PREM PRAKASH KAPOOR Vs. ATMARAM

JUDGEMENT

(1.) This is a tenant's appeal arising out of a suit for eviction.

(2.) On 24/05/1968 the landlord served a notice on the original tenant Prem Sarup Kapoor terminating his tenancy with effect from 30/06/1968. Prem Sarup Kapoor died on 8/08/1969 leaving behind a widow, as on, the son's wife and their two daughters, all of whom, it is not disputed, were living with Prem Sarup Kapoor in the premises under consideration. On 6/08/1970 the widow died. Thereafter, on 6/02/1974 the trial court decreed the suit for eviction. An appeal was dismissed by the learned District Judge on 14/01/1975. The High court dismissed a second appeal on 30/01/1976.

(3.) The point raised before us by learned counsel for the appellants is that on 8/06/1969 when the original tenant Prem Sarup Kapoor died all his heirs were entitled to succeed to the tenancy and the death of the widow on 6/08/1970 could make no difference to the right of the other heirs to continue in possession. On behalf of the respondent our attention has been drawn to the amendment introduced in the definition of the expression "tenant" in S. 2 (1) of the Delhi Rent Control Act, 1958 by the Delhi Rent Control (Amendment) Act, 1976. This amendment, which admittedly is retrospective in operation, limited the heirs entitled to the benefit of the tenancy on the death of the original tenant and the Explanations thereto laid down the order of succession as between the heirs on such death. Having regard to the terms of the expression "tenant" as defined under the amended Act, it is clear that the appellants have no right to continue in the tenancy. It was only the widow who was entitled to succeed to the tenancy of Prem Sarup Kapoor, and it is that tenancy with which we are concerned.