KAMLA SHARMA Vs. RAJINDER SOOD

JUDGEMENT

(1.) The landlady-respondent has filed this application under Sec. 151 of the Code of Civil Procedure (in short 'CPC') seeking directions against the petitioners/non-applicants (hereinafter to be referred as non-applicants) to handover vacant and peaceful possession of the demised premises.

(2.) It is averred that the original tenant was one Shri Ghungar Ram, who left for his heavenly abode prior to the filing of the eviction petition which was filed against his wife Smt. Kamla Sharma. Now that Smt. Kamla Sharma has left for her heavenly abode, therefore, the non-applicants, who cannot be held to be the tenants, are required to be directed to hand over the peaceful possession of the demised premises to the landlady-respondent.

(3.) The legal heirs of Smt. Kamla Sharma have filed their reply to the application wherein it has been averred that both Sh. Ghungar Ram and his wife Smt. Kamla Sharma were living in the premises in question alongwith their children. Therefore, even after the demise of original tenant Shri Ghungar Ram, his tenancy rights came to be inherited by Smt. Kamla Sharma and her children as they were ordinarily residing with Shri Ghungar Ram and after his demise with Smt. Kamla Sharma. All the legal heirs of Shri Ghungar Ram succeeded to the tenancy rights as joint tenants after his demise simultaneously and, consequently, the death of Smt. Kamla Sharma would not put to an end the tenancy rights of the non-applicants.