- (1.) The only argument advanced by learned counsel for the petitioner is that petitioner inherited tenancy along with other family members after death of his father Sri Prakash Chandra Jain, who was initial tenant in premises in question namely House No.195, Top Khana Bazar, Meerut Cantt. but unless notice is served on all the tenants including petitioner separately, mere actual service of notice upon defendant no.5 i.e. Sri Subhash Chandra Jain, son of Late Prakash Chandra Jain, it cannot be said that service would be deemed sufficient against petitioner being a co-tenant. He submitted that here proceeding was in the Court of Small Cause and therefore, in view of Section 17 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as "Act, 1887"), provisions of Code of Civil Procedure are applicable and applying Order V, Rule 11 C.P.C., service upon all the defendants was a condition precedent.
(2.) However, I find no force in the submission. A perusal of order impugned in the writ petition shows that there were six legal heirs of late Prakash Chand Jain, initial tenant, who succeeded tenancy rights after his death in respect to the accommodation in question and this included petitioner also who was impleaded as respondent-defendant no.4. Notices were issued to all defendants but it appears that some of the defendants were reported to have refused service including petitioner whereafter service was effected by pasting of notice on accommodation in question. The Court also directed for service of notice by publication which was published in a daily newspaper "Dhawa Reporter". It is in addition thereto Courts below found that respondent no.5 was actually served and that service was admitted.
(3.) The Courts below, in the above circumstances, have admitted service of notice upon all the defendants sufficient and in absence of anything to discredit or dislodge the aforesaid service on the mere affidavit, petitioner tried to dispute service which has not been believed by both the Courts below. Besides other, the Courts have also followed general principle that in the matter of dispute between landlord and tenants, where, after death of initial tenant, tenancy rights are devolved in all legal heirs, they are co tenants. Service of notice of proceedings upon a co-tenant shall be service upon all the co-tenants and neither it is necessary to implead all the co-tenants nor in the matter of service, if one is served, proceedings will be bad for non service of notice upon the others.;