CHUNNI LAL Vs. RAM LAKHAN

JUDGEMENT

(1.) :-

(2.) THE plaintiffs brought a suit for arrears of rent, ejectment and also for mesne profits from the alleged date of termination of the tenancy of the defendant-respondent.

(3.) THE first appellate court relied upon the case of Smt. Shafiqa (Supra) as a later pronouncement and that was criticised during arguments. But I think that the first appellate court was correct and the law concerning precedence is laid down by the Supreme Court is that if there are pronouncements of the same Court of same number of Judges taking different views, it j is the later pronouncement which has to be followed ; and the decision in the ] case of Smt. Shafiqa (Supra) is a later decision. Apart from that, It is not open to place any reliance upon the case of Smt. Vishnawati (Supra), as it already stands overruled by the aforesaid Division Bench decision of Budh Sen (Supra). In this case it has been expressly held that tenancy rights are heritable and devolve upon all the heirs of the deceased irrespective of the question as to whether some of them are in occupation of the premises.