Legal Heirs Succeed As Joint Tenants, Not Co-Tenants: Rajasthan High Court Upholds Eviction Decree

While dismissing a petition moved by successors of a co-tenant challenging execution of an eviction decree, the Rajasthan High Court held that upon death of the original tenant, legal heirs did not acquire separate or independent tenancy rights. Rather, they stepped into the shoes of the deceased tenant, and succeeded the tenancy as joint tenants.

The bench of Justice Bipin Gupta further observed that unlike co-tenants, joint tenants had collective rights, representing single tenancy. And in such tenancies, service of notice or eviction proceedings against one joint tenant was sufficient to bind all joint tenant, without the need for individual impleadment of all such joint tenants in the proceedings.

The Court was hearing a petition by the successors of an original co-tenant in relation to a property, challenging the execution decree that was passed against them along with successors of other co-tenant on that property.

The property was rented to two co-tenants in 1949, and after the death of these original co-tenants, their family members continued to reside therein without paying any rent or delivering possession of the property. Hence, eviction proceedings were initiated against them which was allowed.

During the execution of the decree, the petitioners raised objection on the ground that since their late father, who was a successor of one of the co-tenants was not made a party to the eviction proceedings, the decree could not be executed against the petitioners. This was rejected by the Rent tribunal as well as the appellate authority. Hence, the petition was filed.

It was argued by the petitioners, that since the original tenancy was a co-tenancy, the petitioners along with successors of other co-tenant were also co-tenants to that property, and were required to be impleaded as party to the eviction suit.

After hearing the contentions, the Court rejected the argument put forth by the petitioners, and based on references to certain Supreme Court precedents, observed that it was a settled law proposition that upon death of original tenant, tenancy rights devolved upon the heirs as joint tenancies.

“Such joint tenancy is indivisible in nature and does not result in the creation of multiple co-tenancies, each having an independent or exclusive right in the tenanted premises. Further, the distinction between 'co-tenants' and 'joint tenants' is well established as co-tenants derive their rights independently, joint tenants derive their rights collectively and represent a single tenancy. In cases of joint tenancy, service of notice upon or institution of eviction proceedings against one joint tenant is sufficient, and any decree passed therein binds all joint tenants.”

In this background, the Court held that the petitioners could not claim a status higher or independent than that of the original tenant.

Accordingly, the petition was dismissed.

Title: Smt. Chaya Sethi & Ors. v Jitendra Bohra & Ors.

Citation: 2026 LiveLaw (Raj) 62

Click Here To Read/Download Order