KAREEM BAIG Vs. MOHAMMAD KHIZAR HUSSAIN

JUDGEMENT

(1.) This appeal raises an interesting question touching the right of the landlod to seek a decree for possession against his tenant in respect of his premises to which the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'Act') applies.

(2.) In this judgment, the parties are referred to, by the position assigned to them in the trial court. The facts leading to this appeal are as follows : One Dr. Ali Hussain (hereinafter referred to as the 'owner') was the owner of the premises in question bearing Municipal No. 1392 (new No. 859) situate in Masjid Mohalla of Ramanagaram Town. The premises in question will be, hereinafter referred to as the 'suit premises'. It was admittedly covered by the provisions of the Act. Dr. Ali Hussain had two wives. Plaintiffs 1 to 3 are the sons, plaintiffs 4 to 6 are the daughters and plaintiffs 7 and 8 are two wives of Dr. Ali Hussain.

(3.) The owner had filed an eviction petition against defendants 1 and 3 in H.R.C. No. 13/1973 on the file of the learned Munsiff, Ramanagaram. In that eviction petition (H.R.C No. 13/1973), he had sought for eviction of defendants 1 and 3 on the ground that defendants-1 was a chronic defaulter in the payment of rent which was Rs. 60/- per month. It was the case of the owner that defen- dant-3 was inducted by defendant-1 as a sub-tenant unauthorisedly. He also sought for eviction of defendants 1 and 3 under Section 21(1)(h) of the Act for his bona fide use and occupation. During the pendency of H.R.C. No. 13/1973 the owner died. Therefore, in the light of the law as it stood then, the legal representatives of the owner could not presecute the said eviction petition. Hence it came to an end. In the said proceedings, the plaintiffs were brought on record as L.Rs. of Dr. Hussain. Accordingly, the Rent Control Court made an order to the effect that the proceedings stood terminated by the death of the original landlord viz., the owner. Thereafter, the plaintiffs filed the present suit O.S. No. 32/1975 in the court of the Civil Judge, Bangalore District, Bangalore for possession and also for mesne profits against defendants 1 to 4 or such of the defendants who would be found in possession of the suit premises.