SURENDRA NAYAK Vs. DERRIC PRABHAKAR SOANS

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for Caveator/Respondent No.1.

(2.) This HRRP is filed under Sec. 115 of CPC praying to set aside the common order dtd. 16/7/2019 passed in R.R.P.No.21/2016 by the I Additional District & Sessions Judge, D.K., Mangaluru.

(3.) The factual matrix of the case is that, the petitioner in HRC No.24/2006 is the present owner being one amongst the successor landlords of the petition premises. The petitioner/Respondent No.2, herein had obtained the petition premises from the deceased Jacob Lawrence Soans as per the terms of the Lease Agreement dtd. 17/11/1983 on a monthly rent of Rs.350.00. The petition premise is personally occupied by respondent Nos.1 to 3. But the respondent No.1 alone is the statutory monthly tenant having it obtained by executing Lease Agreement. The petitioner is the brother of the late Jacob Lawrence Soans who died as Bachelor and he being the sole legal heir has succeeded to all his assets including the petition premises. Hence, he becomes entitled to calculate the rent from respondent No.1 as landlord. Respondent No.1 has inducted respondent Nos.2 and 3 without any consent of the petitioner and are subtenants of petition premises as illegally inducted by respondent No.1.