CHERUVATTY MAMMOO HAJEE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner had earlier filed Civil Revision Petition No. 4136/83, which had been dismissed in view of the judgment of the Full Bench in M. M. Yaragatti v Vasanth, 1987(2) Kar L J. 9 : (I.L.R. 1987 Karnataka, P. 1286). The said judgment is reversed by the Supreme Court in Shamaraju v U. V. Bhat (A.I.R. 1987 S.C. P. 2323) and thereafter the dismissal order has been recalled. Therefore, Civil Revision Petition No. 5734/88 is heard along with Civil Revision Petition No. 4136/83.

(2.) This is a tenant's petition challenging the concurrent findings of the Courts below. The original respondent landlord-J M Nanjappa filed an eviction petition under clause (j) of Section 21(1) of the Karnataka Rent Control Act (in short the 'Act'), which has been allowed by both the Courts. The Courts below have found that the landlord bona fide and reasonably requires the premises for demolition and reconstruction. It is not necessary either to repeat the summary ofthe pleadings or the concurrentfindings of the Courts below.

(3.) In this C.R P. Mr. Farooq, learned Counsel for the petitioner, submitted that Nanjappa, the original landlord, died during the pendency of the revision petition before the District Judge. The legal representatives are brought on record. In the Court below it was contended that with the death of the original landlord I the cause does not survive and the legal representatives brought on record cannot support the order passed in favour of the original landlord. This contention was over-ruled.