where tenant became extinct without leaving any
successor on whom tenancy devolves an order can be made against a
person who took an assignment
settled law that on death of a tenant, the tenancy devolves
upon the legal heirs as joint tenancy. LRs are joint tenants and not tenant
premises in question initially and after his death, the
tenancy devolved upon the respondent as per the family settlement
dated 19.01.2016. It is averred ... there was no occasion for the respondent
no. 2 to surrender tenancy rights, in case he was not a tenant, as
alleged by the respondent
held that on the death of the original tenant, the tenancy rights
devolve on the heirs of the deceased tenant ... incidence of the
tenancy are the same as enjoyed by the original tenant. It is a
single tenancy that devolves on the heirs and there
defendant which was renewed thrice and post his death, as the tenancy
devolved upon the plaintiff being his wife, a so called partnership deed
September 1982
whereafter his father expired on 12.03.1985 and thence the tenancy devolved exclusively
in his favour to the exclusion of the remaining respondents since ... respondents, the extend of half of his
joint & commercial tenancy devolved over to all the respondents by virtue of section 2 (l)
DRCA
provision to the contrary either negativing or
limiting the succession, the tenancy rights devolve on the heirs of
the deceased tenant ... 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
Jain v. Mela Ram Malhotra & Ors
advantage of oral agreement of tenancy, tried to challenge the landlord-tenant
relationship. This Court is thus ... petitioner) had inducted Sh. Brij Lal Malhotra as
tenant and as tenancy devolved upon respondent no.1 and 2 through succession,
the property also devolved
means of clever drafting and taking advantage of oral agreement of
tenancy, tried to challenge the landlord-tenant relationship. This Court is thus of
firm ... petitioner) had inducted Sh. Godha Ram as tenant and as tenancy
devolved upon respondent no.1 through succession, the property also devolved
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respondents namely Smt. Kailash Devi died and after her death, the
tenancy devolved on the present respondents.
(NEETU NAGAR)
JSCC-ASCJ-GJ, South East District