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[Cites 25, Cited by 0]

Karnataka High Court

Smt. Shashikala Shetty vs Smt. Meenakshi Rai on 27 June, 2025

Author: H.P.Sandesh

Bench: H.P.Sandesh

                               1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               TH
                                                        R
           DATED THIS THE 27        DAY OF JUNE, 2025

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

       HOUSE RENT REV. PETITION NO.5/2024 (EVI)
                         C/W
       HOUSE RENT REV. PETITION NO.6/2024 (EVI)

IN HRRP NO.5/2024:

BETWEEN:

1.   SMT. SHASHIKALA SHETTY
     D/O LATE NARAYANA SHETTY
     AGED ABOUT 78 YEARS
     R/AT ARUNDATHI HATTI HALLI
     MANGALURU-575 003.

2.   SMT. ARUNDATHI S. SHETTY
     W/O LATE SHAM SUNDARA SHETTY
     AGED ABOUT 67 YEARS
     R/AT ARUNDATHI HATHILL
     MANGALURU-575 003.

3.   SMT. SHRUTHI S. SHETTY
     D/O LATE SHAM SUNDARA SHETTY
     AGED ABOUT 39 YEARS

4.   SMT. SHREYA SHETTY
     D/O LATE SHAM SUNDARA SHETTY
     AGED ABOUT 31 YEARS

     PETITIONER NO.3 AND 4 ARE
     REPRESENTED BY THEIR POWER
     OF ATTORNEY HOLDER
                           2



     PETITIONER NO.2 ARUNDATHI S. SHETTY
     W/O LATE SHAM SUNDARA SHETTY
     AGED ABOUT 67 YEARS
     R/AT ARUNDATHI HATHILL
     MANGALURU-575 003.

5.   SRI. JEEVANDAS SHETTY
     S/O LATE NARAYANA SHETTY
     AGED ABOUT 74 YEARS
     R/AT LALBABH
     NEAR KALYANA JEWELLERS
     BALLALBAGH
     MANGALURU-575 003.

6.   SMT. VIJAYA SHETTY
     D/O LATE NARAYANA SHETTY
     AGED ABOUT 73 YEARS
     R/AT LALBABH
     NEAR KALYANA JEWELLERS
     BALLALBAGH
     MANGALURU-575 003.

7.   SRI. SHIVANANDA SHETTY
     S/O LATE NARAYANA SHETTY
     AGED ABOUT 72 YEARS
     R/AT LALBABH
     NEAR KALYANA JEWELLERS
     BALLALBAGH
     MANGALURU-575 003.

8.   SRI. BALACHANDRA SHETTY
     S/O LATE NARAYANA SHETTY
     AGED ABOUT 66 YEARS
     R/AT LALBABH
     NEAR KALYANA JEWELLERS
     BALLALBAGH
     MANGALURU-575 003.                    ... PETITIONERS

       (BY SRI. HAREESH BHANDARY T., ADVOCATE)
                                    3




AND:

       SMT. MEENAKSHI RAI
       SINCE DECEASED BY
       HER LEGAL REPRESENTATIVES

1.     MR. PRAVEEN CHANDRA RAI
       AGED ABOUT 56 YEARS
       S/O LATE RANGANATH RAI
       R/AT KODIAL GUTHU HOUSE
       KODIALBAIL
       MANGALURU-575 003.

2.     SMT. DEVIKA R. HEGDE
       AGED ABOUT 47 YEARS
       W/O RAKESH R. HEGDE
       R/AT RAMANDA
       S.R.COMPLEX
       BENDOORWELL
       MANGALURU-575 003.                          ... RESPONDENTS

     (BY SRI. M. SUDHAKAR PAI, ADVOCATE R1 AND C/R2)

       THIS HRRP IS FILED UNDER SECTION 115 OF CPC,
AGAINST THE ORDER DATED 05.04.2024 PASSED IN RR
NO.14/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT
AND SESSIONS JUDGE, D.K. MANGALURU, ALLOWING THE
PETITION AND SETTING ASIDE THE ORDER DATED 03.08.2021
PASSED     IN   HRC    NO.3/2013       ON   THE   FILE    OF   THE   III
ADDITIONAL CIVIL JUDGE, MANGALURU, D.K., ALLOWING THE
PETITION    FILED     UNDER   SECTION       27(2)(r)     AND   SECTION
31(1)(a) OF THE KARNATAKA RENT ACT, 1999.
                           4



IN HRRP NO.6/2024:

BETWEEN:

1.   SMT. SHASHIKALA SHETTY
     D/O LATE NARAYANA SHETTY
     AGED ABOUT 78 YEARS
     R/AT LALBAGH
     NEAR KALYANA JEWELLERS
     BALLALBAGH
     MANGALURU-575 003.

