P V PAPANNA Vs. K PADMANABHAIAH

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal stems from the judgment and order dated October 31, 1991 passed by the High Court of Karnataka in Civil Revision Petition No. 4138 of 1990. Facts and circumstances leading to this appeal are as under:- On March 22, 1973 one P. V. Jayashankar filed an application in the first Court of the Munsiff at Bangalore under Section 21(1) of the Karnataka Rent Control Act, 1961 seeking recovery of possession of his non-residential premises from his tenant, the respondent herein. Though recovery of possession was sought for on various grounds the trial Court, by its judgment and order dated October 24, 1980, allowed the application solely on the ground that the suit premises were bona fide required by the landlord for his personal use and occupation and directed the tenant to handover vacant possession of the same to Shri Jayashankar. The trial Court granted two years' time to the tenant to comply with its direction. Against the order of eviction the tenant preferred a revision petition in the High Court of Karnataka which was dismissed on December 19, 1993. The High Court, however, granted four years' time to the tenant to vacate the premises. Assailing the order of dismissal of his revision petition, the tenant filed a Special Leave Petition in this Court which was also dismissed.

(3.) Before the period of four years granted by the High Court to the tenant to vacate the premises expired, Jayashankar died-on October 26, 1986, to be precise. He left behind a Will dated June 11, 1986 under which the suit premises were bequeathed to his brother, his wife and their son, the three appellants herein.