PIRCHAND AND ANOTHER Vs. B. MAHABIR PARSHAD SARAF

JUDGEMENT

(1.) THE only point arising in this second appeal is whether statutory tenancy is heritable or not. The learned counsel for the parties agree that if the answer to this question is in the affirmative then this appeal must succeed.

(2.) THE learned counsel for the appellants has brought to my notice Mohan Lal v. Ram Dass and others, 1980 (1) R.C.J. 607, wherein, after a consideration of the case law, a Division Bench of this Court has held that a statutory tenancy is heritable I am bound to follow this view with respect. Shri Liberhan the learned counsel for the respondent, has cited some judgments of the Supreme Court decided earlier in point of time for the contrary position and has argued that the point canvassed before me was still open to a debate. However, the view expressed by the Division Bench is binding on me and I am not inclined to re -open this matter. This appeal is accordingly allowed but with no order as to costs.