provision to the
contrary either negativing or limiting the succession,
the tenancy rights devolve on the heirs of the
deceased by the original 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
that on the death of the tenant, it is the
single tenancy which devolves upon the heirs and not the
widow alone. Therefore, this case ... death
of the tenant John Masih, it is the single tenancy which
devolved upon his wife and his three sons, who were found
termination of the tenancy, shall be
personal to him and shall not, on the death of such successor, devolve
on any of his heirs ... deceased tenant:
Provided further that a right of tenancy shall not devolve
upon a successor in case he or his spouse
termination of the tenancy, shall be
personal to him and shall not, on the death of such successor, devolve
on any of his heirs ... deceased tenant:
Provided further that a right of tenancy shall not devolve
upon a successor in case he or his spouse
termination of the tenancy, shall be
personal to him and shall not, on the death of such successor, devolve
on any of his heirs ... deceased tenant:
Provided further that a right of tenancy shall not devolve
upon a successor in case he or his spouse
death of the
person continuing in possession after the termination of his tenancy
shall be as follows:-
(a) firstly, his surviving spouse;
(b) secondly ... deceased tenant:
Provided further that a right of tenancy shall not devolve upon a
successor in case he or his spouse
tenancy is not terminated and the rule estops the tenant from laying
challenge to the ownership of the landlord at the commencement of
.
the tenancy ... landlord.
12. After the creation of the tenancy if the title of landlord is
transferred or devolves upon a third person the tenant
under:
45. Succession to right of tenancy.When a tenant in any
land dies, the right shall devolve.
(a) on his male linear descendants ... absence of relinquishment of tenancy, the suit land
would not in any case revert back to the landlord, but would
devolve upon defendant and other
Gair Mourusi. After the death of
Sh.Gossain, the land mentioned above, devolved upon S/Sh.
Tota Singh, Mangal Singh and Mehar Singh. Sh.Gurdev ... interest. Neither the plaintiffs
nor their predecessor-in-interest ever created any tenancy for
their shares in the aforesaid land in favour of defendant
Mandir Thakurdwara vs Raj Kumar & Ors on 18 September, 2019
Author: Tarlok Singh Chauhan
