S P HAMIDSHA CHANDSHAWALA Vs. SBSHAGIRI BHIKU PAI

JUDGEMENT

(1.) This revision petition, arising out of proceedings for eviction of a tenant under the Mysore Rent Control Act, 1961, has completely changed its complexion by reason of the death of the tenant ponding the proceedings.

(2.) Petitioner is the landlord. He had rented out certain premises in Belgaum to one Seshagiri Bhikku Pai to run a tea-shop. He instituted proceedings against him to recover possession on the ground that he had sub-let the premises contrary to the pro-visions of the statute and also on the ground that he had kept rents in arrears. The original Court made an order of eviction. Upon appeal, the same was set aside. Before the revision petition could be filed but within the period of limitation prescribed therefor, Seshagiri Bhikku Pai the tenant died. The revision petition was therefore, filed with his wife and children and the manager impleaded as respondents.

(3.) During the hearing of the revision petition before Malimath, J., a question arose whether the legal representatives so impleaded as respondents in the revision petition could be regarded as persons falling within the definition of 'tenant' given in clause(r) of S.3 of the Act, the relevant part of which reads,