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april 1989

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.

H.C. PANDEY vs G.C. PAUL · Niyam