U SREENIVASA SHENOY Vs. U VASUDEVA SHENOY

JUDGEMENT

(1.) this revision petition is referred to the division bench by the order dated 14-2-1992 passed by the learned single judge of this court.

(2.) the revision petition is directed against the order dated22-8-1985 passed by the learned district judge, dakshina kannada, mangalore in c.r.p. no. 92 of 1983. The said revision petition was directed against the order dated 21-3-1983 passed by the munsiff, udupi.

(3.) the facts leading to the instant revision petition, brieflystated, are as under: u. Sri nivasa shenoy filed an application at h.r.c. no. 41 of 1975 before the court of munsiff at udupi under section 21(1)(a) and (f) of the Karnataka rent control Act, 1961 (for short 'the act') for an order of eviction described in schedule 'b' in the application for eviction. The father of u. Sri nivasa shenoy was krishna shenoy. The father of opponents-1 to 5 was one narasimha shenoy. They were brothers. The property described in schedule a of the application for eviction was held by the said brothers on perpetual lease by virtue of a lease deed dated 18-6-1917. The said lease deed, in fact, was obtained by their father anantha shenoy from one raghavendra rao. When this was so, there was a partition between krishna shenoy and narasimha shenoy in the year 1956. A partition deed in that behalf was executed which is evidenced by ex. D. 1. The rent payable to the muladar (the owner) was equally divided between the brothers. When this was so, krishna shenoy by a sale deed of the year 1960 purchased the lessor's right in respect of the entire leasehold properties. In other words, he became the owner in respect of the entire property including the moity held by narasimha shenoy, the father of opponents-1 to 5. As a result of the said transaction, narasimha shenoy and his branch were liable to pay the rent in respect of the property allotted to the share of narasimha shenoy to krishna shenoy and his branch. In other words, krishna shenoy and after his death u. Sri nivasa shenoy were entitled to recover rent from narasimha shenoy and after his death from opponents 1 to 5.