VINOD KUMAR AGGARWAL Vs. SHAKUNTLA KAPOOR

JUDGEMENT

(1.) This second appeal is filed by the appellant/plaintiff impugning the judgments of the courts below; of the trial court dated 3.5.2001 and the first appellate court dated 15.3.2008; which have dismissed the suit of the appellant/plaintiff/landlord for possession against the respondents who are the legal heirs of the original tenant Sh. Vishwa Mitter.

(2.) In Delhi, where premises are governed by the Delhi Rent Control Act, 1958 and the premises are let out only for residential purposes, the tenancy on the death of the original tenant only devolves upon the limited number of persons as per Section 2(l) of the Act provided and if the contractual tenancy of the tenant had not been terminated during the lifetime of the tenant. As per Section 2(l), where a tenant dies leaving behind a spouse who is dependent on the tenant and is also proved to be living with the tenant at the time of death of the tenant, in such a case the tenancy would be inherited by such spouse, and which would be the respondent no.1/defendant no.1 in the present case. As per Explanation III to Section 2(l) (which defines a 'tenant') in case the person who inherits the tenancy as per Section 2(l) on the death of the original tenant, dies subsequently, then, the person in the subsequent category does not become a tenant thereafter because tenancy is inherited only once by the same category of persons.

(3.) For the sake of convenience, entire Section 2(l) of the Act with the required underlining is reproduced hereunder:-