2.   SMT. ARUNDATHI S. SHETTY
     W/O LATE SHAM SUNDARA SHETTY
     AGED ABOUT 67 YEARS
     R/AT ARUNDATHI HATHILL,
     MANGALURU-575 003.

3.   SMT. SHRUTHI S. SHETTY
     D/O LATE SHAM SUNDARA SHETTY
     AGED ABOUT 39 YEARS

4.   SMT. SHREYA SHETTY
     D/O LATE SHAM SUNDARA SHETTY
     AGED ABOUT 31 YEARS

     PETITIONER NO.3 AND 4 ARE
     REPRESENTED BY THEIR
     POWER OF ATTORNEY HOLDER
     PETITIONER NO.2 ARUNDATHI S. SHETTY
     W/O LATE SHAM SUNDARA SHETTY
     AGED ABOUT 67 YEARS
     R/AT ARUNDATHI HATHILL
     MANGALURU-575 003.

5.   SRI JEEVANDAS SHETTY
     S/O LATE NARAYANA SHETTY
     AGED ABOUT 74 YEARS
     R/AT LALBAGH
                             5



       NEAR KALYANA JEWELLERS
       BALLALBAGH
       MANGALURU-575 003.

6.     SMT. VIJAYA SHETTY
       D/O LATE NARAYANA SHETTY
       AGED ABOUT 73 YEARS
       R/AT LALBAGH
       NEAR KALYANA JEWELLERS
       BALLALBAGH
       MANGALURU-575 003.

7.     SRI. SHIVANANDA SHETTY
       S/O LATE NARAYANA SHETTY
       AGED ABOUT 72 YEARS
       R/AT LALBAGH
       NEAR KALYANA JEWELLERS
       BALLALBAGH
       MANGALURU-575 003.

8.     SRI. BALALCHANDRA SHETTY
       S/O LATE NARAYANA SHETTY
       AGED ABOUT 66 YEARS
       R/AT LALBAGH
       NEAR KALYANA JEWELLERS
       BALLALBAGH
       MANGALURU-575 003.                ... PETITIONERS

         (BY SRI. HAREESH BHANDARY T., ADVOCATE)
AND:

       SMT. MEENAKSHI RAI
       SINCE DECEASED BY
       HER LEGAL REPRESENTATIVES

1.     MR. PRAVEEN CHANDRA RAI
       AGED ABOUT 56 YEARS
       S/O LATE RANGANATH RAI
       R/AT KODIAL GUTHU HOUSE
                                  6



       KODIALBAIL
       MANGALURU-575 003.

2.     SMT. DEVIKA R. HEGDE
       AGED ABOUT 47 YEARS
       W/O RAKESH R HEGDE
       R/AT RAMANDA
       S.R. COMPLEX
       BENDOORWELL
       MANGALURU-575 003.                          ... RESPONDENTS

     (BY SRI. M. SUDHAKAR PAI, ADVOCATE FOR R1 AND C/R2)

     THIS HRRP IS FILED SECTION 115 OF CPC, AGAINST THE
ORDER DATED 05.04.2024 PASSED IN REV.(RENT) NO.10/2021
ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS
JUDGE, D.K. MANGALURU, DISMISSING THE PETITION AND
CONFIRMING THE ORDER DATED 03.08.2021 PASSED IN HRC
NO.3/2013 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE,
MANGALURU, D.K, ALLOWING THE PETITION FILED UNDER
SECTION 5 OF THE KARNATAKA RENT ACT, 1999.

    THESE PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 12.06.2025      THIS DAY, THE COURT
PRONOUNCED THE FOLLOWING:

CORAM:      HON'BLE MR. JUSTICE H.P.SANDESH

                           CAV ORDER

       Heard learned counsel for the petitioners and learned

counsel for caveator-respondent Nos.1 and 2.


