heirs to inherits
the tenancy rights of the tenanted commercial or business
premises. The tenancy rights devolved on the heirs under the
ordinary ... succession. Accordingly it was held that the
tenancy rights of Wasti Ram devolved on all the heirs of
Wasti Ram on his death. The ratio
termination of tenancy does enjoy
an estate or interest or estate
which the tenant under the Act
despite termination of the
contractual tenancy continues ... after the determination of the
tenancy continues to have an estate
or interest in the tenanted
premises and the tenancy rights
both in respect
only
the tenancy rights have been excluded from the operation and
Bhoomiswami rights are not tenancy rights but the one
devolved by succession of ownership ... holdings or for the fixation of ceilings or
for the devolution of tenancy rights in
respect of such holdings."
(emphasis supplied)
5. The appellant
this point of initial presumption as to the subsisting
incidence of the tenancy, we shall have to follow the ratio
of Damadilal's case ... other
conditions of the tenancy. His right to remain in
possession after the determination of the contractual
tenancy is personal: it is not capable
held that after the demise
of Tunda the subordinate interest of tenancy rights held by
him stood merged in the proprietary right held by Jallo ... held that since Tunda had the tenancy
rights and on his demise his wife succeeded to the tenancy
rights, by operation of Section
Madhu Kishwar & Ors. Etc vs State Of Bihar & Ors on 17 April, 1996
person shall be deemed to be a co-tenant unless co-tenancy is specifically recognised by the competent authority, on the basis of a writing ... writing creating co-tenancy in favour of the respondent by the land-holder. Section 35 gives right of succession to the tenancy rights held
person shall be
deemed to be a co-tenant unless co-tenancy is specifically
recognised by the competent authority, on the basis of a
writing ... writing creating co-tenancy in favour of the
respondent by the landholder. Section 35 gives right of
succession to the tenancy rights held
order of succession given in Section 24 of the Agra Tenancy Act, the appellant being the brother of the deceased Newaj Mal, is entitled ... have a preferential right to the appellant,
Section 24 of the Agra Tenancy Act prescribes that when a male ex-proprietary tenant, occupancy tenant, statutory
Tribhovandas Haribhai Tamboli vs Gujarat Revenue Tribunal And Ors on 10 May, 1991
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