1. Whether the heirs of a tenant in respect of a shop can be considered as tenants to claim protection under the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called the Act), is the main point for decision of these two cases, (Civil Revision No. 1535 of 1980 and Regular Second Appeal No. 2116 of 1980).

2. The facts of this civil revision are that Gurmukh Singh was tenant in respect of a shop situated within the Municipal limits of Faridabad Town under Gurmukh Dass, Gurmukh Singh tenant died on 3rd June, 1978, and since his heirs occupied the shop thereafter Gurmukh Dass filed a civil suit on 6th of June, 1979, for ejectment of the heirs of Gurmukh Singh tenant and for recovery of arrears of rent up to the date of death of Gurmukh Singh, and thereafter for mesne profits. The plaintiff s case was that under the Act the tenancy in respect of a shop was not heritable and, therefore, the position of the defendants was that of a trespasser. In the written statement, the stand of the defendants was that the tenancy was heritable and as such the civil suit is not competent in view of the Act. On the contest of the parties, a preliminary issue was framed as to