Whether widow of deceased tenant is entitled to inherit commercial tenancy even if she was not using said premises along with deceased tenant?

After the 1978 Amendment, it is only in the absence of member of the tenant's family residing with the tenant at the time of the death of the original tenant, that any heir of the deceased tenant acquires tenancy rights under the Rent Act. From this, it follows that under the unamended 1947 Act, the Division Bench of this Court had recognised that the provisions of 1947 Act were not made to supersede the rights to inheritance of tenancy vesting in the heirs on the death of the original tenant. Further, after the amendment, such rights shall accrue to the legal heirs of the deceased tenant, only in the absence of member of the tenant's family residing with the tenant at the time of his demise. In both situations, therefore, devolution of the tenancy upon the heirs was contemplated, except that after the 1978 amendment, the devolution upon the heirs in accordance with law of inheritance was made subject to absence of any member of the tenant's family using the tenanted premises for the purposes for which they were let out along with the original tenant, at the time of the demise of such original tenant.

11. In view of the aforesaid, it cannot be said that the impugned judgment and decree made by the Appeal Court is either in excess of jurisdiction or the same is vitiated by any illegality or material irregularity. In this case, there is no serious dispute that the suit, which has now been decreed, was instituted by the wife of the original tenant and consequently a legal heir of the original tenant. Assuming, therefore, that the wife was not using the suit premises for commercial purposes, at the time of death of her husband, the wife can always claim tenancy on the basis of heir-ship in view of peculiar provisions contained in Section 7(15)(d) of the Rent Act.

IN THE HIGH COURT OF BOMBAY

Civil Revision Application No. 471 of 2015

Decided On: 25.08.2015

Romeo Pascol Kinny Vs. Savitri

Hon'ble Judges/Coram:

M.S. Sonak, J.

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