U LAXMIBAI MALLYA Vs. U RAMANATH MALLYA

JUDGEMENT

(1.) The petitioners in this revision petition are the heirs of the original tenant, Narayana Mallya. The first respondent is the landlord. The landlord filed RCOP. No.33/65 in the Court of the Munsiff at Mangalore, SK. seeking eviction under S. 21(1) (h) of the Mysore Rent Control Act, on the ground that the premises are required by his son. The original tenant being dead, his legal representatives resisted the said application. The learned Trial Judge upheld the claim of the landlord and passed an order for eviction. The tenant challenged the said order and failed in appeal also. The present revision application is filed against these orders of the learned Trial as well as the appellate Judge.

(2.) Several questions have been urged before me by the learned Advocate for the petitioners. But I do not propose to deal with all of them as a decision on a question relating to I.A. 3 filed by the petitioners before the lower appellate court would be sufficient to dispose of this revision petition.

(3.) The provisions of the Mysore Rent Control Act apply to the area described as "Mangalore Municipality." In the petition, Para 3(a), it was stated that the premises are described in the schedule and the schedule is annexed to the plaint and it is extracted below: