Bombay Rent Act – Right to inherit tenancy after the death of tenant – Landlord-tenant relationship subsists even after death of tenant

Bombay Rent Act – Right to inherit the tenancy after the death of tenant – Landlord-tenant relationship subsists even after death of tenant

In 1994, the suit premises used to run the hotel with tenant Sukhalal was purchased.  However, the landlord did not ask the tenant  to vacate the suit premises since he was not well and he was living alone.   After the death of tenant, the respondent nos.1 to 3, who are sons of three sisters of the tenant, held the possession of the suit premises.

The landlord filed the suit under the Bombay Rent Act for possession amongst others on the ground that the tenancy had automatically ceased and the respondent nos. 1 to 3 were the trespassers.   Respondent no.5 being legal heir was entitled to succeed tenancy.

The main defence was that respondent no.4 was mother of the tenant and respondent no.2 was running the hotel with the tenant.  Hence, they inherited tenancy.  During pendency of the suit, respondent no.4 mother of the tenant died.  However, her heirs were not brought on record.

HELD – The Act provides for tenancy is transferable by succession. The suit premises were not used from 1994.  The evidence proves that the respondent no.4 was never in the suit premises with deceased tenant and that the respondent no.2 had no occasion to help or run the hotel in the suit premises.  The cause of action to recover possession arose against respondent no.4 and hence, the Rent Court has jurisdiction.