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K.N.SAIKIA, K.RAMASWAMY
Tara Chand – Appellant
Versus
Ramprasad – Respondent
Ratio Decidendi:
A contractual tenancy, even after termination by notice under Section 106 of the Transfer of Property Act and continuation as a statutory tenant, creates a heritable estate or interest in the leasehold premises governed by the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. (!) (!) (!) (!) [1000221070013][1000221070014] Upon the death of such a statutory tenant, the rights to succession vest immediately in the nearest heirs under the applicable personal law (e.g., Class I heirs under the Hindu Succession Act), without abeyance, and cannot be divested except by retrospective legislation. (!) [1000221070015] These heirs step into the shoes of the deceased tenant, enjoying full tenancy rights and protection against eviction except on grounds specified in Section 13(1)(a) to (k) of the Act. (!) (!) (!) (!) [1000221070015][1000221070016] The 1975 Ordinance (replaced by Act 14 of 1976) amending the definition of "tenant" under Section 3(vii) to limit succession to specified family members ordinarily residing or carrying on business with the deceased is prospective and does not apply to or divest vested succession rights opened prior to its enactment. (!) (!) (!) [1000221070001][1000221070015][1000221070016]
Judgment
K RAMASWAMY, J.- The appellants had leave under Article 136 to appeal against the judgment and decree of the High Court of Rajasthan at Jaipur Bench in Second Appeal No. 240 of 1978 dated July 5, 1985 reversing the decrees of the courts below and decreeing the suit for ejectment of the appellants from the demised shop in Jaipur. The facts lie in a short compass: that Smt Anandi, wife of appellant 1 and the mother of appellant 2, Nand Kishore had lease of the demised premises for 11 months from May 1, 1964 on payment of monthly rent of Rs 18 which expired on March 31, 1965. The respondent landlord terminated the lease by a notice under Section 106 of Transfer of Property Act but she remained in possession and enjoyment of the shop carrying on small kirana business. She died in September 1966. The demised premises are governed by the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act 26 of 1950 for short the Act). Section 13(1) thereof, postulates that "notwithstanding anything contained in any law or a contract, no court shall pass any decree or make any order in favour of the landlord, whether in execution of a decree or otherwise evicting the tenant so long
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