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
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
case this clause will not be attracted as the rights of tenancy devolved
only subsequent to the acquisition of residence and as there ... case this clause will
not be attracted as the rights of tenancy devolved only subsequent to the
acquisition of residence and as there
residential purposes. After the death of Sh. Aroor Singh, the tenancy
rights devolved upon his legal heirs, i.e., his widow Ms. Om Shanta
Khurana ... rent agreement and after the death of
Sh. Aroor Singh, the tenancy rights devolved upon his legal heirs, i.e., his
widow Smt. Om Shanta
tenancy rights of the
tenanted in respect of the tenanted premises which is commercial
premises and thus the tenancy rights which are inheritable devolve ... tenancy rights of the tenant in respect of the
tenanted premises which is commercial premises, the tenancy right
which is heritable devolves on the heirs
petitioner and in the present petition.
4. No written agreement of tenancy executed, if any is available
with the petitioner. Smt. Shanti Devi ... interest of petitioner and after her demise although her rights of tenancy
devolves upon her legal heirs including respondents. However, only
respondents have been living
contended that after
the demise of Sh. Ram Dayal the tenancy devolved upon all the heirs of Sh.
Ram Dayal including the defendant ... defendant has neither pleaded
nor proved that the tenancy was a commercial one. The tenancy thus
devolved only upon Smt. Bharpai Devi as per Section
irrational results as in that event the succession to
the tenancy rights shall devolve in perpetuity and infinity without their
being any end in sight ... tenancy rights of the tenant in respect of the
tenanted premises which is commercial premises, the tenancy right
which is heritable devolves on the heirs
life time. Thus on the death of Lt. Sh.
Shori Lal, tenancy shall devolve upon all the legal heirs of Lt. Sh. Shori ... tenancy and not
otherwise. Necessary implication is that in case tenancy is not terminated
during the life time of tenant, tenancy would devolve upon
tenant of the suit property who expired on 29.05.1991 and tenancy
devolved upon the respondent who is the son of the deceased. It is
further
