When original tenant dies - 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 the property, as party
SUPREME COURT OF INDIA
Suresh Kumar Kohli v/s Rakesh Jain 2018 AIR(SC) 2708 (2018) 6 SCC 708 : (2018) 130 ALR 83 (2018) 2 ARC 40: (2018) 6 CTC 86: (2018) 3 SCR 301
Rent Law Concept of Tenancy-Joint tenancy -When original tenant dies, legal heirs inherit tenancy as joint tenants and occupation of one of tenant 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 the property, as party-Eviction petition against one of joint tenant is sufficient against all joint tenants and all joint tenants are bound by order of Rent Controller.
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