1 WP No.10102/09 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.10102 of 2009 Suresh Rajendrasingh Kushwaha Kusha ... Petitioner versus Babu Saheb Narendra Kumar & ors. ... Respondents ... Mr.R.A.Thorat for the petitioner. Mr.Sandesh Patil i/b Y.R. Shah for respondent no.13. CORAM : D.G. KARNIK, J. DATED : 4th August 2010 P.C. 1. Heard. 2. By this petition, the petitioner challenges the order dated 29 September 2009 passed by the trial court allowing the application filed by Respondent no.13 (third party to the suit) for joining him as a party to the suit. 3. One Smt.Damayanti was a tenant of the suit premises. She died on 17 August 1985. The present petitioner is one of her sons. The petitioner filed a suit against the landlord for a declaration that on death of Damayanti he had inherited the tenancy u/s.5(11)(c) of the 2 WP No.10102/09 Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short “Bombay Rent Act”). The petitioner joined his brothers (sons of Damayanti) and his father (husband of Damayanti) as parties to the suit. Respondent no.13 who is a grand son of Damayanti and who claims to have inherited by a tenancy by reason of fact that he was living with Damayanti in the suit premises at the time of death file an application for joining him as party to the suit. The application was allowed. Aggrieved petitioner is in this court. 3. Section 5(11)(c) of the Bombay Rent Act reads thus:- (c) (i) in relation to any premises let for residence, when the tenant dies, whether the death has occurred before or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act 1978, any member of the tenant’s family residing 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 default of agreement by the Court; (ii) in relation to any permission let for the purposes of education, business, trade or storage, when the tenant dies, whether the death has occurred before or after the commencement of the said Act, any member of the tenant’s family using the premises for the purposes of the education of carrying on business, trade or storage in the premises, with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased 3 WP No.10102/09 tenant, as may be decided in default of agreement by the Court. 4. Section 5(11)(c) of the Bombay Rent Act provides that in respect of a premises let out for residence any member of the tenant’s family residing with him/her at the time of his/her death would inherit the tenancy. Where there are more than one persons residing with the deceased tenant in the rented premises as members of his/her family, only one of such family members would inherit the tenancy. It was open for the respondent no.13 to contend that he and not the petitioner had inherited the tenancy. Consequently, if he made an application for being joined as party to the suit he must be so joined because the issue as to who has inherited the tenancy would be required to be decided by the Court. I see no error in the view taken by the trial court in allowing the application made by respondent no.13 for joining him as party to the suit. Writ Petition is rejected summarily. (D.G. KARNIK,J.)