1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 32 OF 2010 IN WRIT PETITION NO. 6246 OF 2008 Ramnarayan died L.R.s Vithal Zanwar and others .. Appellants Versus 1. Sumit S/o Abhaykumar Mutha .. Respondents Shri N. C. Garud, Advocate for the Appellants. Shri V. S. Bedre for the Respondent. CORAM : NARESH H. PATIL, AND N. D. DESHPANDE, JJ. DATE : 01ST APRIL, 2010. ORAL ORDER [Per NARESH H. PATIL, J. ] : . Heard. 2. We have perused the order passed by learned Single Judge of this Court. Learned counsel for the appellants submits that being legal representative of original tenant, they ought to have 2 been made party in the suit. Learned counsel Shri Bedre pointed out us the provisions of Maharashtra Rent Control Act and the definition under sub clause 15 (d) which reads as under : (15) "tenant" means any person by whom or on whose account rent is payable for any premises and includes,- (a) ........ (b) ........ (c) ....... (d) in relation to any premises, when the tenant dies, whether the death occurred before or after the commencement of this Act, any member of the tenant's family, who, --- (i) where they are let for residence, is residing, or (ii) where they are let for education, business, trade or storage, is using the premises for any such purpose, with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court. Explanation : The provisions of this clause for transmission of tenancy shall not be restricted to the death of the original tenant, but shall apply even on the death of any subsequent tenant, who becomes tenant under these provisions on the death of the last preceding tenant. 3 3. In the light of the same, we do not find any error in the view adopted by the learned Single Judge. The letters patent appeal is dismissed. [ N. D. DESHPANDE, J.] [NARESH H. PATIL, J.] bsb/April 10