Whether eviction suit can be instituted validly against one

"The contention of the learned counsel for the petitioner that the eviction petition was not maintainable due to non- joinder of legal heirs of Sharnagat Singh, who was the son of original tenant, is unsustainable. It is settled legal position that it is not necessary for the landlord to implead all the legal heirs of the deceased tenant. It is sufficient if the landlord files an eviction petition against any one of the joint tenants and all the joint tenants are equally bound by the order in the eviction petition filed against one of the tenants."

"It is also settled law that when original tenant dies, the legal heirs inherit the tenancy as joint tenants and occupation of one of the tenant is occupation of all the joint tenants. It is not necessary for landlord to implead all legal heirs of the deceased tenant, whether they are living in the property or not. It is sufficient for the landlord to implead only those persons who are living in the property, as party. There may be a case where landlord is not aware of all the legal heirs of deceased tenant and impleading only those LRs who are in occupation of the property is sufficient for the purpose of filing Eviction Petition. An eviction petition against one of the joint tenants is an Eviction Petition against all the joint tenants and all joint tenants are bound by order of the Rent Controller as joint tenancy is one tenancy and is not a tenancy split into different legal heirs. Thus, the plea of the tenants on this count must fail."

 Citation: 2014IAD(Delhi)752, 2014(140)DRJ296