Joint tenancy by heirs allows valid notice to quit to one heir who acts for all, determining the tenancy.

On the death of a tenant, the tenancy devolves on the heirs as one joint tenancy unless a contrary succession rule applies, so the landlord is not required to treat each heir as holding a separate tenancy or separate rent obligation. Where one heir acts for the others, pays rent on their behalf, and accepts service for all, notice to quit served on that heir is sufficient to determine the tenancy. A notice under Section 106 of the Transfer of Property Act served on the respondent alone was therefore valid, and ejectment proceedings were maintainable.

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Issues: Whether a notice to quit served on one heir of a deceased tenant was valid and sufficient to determine the tenancy inherited by all the heirs.

Analysis: On the death of a tenant, the tenancy devolves on the heirs as a single tenancy, unless a contrary provision limits succession. As between the landlord and the heirs, the tenancy is not split into separate holdings or separate rents. The heirs therefore succeed as joint tenants, and service of notice on one who acted for the others, paid rent on behalf of all, and accepted notice on behalf of all, is sufficient to determine the tenancy.

Conclusion: The notice under Section 106 of the Transfer of Property Act served on the respondent alone was valid, and the suit for ejectment was maintainable.

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