Supreme Court of India · 1989-04-28
H.C. PANDEY vs G.C. PAUL
- Citation / case number
- SC 1979/62873
- Court
- Supreme Court of India
- Petitioner
- H.C. PANDEY
- Respondent
- G.C. PAUL
- Author
- R.S. () PATHAK
- Bench
- R.S. (CJ) PATHAK
Judgment text excerpt
The Supreme Court held that upon the death of a tenant, the tenancy rights devolve on the heirs as joint tenants unless stated otherwise. The Court found that a notice under Section 106 of the Transfer of Property Act, served only to one heir, was valid as the respondent acted on behalf of all heirs. The Court overruled the High Court's view that heirs hold tenancy as tenants in common, restoring the First Appellate Court's decree and allowing the landlord's appeal.