R ABDUL SALAM Vs. GHOUSE BI

JUDGEMENT

(1.) Premises No.11, Kuppuswami Naidu Street, civil station, Bangalore, belonged to Mehboob Khan, who leased the same to petitioner-R.Abdul Salam; Mehboob Khan died in November 1975. He is survived by his wife Ghouse Bi, six sons and three daughters.

(2.) On 26-5-1980, Ghouse Bi filed the eviction petition under clauses (a)(b) and (h) of Section 21(1) of the Karnataka Rent Control Act, describing herself as co-owner of the premises. Subsequently the others namely, sons and daughters were also impleaded as petitioners. After contest, the petition is allowed on 7-2-1984, and eviction order is passed, which is the subject matter of this civil revision petition.

(3.) The tenant after filing the civil revision petition has obtained stay order, enabling him to continue in the premises. In this Court, petitioner-tenant has filed an application on 30th January 1985 stating Noorullah Khan son of Mehboob Khan one of the sharers in the landlords family has sold his undivided right, title and interest in his favour by registered sale deed dated 21st January 1985. Similarly Azeez Khan son of Mehboob Khan, another sharer, has sale his undivided share by registered sale deed dated 6th January 1988. The original sale deeds are produced.