C.S. HARIKRISHNA Vs. R. NARAYANA RAO

JUDGEMENT

(1.) These two revision petitions are filed by the tenant being aggrieved by orders dated 15-9-2014 and 31-7-2014, whereunder interlocutory applications filed under Section 42(6) of the Karnataka Rent Act, 1999, and under Section 151 of Civil Procedure Code, 1908 seeking rejection of claim made by legal heirs of deceased petitioner to come on record and prosecute the claim made by deceased landlord, as not maintainable on the ground of tenancy is not heritable and also order rejecting permission to file additional statement of objections to amended petition. I have heard the arguments of Sri Rakshit K.N., learned Counsel appearing for petitioner and Sri R.B. Sadashivappa, learned Counsel appearing for respondents.

(2.) Deceased Sri R. Narayana Rao filed a petition under Sections 27(2)(r) and 31(2) of the Karnataka Rent Act, 1999 (for short, 'Act') seeking eviction of respondent contending inter alia that he is running a Trust under the name and style of "Smt. Gowramma Rama Rao Trust" in the second floor portion of plaint schedule property for the past four (4) years to the benefit of economically poor students; petitioner being one of the Trustees of said Trust, is finding difficulty in providing adequate drinking water to said poor students staying and studying in the second floor premises namely, due to low pressure there is no adequate water supply and as such, students are undergoing lot of hardship and inconvenience due to shortage of water and he intends to construct a sump in the plaint schedule property leased to respondents to overcome water problem and he has intended to donate the schedule premises to Trust to overcome the said water problem and hence, plaint schedule property is required.

(3.) During the pendency of said eviction petition, petitioner expired intestate. Hence, his son and daughters filed an application to come on record and said application came to be allowed by Trial Court vide order dated 13-6-2014 and they were permitted to come on record, which application was also opposed to by respondent. Son and daughters having come on record in the eviction petition, filed amended petition after making necessary correction in the cause title of petition. No other plea has been raised in the amended petition. It is thereafter respondent filed an application under Section 42(6)(c) of the Karnataka Rent Act, 1999, seeking rejection of claim made by legal heirs of deceased petitioner and consequently to reject the petition. Said application was preceded by an order of rejection of application filed by respondent under Section 151 of CPC praying to permit him to file additional statement of objections to amended petition, which application also came to be rejected vide order dated 31-7-2014.