- (1.) The finding of fact recorded by both the Courts below is that Shrimati Shiv Devi has been residing with her mother Shrimati Sundari and that she continued to do so until the death of Shrimati Sundri. Therefore, the fact would remain that she had started residing in this house after the death of her mother Shrimati Sundari. The question whether in construing the term "heir" as occurring in Section 3(a) of the aforesaid Act, one should give a restricted meaning to that term in view of the limited definition of the word "family" as defined in Section 3(g) of the aforesaid Act stands concluded by decision of this gour reported in the case of Shrimati Rukmani Devi v. III Additional District Judge, Khanpur,1919 ARC 72, in which a learned Judge of this Court has observed that a married daughter residing with her parents would be a heir of tenant within the meaning of Section 3(a) of the Act irrespective of whether or not she could be regarded as a member of the family as defined under Section 3(g). The learned Judge has observed that reference to the definition of the word "family" under Section 3(g) of the aforesaid Act was out of place while construing the provisions of Section 3(a). No warrant for giving to the word "heir" as occurring in Section 3(a) a restricted meaning limiting to the members of the family of tenant as defined in Section 3(g). Held, that respondent No. 1 did not become a tenant under the aforesaid Act and her occupation will be perfectly legal and valid. A married daughter becomes an "heir" within the meaning of the Section 3(a) of the aforesaid Act by virtue of her residence with her parents in their life time. Merely because the married daughter has been allowed to reside with her parents, she could not be deemed to have occupied" the accommodation. There is, therefore, no such anomaly in the application of the different provisions of the Act, if it is held that a married daughter who was residing which her parents, is an heir of her parents within the meaning of Section 3(a) of the aforesaid Act. The last tenant namely Shrimati Sundari Devi has died. The respondent No. 1 has become a tenant namely Shrimati Sundari Devi has died. The respondent No. 1 has become a tenant under Section 3(a) of the Act and is, therefore, in occupation of the accommodation in dispute in her on rights as a tenant. The occupation of respondent No. 1 being lawful and in accordance with the provision of the Act, it could not be treated to be vacant at present, whatever might have been the position in the past.;