that after the demise of Bomanji on September 27, 1946, his tenancy
devolved upon his widow and five sons which was duly accepted ... tenancy of commercial as well as residential
premises in States where there is no explicit provision to the contrary
and tenancy rights are to devolve
that after the demise of Bomanji on September 27, 1946, his
tenancy devolved upon his widow and five sons which was duly
accepted ... tenancy of commercial as well as residential
premises in States where there is no explicit provision to the contrary
and tenancy rights are to devolve
legal heir cannot bring a suit against the landlord
since the tenancy devolved jointly in favour of all heirs and one of the joint
tenant ... admittedly the tenancy was in
respect of shop i.e. for commercial purpose, the answer is in affirmative. Thus,
tenancy devolved upon all legal heirs
tenants have
acquired many other buildings after the commencement of
the tenancy. The landlady obtained the petition schedule
building under a settlement deed executed ... petitioner years back. On the death of
Cherukutty, the tenancy devolved upon the legal heirs
commercial purpose, thus, Section
2(l) (iii) was not attracted and tenancy rights devolved on all the legal heirs
by applying general law of inheritance ... Gian Devi Anand (supra), in support of her contention that tenancy rights
devolved upon all the legal heirs of Smt. Prakashvati Khanna, in accordance
with
tenant in the year 1985, the tenancy
_______________________________________________________________________
Ex.F.A. No.14 of 2009 Page 2 of 13
devolved upon his son Shri ... sons, Shri Ajay Sharma &
Shri Mukesh Sharma because a contractual tenancy devolves
equally upon all the legal heirs. He further submits that
death of a tenant, it is a single indivisible tenancy that
devolves upon his heirs. No amount of evidence and astute drafting of
pleadings would ... Page 15 of 34
provision to the contrary, the tenancy rights devolve on the
heirs of the deceased tenants jointly. The incidence of the
tenancy
that the tenancy of the land of
religious trust was not heritable. The Tribunal found that, even
assuming that the tenancy devolved on Thakubai ... suit
was filed against her regarding tenancy right, the same would not
devolve on the defendants on her death. The Tribunal observed
that
provide that a tenancy
shall be determined on the death of a tenant made
the tenancy heritable and that a deemed tenancy
under Section ... tenant, namely, his
estate or interest in the land, and the tenancy
devolves on the heirs if there is intestacy and on
Page
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 ... heirs succeed to the tenancy
as joint tenants. Therefore, when on the death of
the original tenant the tenancy rights devolved
upon the sons, daughters
