amendment is as
follows:
"(1) Where a tenant (other than a permanent
tenant) dies, the landlord shall be deemed to have
continued the tenancy ... observed:
" Section 40(1) provides that where a tenant other
than a permanent tenant dies, the landlord shall be
deemed to have continued
death of a tenant". The tenant referred to therein is a
tenant under the new Act. The word 'tenant' used in that ... case of the predecessors of the tenant
who was the original tenant, who died prior to the coming
into force
tenancy rights to the successors of
tenant and such tenancy rights get extinguished the moment
tenant dies. If the tenant dies during the pendency ... tenant
is not exhaustive. Hence, a successor of tenant who inherited
tenancy under Section 5 is a tenant under Section 3(n) and
tenant under
tenancy rights to the successors of
tenant and such tenancy rights get extinguished the moment
tenant dies. If the tenant dies during the pendency ... tenant
is not exhaustive. Hence, a successor of tenant who inherited
tenancy under Section 5 is a tenant under Section 3(n) and
tenant under
definition of tenant in clause (ii) to include certain heirs of the tenant who were ordinarily living with the tenant in the premises as members ... regarded as tenant but only as statutory tenant.
THE FACTS:
8. The appellants before us are heirs of tenants of premises let out for nonresidential
tenant, was alleged to have been lifted. During the pendency of the said applications, before the Controller, the tenants died. The possession of the promises ... company, which was the tenant in that case , without leaving any legal representative. But, if the tenant died leaving legal representatives (as has happened
death of the original tenant, the heirs of the
original tenant who were dependent on the original
tenant and were residing with him will ... year from
the date of death of the original tenant, in case the
original tenant died after the 1997 Act came into effect
Section 40 (1) reads as under:
"Where a tenant (other than a permanent tenant) dies, the landlord shall be deemed to nave continued ... cannot operate against the tenant himself. We have thus no hesitation in holding that the heirs of any tenant dying during the period
force.
As already stated above, the appellants had become tenants when the
original tenant died in 1994 and there is no clear provision ... intended to protect the heirs of a tenant
under the 1956 Rent Act , the tenant having died before coming into force of the
new Rent
premises retaining a part with the tenant. But ordinarily there will be one tenant. The tenant who died was one tenant and the transmission ... tenants-in-common and not as joint tenants.
To be frank, these expressions "tenants-in-common" and "joint tenants" were
