PRATAPSINGH Vs. JAIBUNNISA BEGUM

JUDGEMENT

(1.) These two revision petitions were referred for consideration by the Division Bench and accordingly they have come up before us for hearing.

(2.) Since common questions of law and facts are involved, they are heard together and disposed of by the following order.

(3.) The parties are same in both the petitions. Petitioners claim to be the owners, sought eviction of the respondents-tenants under various sub-clauses of S.21(1) of the Karnataka Rent Control Act, 1961 ('the Act') alleging that the respondents were the lessees. The petitioners claim to be the descendants of one Lachiramsing, whose grandfather was Parwatsing. The premises were bits of open land in the year 1849 and were granted on lease by Lachiramsing in favour of one Mohamad Gori Soudagar under a registered lease deed (Ex.P.1). According to the petitioners the lease was for a period of 20 years and thereafter the tenant had to continue as a lessee under the lessor and the lessor was entitled to seek possession at any time. It is further averred by the petitioners that the lessee was permitted to put up shop buildings on a consolidated rent of Rs. 50/for the lease period of 20 years and after the expiry of the period of 20 years, the agreed rent was stated to be Rs. 4/- per year per shop. Accordingly the original lessee continued as tenant. The successors-in-interest of the original lessee are in possession as ordinary tenants and they are the respondents here. Accordingly eviction has been sought against them. It is further stated by the petitioners that the original lessor Lachiramsing had a younger brother called Fakirsing, who had two sons Bhawansingh and Chattusing. Bhawansing had a son called 'Lachiram' and he died issueless. Petitioners 1 to 3 are the children of Chattusing.