       2.    These   two   revision   petitions   are   filed   by   the

petitioners-respondent Nos.2, 3(a) to 3(c) and 4 to 7 before the
                                    7



Trial Court praying to set aside the order 03.08.2021 passed in

H.R.C.No.3/2013 by the learned III Additional Civil Judge,

Mangaluru, D.K. and the order dated 05.04.2024 passed in Rev.

(Rent) Nos.14/2021 and 10/2021 by the learned IV Additional

District Judge and Commercial Court, D.K. Mangaluru.


      3.    The factual matrix of the case of the petitioners

before the Trial Court is that while seeking the relief of eviction,

invoked the provisions of Section 27(2)(r) and 31(1)(a) read

with Section 5 of the Karnataka Rent Act, 1999 directing the

respondents to vacate and surrender the vacant possession of

petition premises to the petitioners. The petition property is a

non-agricultural immovable property residential building bearing

Door No.4-1-77, R.S.No.394, T.S.No.227, East Southern portion

measuring 0-10 cents situated in Kodialbail Village and Ward,

Mangaluru Taluk within the Mangalore City Corporation and

within the registration Sub-District of Mangalore City (hereinafter

referred to as 'petition premises').


      4.    It   is   the   case   of   the   original   petitioner   in

H.R.C.No.3/2013 that her husband late Ranganath Rai along
                                     8



with his mother Smt. Akkamma Rai and brother Narayana Rai

respectively had granted the petition premises on permanent

lease in favour of late Narayana Shetty as per registered deed of

transfer dated 27.07.1961. As per the terms of the deed, late

Narayana Shetty was required to pay Rs.30/- per annum on or

before 27th July of next succeeding year. It is also the case of

the original petitioner that the respondents are the legal heirs of

deceased Narayana Shetty. The said late Narayana Shetty during

his   life   time   and   after   his   death,   his   heirs   (as   legal

representatives of respondents) have defaulted continuously in

the payment of the annual rent for the past more than five years

and as such, have contravened the terms of lease. As a result,

the respondent's moolgeni lease stood forfeited in terms of

clause of the document of deed of transfer dated 27.07.1961. It

is also the case of the original petitioner that the petition

premises is required for her own use and occupation as she is

presently residing in the family house of her husband and there

is paucity of space and lack of privacy in the above house for the

petitioner. The petitioner has caused a registered legal notice

dated 17.07.2012 through her advocate calling upon the
                                 9



respondents to surrender the vacant possession of petition

premises in favour of the petitioner within 15 days of the receipt

of the notice. Having received the notice, the respondents got

replied to the said legal notice on 31.07.2021 and also sought to

tender arrears of moolageni along with the legal reply. Having

received the same, the petitioner has returned the demand draft

to the Advocate for respondents along with rejoinder reply dated

06.08.2012. It is also the case of the petitioner that the original

tenant late Narayana Shetty died on 13.02.2008 and the

respondents as his legal representatives have protection of Rent

Act upto a period of five years i.e., till 13.02.2013. The

respondents are bound to deliver the possession of petition

premises immediately on 13.02.2013. Hence, the petitioners

have filed the petition invoking the provisions of the Karnataka

Rent Act, 1999.


      5.    In pursuance of the notice issued by the Trial Court

in H.R.C.No.3/2013, respondent Nos.1, 2 and 4 to 7 have filed a

memo adopting the objection filed by the respondent No.3. The

respondent No.3 has filed the objection contending that late
                                     10



Narayana Shetty had taken the petition premises on permanent

tenancy rights and also stated that the said moolageni or

permanent lease is irrevocable and the very nomenclature itself

shows that it is a permanent tenancy. It is contended that the

petitioner could not have invoked the Rent Act to levy blackmail

against the respondents. The petitioner has also not stated how

she is entitled to file the case under the Rent Act. It is further

contended that petitioner is aware that deceased late Narayana

Shetty during his lifetime had effected very vast improvements

in the land taken on moolageni by him and now the property is

very valuable and it is surprising that the petitioner has not even

whispered a single word about it. It is contended that petitioner

could not have terminated the tenancy without offering the value

of improvements which the said late Narayana Shetty had

effected. After his death, the respondents have spent lot of

amounts on the petition premises and petition is premature,

unwarranted and petition should be dismissed in limine. It is

contended that Court has no such jurisdiction to decide about

the   improvements,    right   to     terminate     the    moolageni     or

permanent    tenancy   and     such      other   issues.   It   is   further
                                 11



contended that description of the property given in the petition is

not correct and sought for dismissal of the eviction petition.


