deceased, was inducted as a tenant and
after his death, the tenancy devolved upon the opposite party
nos.6 & 7 being his wife ... Dasgupta. There is no dispute about it and so they
inherited the tenancy. The applicant contended that he was a
joint tenant with Jyostshamoy Dasgupta
Court observed,
inter alia, that in order to terminate the tenancy notice must be given to each of the tenants-
in-common. It appears that ... effect that on the death
of the original tenant a single tenancy devolves upon the heirs of the original tenant and
such heirs succeed
joint tenancy of the original plaintiffs and the original defendant no. 2 and 3, but the
said tenancy is an exclusive tenancy of the original ... parties deleting the paragraphs wherein it was stated that the said tenancy devolves
upon the original plaintiffs and original defendant
cont5rol legislation, the tenant would have been entitled
to stay in the tenancy premises, the wife too can continue
to stay exercising her right ... lost interest in
protecting his tenancy rights as available to him under
the law, the same right would devolve upon and inhere in
the wife
said decree in execution.
According to the petitioner, the said tenancy
was held by his father and upon his death, he, along with
the proforma ... petitioner is
that the tenancy originally stood in the name of his father
and upon his death it devolved upon his heirs and legal
representatives
includes any person continuing in possession after the
termination of his tenancy or in the event of such person's death, such ... tenancy by issuance of the notice to quit, status of the tenant was that of a
statutory tenant. Even after the determination of the tenancy
dependants of the said Sudhir Kumar Bose whose estate
devolved on the plaintiff by testamentary succession.
It was also contended that permitting the opposite
party ... would not run contrary to
the provisions of the West Bengal Premises Tenancy Act,
1997 , for, in terms thereof, the landlord need
looking after the affairs of the Registrar's
Office. The tenancy of Subrata Ghosh, the tenant of
the petitioner has also been treated ... been
approved. Therefore, the question of Arati's share
devolving on the legal heirs and representatives does
not arise. The petitioner has been recorded
M/S M.K. & Sons vs C.E.S.C. Limited & Ors on
Golap Kanti Chattopadhyay vs The State Of West Bengal & Ors on 25 February, 2011
