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Supreme Court Of India

(From: 2014 (2) ADR 49)

Hon'ble Judge(s): R. K. Agrawal, Abhay Manohar Sapre , JJ

Transfer of Property Act (4 of 1882) , S.106— Tenancy - Succession - Suit premises let out jointly to Tenant and his son as reflected from lease deed - Upon death of tenant, his son inheriting property as joint tenant - Thus, notice of eviction served to one legal heir of deceased-tenant is sufficient against all other tenants in case of joint tenancy. Delhi Rent Control Act (59 of 1958) , S.14(1)(e)— When original tenant dies, legal heirs inherit tenancy as joint tenants and occupation of one of tenants is occupation of all joint tenants. It is not necessary for landlord to implead all legal heirs of deceased tenant, whether they are occupying property or not. It is sufficient for landlord to implead either of those persons who are occupying property, as party. There may be case where landlord is not aware of all legal heirs of deceased tenant and impleading only those heirs who are in occupation of property is sufficient for purpose of filing of eviction petition. Eviction petition against one of joint tenants is sufficient against all joint tenants and all joint tenants are bound by order of Rent Controller as joint tenancy is one tenancy and is not tenancy split into different legal heirs. .....