      6.    The Trial Court having considered the grounds which

have been urged in the petition and the objection, allowed the

parties to lead evidence and the Power of Attorney holder

Smt. Devika Hegde, daughter and GPA holder of original

petitioner is examined as P.W.1 by filing evidence affidavit in lieu

of oral examination in chief and marked the documents as

Exs.P1 to P17. The wife of petitioner No.1(b) is also examined as

P.W.2 by filing an evidence affidavit in lieu of oral examination in

chief and marked the documents as Exs.P18 to P20. The

respondents did not adduce any evidence, but only cross-

examined P.W.1.


      7.    The Trial Court having considered both oral and

documentary evidence placed on record, framed the following

points for consideration:

      "1.   Whether    the   petitioner   proves   that   the
            respondents have defaulted in paying the
            annual rents as per moolageni chit dated
                               12



           27/07/1961 thereby for an order of eviction
           against the respondents?

     2.    Whether the petitioner proves that she being a
           widow   requires   the   petition   premises   for
           bonafide her use and occupation thereby for an
           order of eviction against the respondents under
           Section 27(2)(r) R/w.31(1)(a) of Karnataka
           Rent Act 1999?

     3.    Whether the petitioner proves that respondent
           is liable to be evicted under Section 5 of
           Karnataka Rent Act, 1999?

     4.    What Order or decree?".


     8.    The Trial Court having appreciated both oral and

documentary evidence placed on record, answered point Nos.1

and 3 as 'affirmative' and point No.2 as 'negative'. While

answering point No.2 regarding bonafide requirement, the Trial

Court comes to the conclusion that requirement of petition

premises by the original petitioner for her bonafide occupation

and use will not arise for consideration on account of death of

her husband during the pendency of the case and declined to

grant the relief under Section 27(2)(r) and 31(1)(a) read with

Section 5 of Karnataka Rent Act, 1999. However, allowed the
                                 13



petition in coming to the conclusion that the petitioners have

defaulted in paying the annual rent as per the moolageni Chit

date 27.07.1961 and also the respondents being the legal

representatives of original tenant are liable to be evicted under

Section 5 of the Karnataka Rent Act, 1999 on the ground that

legal representatives of the original tenant are entitled to

continue the premises for a period of five years.


      9.    The Trial Court also, while allowing the petition filed

under Section 5 of the Karnataka Rent Act, 1999, directed that

the parties shall ascertain the value of improvements made in

the petition property by four gentlemen within two months from

the date of this order. On receipt of valuation of improvements

made in the petition property, petitioner Nos.1(a) and 1(b) shall

deduct the arrears of rent payable by the respondents and pay

the balance value of improvements to the respondents. It is also

directed   that   the   respondents   on   receipt   of   value   of

improvements, shall handover the vacant possession of petition

property along with improvements within one month from the
                                     14



date of amount and the petition filed by the petitioner under

Section 27(2)(r) and 31(1)(a) is dismissed.


        10.   Being aggrieved by the judgment of the Trial Court,

the respondents in H.R.C.No.3/2013 have filed Rev. (Rent)

No.10/2021      before   the   IV   Additional   District   Judge   and

Commercial Court, D.K., Mangaluru challenging the order of the

Trial   Court   passed   in    H.R.C.No.3/2013    dated     03.08.2021

allowing the petition filed by the petitioners under Section 5 of

the Karnataka Rent Act, 1999.


