SRINIVASA Vs. K V SRINIVASA RAO

JUDGEMENT

(1.) This Revision Petition is directed against the order of the trial Court on I. A. No. 2, whereby the eviction petition filed by the petitioners herein has been rejec'.ed as being not maintainable and beyond the jurisdiction of the Court.

(2.) On Smt. Akkayyamma, who was admittedly the owner of the residential premises No. 1686, III Cross, Ramachandrapuram, Nagappa Block, Sreeramapuram, Bangalore-21. The petitioners claim that they are the legaties under the 'Will' dated 21-6-1969; executed by smt. Akkayyamma, under which the premises in question is bequeathed to them. A portion of the said premises is under the occupation of the tenant (respondent herein). The petitioners sought for the eviction of the respondent on the grounds under Sec. 21 (1)(a) and (h) of the Kar. Rent Control Act, 1961, (hereinafter referred' to as the 'Act'). The tenant (respondent herein) resisted the eviction petition inter-alia by filing application I.A. II, under which, besides questioning the genuineness of the alleged 'Will', it was contended that the petition is not maintainable without the petitioners obtaining the probate of the said -will in accordance with the provisions of Sec. 213 of the SUCCESSION ACT, 1925. The trial Court considered the said objection as a preliminary issue and rejected the eviction petition as not maintainable and beyoad the jurisdiction of the Court.

(3.) Mr. S. V. Narasimban, learned Counsel for the petitioners herein contends that the provisions of Sec. 213 of the SUCCESSION ACT, 1925, are not applicable to the instant case. Section 213, has to be read with the provisions of Sec. 57 of the Indian Succession Act, under which obtaining probate of a Will is made mandatory only in respect of the properties situated within the territories specifically mentioned in clauses (a) and (b) of the said section.