutory protection granted for the benefit of the tenants under specific tenancy
laws is to be viewed
representatives."
37. The question with regard to heritability of a statutory tenancy of commercial premises came up for consideration in the case of Gian ... Rent Control Act, 1815, that the rule of heritability extends to statutory tenancy of commercial premises as much as to residential premises, and that
concluded, vis-a-vis, the devolution, of, the statutorily
contemplated, statutory tenancy(ies), being cumulative, vis-a-
vis, the statutorily enshrined legal heirs, and, obviously ... devolution, of, the statutory tenancy, vis-a-vis, all the enshrined
statutory heirs, being not successive, (iv) and, thereupon, it
concluded
where
the question which arose was whether statutory tenancy is heritable.
In Gyan Devi Anand (supra), the correctness of the decision in Ganpat
Ladha
rent control law, where the tenancy is known as
statutory tenancy, is concerned, the position is peculiar. Ordinarily,
tenancies ... held in two capacities: tenancy-in-common and joint
tenancy. These two capacities have diferent incidents. Joint tenancy
denotes unity of commencement of title, unity
created by the Special Statute would be construed as a statutory
tenant, the statutory tenancy making no provision for
inheritance, confers no right
circumstance where the
predecessor was a statutory tenant, on the death of such
statutory tenant the tenancy is inheritable by all the legal
heirs ... wherein inter alia it is held that the statutory tenancy
under the Rent Act is heritable. To the same effect the
decision in the case
legislature has consciously decided to give a go-by
to the statutory tenancy or tenancy without a written agreement which has
proven ... legislative policy to bring the rights of parties
from the statutory tenancy to that of the contractual obligations between the
parties. The same by itself
section 116 of
the Act 1882, the tenancy in question would be a month to month
tenancy which has been lawfully determined by the plaintiffslandlords ... tenders the
rent as the rent payable under the statutory tenancy, the
landlord cannot, by accepting it as rent, create a tenancy by
holding over
