AIR 1980 BOMBAY 208 ::(1980) Mah LJ 105

Bombay High Court

Hon'ble Judge(s): Deshpande, Kotwal , JJ

Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.88B, S.27, S.40, S.30— Statutory tenancy in respect of land covered by S.88B - Whether heritable. S.A. No. 1481 of 1967 (Bom), Reversed. Transfer of Property Act (4 of 1882) , S.105— It is true that Chap. V of the T.P. Act dealing with leases of the immovable properties, does not expressly make tenancies inheritable. This inheritability however, flows firstly from tenancy being an interest in the property and secondly, from contract of tenancy in the very nature of things, being enforceable by or against the heirs of the parties to the contract. Every tenancy whether contractual or statutory is ordinarily heritable, heritability being an incident of tenancy. One has to examine the statute to ascertain if it is destructive of the same. The contention that exclusion of Section 40 from its operation to the lands belonging to a public trust covered by Section 88B itself is indicative of legislative intent to the contrary is without substance. Section 40 is merely restrictive of right of inheritance to a few out of the many heirs. In application of S.40 results merely in the opening succession to all the heirs of the deceased tenant, and not destroying the inhabitability itself Section 30 is merely clarificatory and declaratory of what is even otherwise implicit. The Section by itself does ....