        11.   The Rent Revision Court having reassessed the

grounds urged in Rev. (Rent) No.10/2021 formulated the point

whether the Courts below have committed an error in passing

the impugned order of eviction against the respondents-tenants

under Section 5 of the Karnataka Rent Act, 1999. The Rent

Revision Court having reassessed both oral and documentary

evidence placed on record, affirmed the judgment of the Trial

Court in allowing the petition filed under Section 5 of the

Karnataka Rent Act, 1999 and dismissed the rent revision

petition and confirmed the order passed by the Trial Court.
                                 15




      12.   The legal heirs of original petitioner also filed Rev.

(Rent) No.14/2021 before the IV Additional District Judge and

Commercial Court, D.K., Mangaluru challenging the rejection of

the petition filed under Section 27(2)(r) and 31(1)(a) of the

Karnataka Rent Act, 1999 and whether the Trial Court acted

outside its jurisdiction allowing to make valuation and to make

payment for eviction. The Rent Revision Court having reassessed

the material available on record, considered the grounds urged

in the petition regarding rejection of petition filed under Section

27(2)(r) and 31(1)(a) of the Karnataka Rent Act, 1999 and also

questioning the impugned order of the Trial Court wherein

direction was issued to ascertain the value of improvements and

to make payment for eviction and answered point Nos.1 and 2

as 'affirmative' by allowing the rent revision and set aside the

order of the Trial Court as to the relief sought under Section

27(2)(r) and 31(1)(a) of the Karnataka Rent Act, 1999 and to

the extent of pre-condition to make valuation and to make

payment for eviction. Being aggrieved by the orders passed by

the Rent Revision Court, these two petitions are filed by the
                                  16



original respondents questioning the order passed in both Rev.

(Rent) Nos.10/2021 and 14/2021.


      13.    The revision petitioners in H.R.R.P.No.5/2024 would

contend that the Courts below committed an error in considering

the material available on record and entire approach made by

the Courts into the matter is contrary and failed to appreciate

the limited jurisdiction under which it is functioning under the

Karnataka Rent Act, 1999. The said Act does not vest any

jurisdiction on the Court to decide on the rights of permanent

tenants and its alleged breach thereof. It is contended that

availability of statutory protection alone is considered as it has

very limited jurisdiction. It is contended that petitioners had

tendered moolageni rent, their lease could not have been

forfeited.   Whether   the   petitioners   are   entitled   to   enforce

forfeiture clause and claim possession, is again outside the

jurisdiction of Rent Court. Further, the lease deed provided that

unless the improvements are paid, they cannot be dispossessed

and right to possession arises only after the respondents herein

become entitled to it unlike a statutory tenant. It is contended
                                   17



that the Rent Court has no such jurisdiction to enquire into these

aspects.    The    important   questions   of    law   have   not    been

considered by the Courts below and both the Courts have

treated the case as one on the original side of the Court and has

gone beyond the scope of the Rent Act. It is contended that

moolageni is a permanent tenancy and the person who lessee

the property is called as 'Moolagar' and the lessee will be called

as 'Moolgenidar' and this type of lease is prevailing only in

Kanara District. The Moolagenidars become the second class of

proprietors from whom nobody can deprive of their right of

possession except their own act of gift or sale. A Moolagenidar is

a tenant holding a perpetual lease, not removable so long as he

pays rent and so long as he does not violate the stipulations of

the lease entailing forfeiture. Moolageni tenure is a permanent

heritable tenure alienable on some cases by the conditions of the

moolageni chit, but in all cases perpetual, though subject to

forfeiture for non-payment of rents.


      14.    The    counsel    would   further     contend    that    the

Karnataka Rent Act applies only to statutory tenant and not to
                                 18



any other type of tenancies. The Courts below have failed to

note this important difference between statutory tenants and

moolageni tenants. The Courts below have again wrongly

interpreted the applicability of the provisions of Karnataka

Conferment of Ownership on Mulgeni or Volamulgeni Tenants

Act, 2011 and the Rules framed thereunder. It is contended that

the Act has been upheld by the High Court of Karnataka, but is

now pending consideration before the Supreme Court. The Court

could not have expected the petitioners to prove in this case the

steps taken by them to get conferment of ownership in respect

of petition property. Learned counsel also would vehemently

contend that the Trial Court committed an error in allowing the

petition and contend that the very petition itself is not

maintainable. It is also contended that petition is not filed under

Section 27(a) regarding arrears of rent and when the petition is

not filed under Section 27(a), payment for default of rent does

not arise.


