Inheritability of tenancy.- (1) In the event
of death of a tenant, the right of tenancy shall
devolve for a period of five years from ... they do not inherit the
tenancy. But, Section 5 provides for the right of tenancy
devolving on them for a limited period. After expressly
making
late Ramaiah continued as the tenant
and after his death the tenancy devolved on the petitioner and his
brother Krishnappa. The Tribunal as well ... remand. All through, the case of the
petitioner is that he had tenancy rights equal to his brother
Krishnappa, which in turn are traceable
case is to
an inheritor of the tenancy based on the fact that he had
inherited the tenancy rights from his mother just ... this Court, wherein it has been stated
that when the tenancy rights devolves it is not on only one
of the heirs
partition. The
property that devolved upon the plaintiff was a tenanted
property. However, in a parallel proceeding pertaining to
tenancy, on an order
tenancy in favour of the defendant stood terminated w.e.f.
23.11.2005.
5. The plaintiff is not interested in continuing the
defendant's tenancy ... plaintiff's son who died intestate and
after his death property devolved upon the plaintiff alone as
class 1 legal heir is not known
whether some only out of several co-
trustees could effectively determine a tenancy by giving notice to
quit and secondly, whether a suit to evict ... Section 36(1) of the Act, the
administration of the trust must devolve upon the Court.
However, the act of one trustee done with
Babusab S/O Peerasab Gamanagatti @ ... vs Maniksab S/O Fakrusab Mullur @ Amargol on 24 August
Enheritafaility ef tenancy -~ {E} :1: the
even? ef fieaih ef e. 'E€::Z8§1"L the righi ... deceased' ienan: :
that :3. righi: :0
tergarliey. sha§3_ S devolve upon a.
ee:.1eeeee'e-r fiV': eaee such successor
R Mothiraj vs Haritha on 1 October, 2012
-1-
IN THE HIGH COURT OF KARNATAKA
Smt Zaire Bee W/O Late Abdul Rehman vs Tayab Sultan W/O Late Abdul
