(1.) Once more we are faced with the question : whether under the Rent Act the heirs of the tenant have any right to remain in occupation of the premises after the death of the tenant? The Facts :
(2.) These are the tacts. One Faqir Chand was the tenant of the first and second floor of property bearing municipal No. 3393 owned by the respondent landlord Lakshmi Narain Bansal. He was paying Rs. 44/- per month as rent and Rs. 6/- on account of water charges. The landlord sent a registered notice dated 25-10-1969 to him terminating his tenancy by the end of November 1969. This notice was served on him. The tenant died on 5-12-1969 leaving behind 4 sons, 2 daughters and a widow. In February 1970 the landlord brought a suit for possession against the heirs. The suit was decreed by the learned subordinate judge. From his order dated 29-7-1978, the sons and daughters of the tenant appeal to this Court. The widow had died during the pendency of the suit.
(3.) The landlord claimed that Faqir Chand was a statutory tenant. As his tenancy had been terminated he was entitled to the protection of the Rent Act during his lifetime. After his death the heirs have no right to remain in occupation of his property. On these allegations he claimed a decree for possession.
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