Sibghat Ullah Khan, J. - (1.) This writ petition is directed against order dated 24.11.2012 passed by Prescribed authority/Additional J.S.C.C. Agra in P.A. Case No. 53 of 2008 Smt.Kubra Begum and another v. Sri Mahendra Singh which is a release application under Section 21 of U.P. Act No.13 of 1972.
(2.) The original tenant Mahendra Singh died and present revisionist Sanjiv Kumar son of Mahendra Singh was substituted at his place. When arguments started in the release application petitioner filed application that Mahendra Singh had left behind other heirs also hence Release Application must be dismissed for non joinder of necessary parties. It is mentioned in the impugned order that 7 dates had passed but argument had not started on the ground that tenant was getting the dates adjourned. On inquiry from court, learned counsel for tenant petitioner states that the property in dispute is two room residential house rent of which is only 70/- per month.
(3.) The current rent of such an accommodation in Agra may not be less than fifty times of the existing rent. This negligible rent is main attraction for the tenant to delay the proceedings. First of all in case of residential buildings only those heirs inherit the tenancy who were residing with the tenant at the time of his death. Secondly, in view of Supreme Court Authorities reported in Harish Tandon v. A.D.M. Alld, 1995 SC 676 and A.C. Juker v. K.P. Mantri, AIR 2001 SC 2251 after the death of the tenant his heirs inherit tenancy jointly and in case of joint tenancy even one joint tenant can represent all. Accordingly, even if it is assumed that some other legal representative of the deceased tenant was residing with him, his interest shall also be represented by the petitioner.;