PALTHUR RAJA SAHEB Vs. NOOR MOHAMED

JUDGEMENT

(1.) The landlord obtained a decree in ERC. No.65 of 1975 against the tenant for eviction in the Court of the Munsiff, Bellary, under Clause (j) of Sec.21(1) of the Kranataka Rent Control Act, 1961, on 31-7-1975. The tenant went up in revision to the District Judge, Bellary, in HRC. Rev. Petition Mo.9 of 1975 and the learned District Judge, on hearing, dismissed the revision Petition as devoid of merits by his order dated 27-1-1976. Aggrieved by the said order, the tenant has presented the present revision petition. After the revision petition was filed, the landlord Noor Mohemed Saheb died and his legal representatives, viz., the widow and sons, were brought on record.

(2.) The learned Advocate for the revision petitioner vehemently contended that since the original landlord was no more, the cause of action did not survive in favour of his legal representatives and without more, the revision petition should be allowed.

(3.) The learned Advocate relied on a decision of this Court rendered in CRP No. 2495 of 1973(1), wherein this Court held on the facts of that case that cause of action under Clause (j) did not survive in favour of the legatees. The learned Advocate submitted that the same holds good in the present case also and that the revision petition should be allowed holding that the benefit of the decree obtained by the landlord does not enure to the benefit of his widow and sons-the legal representatives.