LAWS(SC)-1992-2-43

VISHNU NARAYANGADSKARI Vs. PARALAL BALADEV UZA

Decided On February 05, 1992
Vishnu Narayangadskari Appellant
V/S
Paralal Baladev Uza Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The respondents laid the proceedings under Section 21 (h) and (j) of the Karnataka Rent Control Act, 1961, for short the Act for ejectment of the tenant, Vishnu Narayan Gadskari. The District Munsif, Belgaon granted a decree for ejectment and an appeal was filed and during its pendency the tenant died. Thereafter, the appellants came on record as his legal representatives. The District Judge held that the tenancy was not heritable. Accordingly, the appellants cannot maintain the appeal. On that finding, the appeal was dismissed and on revision the High court confirmed the order of the District Judge. Hence this appeal by special leave under Article 136.

(3.) Admittedly, the premises is a non-residential one. Section 3 (r) defines the tenant: