Jharkhand HC allows nephew’s substitution in tenancy case, interprets legal heir provisions [Read Order]

Jharkhand: The Jharkhand High Court has delivered a significant judgment interpreting tenancy inheritance provisions, allowing a nephew to be substituted as a legal heir in an ongoing property suit.

Jharkhand HC Interprets Legal Heir Rules: Nephew Allowed as Successor in Tenancy Case

Justice Subhash Chand made important observations on the interpretation of succession rights under the Jharkhand Building (Lease, Rent, and Eviction Control) Act, 2011.

The court addressed the case of Md. Naseem Khan, the nephew of deceased plaintiff Badrun Nisha, who sought substitution in Original Suit No. 12 of 2020. The court noted, “From the cumulative reading of Section 2(11) of the C.P.C. and the proviso of Section 5 of the Jharkhand Building (Lease, Rent, and Eviction Control) Act, 2011, the petitioner, who has averred himself to be the nephew of the deceased plaintiff, is supported by the pleadings of the plaint.”

Landmark Ruling: Jharkhand HC Clarifies Tenancy Inheritance Under 2011 Act

Analyzing the legal provisions, the court observed, “The first proviso of Section 5 provides that a successor who has ordinarily been living or carrying on business with the deceased tenant as a member of the family up to the date of her/his death and was dependent on the deceased tenant will come under the category of inheritance to tenancy.”

The court highlighted the procedural implications, stating, “The learned trial court and appellate court overlooked the proviso of Section 5 of the Tenancy Act, leading to a perverse finding.”

In response to the previous rejection of substitution, the court set aside the lower courts’ orders, concluding, “The impugned orders are based on a perverse finding and need interference. Accordingly, this Civil Misc. Petition deserves to be allowed.”

The court directed the trial court to permit the petitioner to incorporate amendments to the original plaint as a legal heir of the deceased plaintiff.

Advocate Rajiv Sinha appeared on behalf of the petitioner, while Advocate Suraj Prakash represented the opposite parties.

Case Title: Md. Naseem Khan vs. Managing Committee Masjid Dumka & Ors.
 

[Read Order]