(1.) THIS revision petition is directed against the judgment and decree in revision (Rent) No. 390 of 1989, dated 23-6-1999 passed by the Second additional District Judge, Dakshina Kannada District, Mangalore, in passing whereof, the District Judge while dismissing the said revision petition held that there was no relationship of tenancy between the respondent-landlords and petitioner-tenants and the tenancy right in respect of the non-residential premises is not a heritable right.
(2.) IT is brought to the notice of the Court that the impugned order passed by the learned District Judge hereunder challenged is liable to be set aside on the short point that the same is opposed to the latest decision of the Supreme Court in Gantusa H. Baddi (dead) by L. Rs v meerabai G. Pai and Others, for in the said decision, the Supreme court held that the tenancy right in respect of non-residential premises is a heritable right.
(3.) IN para 8 thereof, the Supreme Court held as hereunder: