death
of the original tenant, i.e. C. D. Joseph, the tenancy devolved
on the legal heirs of C. D. Joseph and since the Landlord
municipal taxes regularly. Upon death of Madanlal Khemka
tenancy devolved on his legal heirs. On the death of his two
daughters, namely, Maina Devi ... Kanta Devi her tenancy rights
devolved on the defendant Nos.5 and 6 and 7 to 10. Wife of
Madanlal Khemka thereafter died and thus
death of defendant No. 3, his interest in tenancy rights would devolve by survivorship on defendants Nos. 1, 2 and 4 only. This contention, however ... case of a tenancy right.
17. The appeal Bench was, therefore, clearly in error in holding that the tenancy rights devolved by survivorship
original tenant of the suit property,
on his death the said tenancy devolved upon his widow Laxmipriya Das who
also died in December ... appeal Court below is right in holding that the
subject tenancy since was devolved upon the defendants under the said
tenancy in the name of the father of the defendant Sri Chhothram, who has been expired in the year 2003 and after the tenancy devolved
incidence of the tenancy are the same as those enjoyed by the original tenant. It is a single tenancy which devolves on the heirs ... they do not inherit the tenancy rights as tenants-in-common. It is a single tenancy which devolves on the heirs and there
provision
to the contrary either negativing or limiting the succession, the tenancy rights devolve on the heirs of the deceased by the original tenant ... single tenancy which devolves on the heirs. There is no division of the premises or of the rent payable therefor. That is the position
Seth was Karta and when he left for America the tenancy devolve upon him and he is the tenant of the premises ... cannot be held that the tenancy was in favour of Joint Hindu Family and, therefore, the tenancy devolve upon the petitioner.
27. Having considered
Tenancy Act, 1950, is comprehensive enough to include every possibility where mutation of names is to be effected consequent upon legal right vesting or devolving ... removed and the name of tenant in whom vest or devolve tenancy rights under Section 38 is to be entered in his stead. This
plaintiff that since the tenancy of Kishan Gopal had been terminated during his lifetime, the tenancy rights did not devolve upon his heirs or anybody ... held that since the tenancy of Kishan Gopal had not been terminated in his life time and the contractual tenancy devolved upon his heirs
