ARTI DASS Vs. TIRATH PARKASH SHARMA

JUDGEMENT

(1.) Heard. In this appeal an interesting question has arisen about the status and right of divorced daughter of the deceased tenant to stay and period of stay in the tenanted premises.

(2.) Premises were taken in Rent by Late Sh. R.N. Das, father of the petitioner. He died in the year 1965. Tenancy of his wife Smt. Bakul Rani Das was terminated. It is submitted that notice was invalid for the petitioner also inherited tenancy rights along with mother and other sisters. Secondly, it is argued that the appellant had never surrendered her tenancy and being daughter, she continued to be tenant and the impugned order is bad in law. Learned Counsel for the appellant further expects this Court to accept that the pleadings were "loosely drafted" and it wrongly gives an impression that she claimed rights to stay in the 'premises only through her mother and not independently,

(3.) On the other hand it is argued that the respondent did not remain a family member after her marriage. She had already surrendered her rights in the property when the rent was paid only by Bakul Rani Das or by the appellant on her behalf. She did not have any independent light to stay in the premises.