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
respect of a shop room. After the death of Kalipada, his tenancy devolved upon his widow Sabitri Bala. The plaintiff instituted Title Suit ... Sabitri Bala and Kalipada and as such he has inherited the tenancy on the death of Sabitri Bala.
4. The learned Munsif by the judgment
Section 5 . Inheritability of tenancy.--(1) In the event of death of a tenant, the right of tenancy shall devolve for a period of five ... this fact has not been disputed by the respondent-landlord the tenancy would devolve on her for a period of 5 years from the date
residence in that building;
It is not disputed at the Bar that tenancy is a heritable right and the
only limitation imposed, by the definition ... deemed vacancy had occurred. On
the death of Suraj Prasad tenancy rights devolved on Deo Narain, he being
the only heir. He too became
deceased Paras Ram and
after his death the tenancy had devolved upon his widow, sons
and daughters but the eviction petition was filed against
held that even in respect of the non-residential premises the tenancy rights devolve on the heirs of the deceased-tenant. There is absolutely
another, or by claiming title in himself. A mere
renunciation of tenancy without more, though it may operate as a
surrender, cannot amount ... enough".
After the creation of the tenancy if the title of landlord is
transferred or devolves upon a third person the tenant
seek remedy or not. It is correct to say that a tenancy right is individual heritable right which cannot be similar with other. A tenant ... accept individual tenancy right. On the contrary, the entire writ petition is full of fact about how the tenancy right has been devolved upon
Kedar Nath, who was tenant and after his death, tenancy was inherited by his wife. Kedar Nath had no offspring and the petitioner ... tenancy will be devolved on the petitioner by Hindu Succession Act and the petitioner would be the heir according to the provisions of Hindu Succession
that he is a person on whom the tenancy of the shop in question will devolve after the death of Basu Deo. The finding ... family member of Basu Deo, hence he cannot Inherit the tenancy rights. Prescribed authority allowed the application. Uttam Chandra preferred an appeal. The appellate court