DEWAN CHAND Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The judgment will dispose of R.S.A. No. 35 of 1971, E.S.A. No. 9 of 1975 and R. S. A. No. 37 of 1980 since a common question of law has been raised in these appeals.

(2.) Before discussing the facts of each case, we find it convenient to deal with the question raised in these appeals The question relates to the amplitude of section 4 read with proviso to section 28 (2) of the Himachal Pradesh Urban Rent Control Act, 1971 (referred to as the Act), which makes the tenancy heritable to a limited extent.

(3.) Now, a tenant is a lessee to whom immovable property has been transferred under a contract in terms of section 105 of the Transfer of Property Act. In the absence of a contract, a lease of immovable property, other than for agricultural or manufacturing purposes, is to be deemed to be a lease from month to month, and is terminable by 15 days notice expiring with the end of a month of tenancy (section 10o of the Transfer of Property Act). The lease is determined by one of the methods laid down by section 111 of the Transfer of Property Act.