LAWS(KAR)-2010-4-335

JOHN CLAUDIUS ANDREW GPA HOLDER, NELSON CLIVE DSOUZA AND ORS Vs. LOUIZA DSOUZA D/O JACKIE MINGEL DSOUZA AND ORS

Decided On April 06, 2010
JOHN CLAUDIUS ANDREW GPA HOLDER, NELSON CLIVE DSOUZA AND ORS Appellant
V/S
LOUIZA DSOUZA D/O JACKIE MINGEL DSOUZA AND ORS Respondents

JUDGEMENT

(1.) The respondents No. 2 to 4 before the Revision Court are questioning the order passed in RRP. No. 12/2008 dated 04.02.2010 by the I Additional District Judge, Dakshina Kannada, Mangalore.

(2.) The facts in nutshell are as follows:

(3.) At that point of time the first respondent Sri. Balakrishna who had pursued the above proceedings is said to have filed a memo before the Rent Court in HRC. No. 12/2005 stating that he had vacated and surrendered possession of portion of residential premises in favour of respondents No. 2 to 4 by recognizing them (the revision petitioners herein) as landlords. It was further contended that there was subsisting jural relationship of landlord and tenant between the petitioners before the Kent Court and the first respondent. Though petitioners i.e., respondents 1 to 3 herein objected to the said memo being accepted, the Rent Court by its order dated 09.08.2007 accepted the said memo and dismissed HRC. No. 12/2005 as having become infructuous.