K S SHIVANNA Vs. J C RAJASEKHARAIAH

JUDGEMENT

(1.) petitioner-tenant has challenged the impugned order of eviction passed against him under clause (a) of Section 21(1) of the Karnataka Rent Control Act, 1961 (hereinafter, 'the act' for short) by the chief judge of small causes court, Bangalore city.

(2.) the tenanted premises bearing No. 179, 6th block, rajajinagar, Bangalore was owned by late j.c. nanjunda aradhya who was a school teacher. He was a patient of cancer. He died on 31-1-1981 leaving a registered will dated 19-1-1981 (exhibit p-8). In this will he appointed his brother j.c. mariyappa as the executor. The will inter alia states that the testator had agreed to sell the tenanted premises to the respondent who is his nephew being the son of his another brother and had already received a part of the consideration. In the said will he authorised the executor mariyappa (pw-2) to execute the sale deed in a part performance of the agreement and out of the outstanding consideration a sum of Rs. 20,000/- be spent for the marriage of his daughter. Accordingly, the executor executed the registered sale deed dated 1-3-1982 (ext. P-2) in favour of the respondent. Consequent to this sale, the name of the respondent was also mutated in the records of the Bangalore corporation, a copy whereof has been filed at exhibit p-4.

(3.) petitioner-tenant had taken the premises on a monthly rental of Rs. 225/- from late nanjunda aradhya which was subsequently enhanced to Rs. 250/- per month. After the property was purchased by the respondent under exhibit p-2, the executor of the will mariyappa (pw-2) sent a notice of attornment dated 15-3-1982 (ext. P-7) to the petitioner requiring him to attorn the tenancy to the respondent. Pursuant to this notice, petitioner started paying rents to the respondent regularly through cheques which are duly evidenced by the bank pass book (ext. P-3) which proves payment of rent at the rate of Rs. 225/- per month upto august, 1982 and thereafter at the rate of Rs. 250/- per month upto june, 1984.