RAIS AHMAD SIDDIQUI Vs. OFFICER AUTHORISED

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order passed by the Rent Control and Eviction Officer dated 30- 12-1992 whereby he rejected the claim of the petitioner that the disputed accommodation be treated as vacant.

(2.) THE petitioner is the landlord of ihc disputed premises. One Smt. Basanti Devi was tenant of the disputed premises. She died and after her death one Devendra Kumar Pandey, Respondent No. 2, claimed to be in its possession. THE petitioner filed an application that the ac commodation be treated as vacant as Respondent No. 2 has no right and title over the disputed accommodation. Respondent No. 2 filed objection staling that Smt. Basanti Devi had executed a Will in his favour and he was residing at the time of her death. This Court in Abhinandan Prasad Jain v. District Judge, Saharanpur and others, has held that tenancy rights cannot be transferred by executing a Will. Learned counsel for the respondent con tended that the Will having been executed by the tenant in his favour he shall be treated as tenant within the meaning of Section 3 (a) of U. P. Act No. XIII of 1972 which reads as under: "3 (a) "tenant", in relation to a building means a person by whom its rent is payable, and on the tenant's death- (1) in the case of residential building, such only of his heirs as normally resided with him in the building at the time of his death; (2) in the case of a non-residential build ing, his heirs. " Clause (1) of Section 3 (a) con templates two conditions: (1) that the oc cupant should be an heir; and (2) He was normally residing with the tenant in the building at time of his death. Even if a person was residing but he Was not an heir, he will not get the tenancy rights. A person may be entitled to inherit property given in the Will but as regards tenancy rights it cannot be bequeathed.