      15.    Learned counsel for the petitioners in support of his

argument relied upon the judgment of the Apex Court in
                                  19



LAXMIDAS       BAPUDAS       DARBAR       AND     ANOTHER        VS.

RUDRAVYA (SMT) AND OTHERS reported in (2001) 7 SCC

409 and relying upon this judgment, the counsel would contend

that contractual act is very clear that it is a permanent lease and

hence, the petitioners cannot be evicted and when there is a

contractual terms and the lease is for a period of 99 years,

question of invoking the Rent Act does not arise. The counsel

would vehemently contend that conditions in Ex.P8 is very clear

with regard to forfeiture clause and cannot seek eviction for

arrears of rent directly and even if Court comes to the conclusion

that arrears of rent is payable, time has to be given to pay the

amount. When such being the case, it is contended that there is

no cause of action.


      16.   Learned counsel also brought to notice of this Court

Sections 6 and 10 of the Karnataka Conferment of Ownership on

Mulgeni or Volamulgeni Tenants Act, 2011 and brought to notice

of this Court regarding bar of jurisdiction that no Civil Court shall

have jurisdiction to settle, decide or deal with any question

which is by or under this Act is required to be settled, decided or
                                      20



dealt   with    by   the    competent     authority    or   the   Assistant

Commissioner as the case may be. Learned counsel also would

vehemently contend that both the Courts failed to take note of

said fact into consideration.


        17.    Per contra, learned counsel for caveator-respondent

Nos.1 and 2 would vehemently contend that while filing the

petition, the petitioners not only invoked the provisions under

Section 27(2)(r) and 31(1)(a) of Karnataka Rent Act and also

sought for eviction under Section 5 of the Karnataka Rent Act,

1999. Learned counsel would vehemently contend that no

dispute with regard to the fact that nature of tenancy is

moolageni and brought to notice of this Court Section 3 and 3(h)

regarding definition of premises and tenancy. Learned counsel

would vehemently contend that in terms of lease which is

marked as Ex.P8, it is very clear that annual rent is payable per

annum and petitioners committed default in payment of rent and

legal notice was issued and reply was given. Learned counsel

would    vehemently        contend   that   original   tenant     died   on

13.02.2008 and petition is filed after five years, since the right
                                 21



accrues to the legal representatives of original tenant for a

period of five years and only after the period of five years,

eviction petition is filed.


      18.    Learned counsel for caveator-respondent Nos.1 and

2 also brought to notice of this Court judgment passed by the

Apex Court in Special Leave Petition (Civil) No.9975 of

2025 dated 07.04.2025. The counsel referring this judgment

brought to notice of this Court discussion made in paragraph

No.16 in respect of definition 2(g) as well as paragraph No.17,

wherein discussion was made with regard to above Section

which would indicate that the dependent heir of the original

tenant unless she is the widow of the original tenant would be

entitled to carry on as a tenant in such capacity for a period of 5

years from the demise of the original tenant. Learned counsel

referring this judgment also brought to notice of this Court

paragraph No.45, wherein also discussion was made that in

other words, the attempt on the part of the learned counsel was

to persuade us to accept the argument that if Section 2(g) of the

Act, 1997 is not applicable, then in such circumstances the
                                  22



petitioner has a right to continue in occupation of the premises

in question as the legal heir of the original tenant.


      19.   Learned counsel also brought to notice of this Court

the judgment of the co-ordinate Bench of this Court passed in

House Rent Rev. Petition No.28 of 2021 dated 05.09.2024

and brought to notice of this Court discussion made in paragraph

No.7 with regard to tenancy of mulgeni and paragraph No.16

and so also paragraph No.25, wherein discussion was made in

respect of Section 5 of the Rent Act is concerned and comes to

the conclusion that Rent Act is applicable to the case on hand

and contend that similar set of facts was considered in the said

petition and the counsel brought to notice of this Court

paragraph No.31, wherein an observation is made that in view of

the judgment of the Apex Court and co-ordinate Bench of this

Court, it is crystal clear that the Mooldar is also a type of tenant

that has been defined under Karnataka Rent Act. In the eviction

petition by the tenant that he is protected under the Karnataka

Rent Act 1999 cannot be countenanced in law, in view of the

principles enumerated in the judgment of the Apex Court and
                                 23



also the co-ordinate Bench of this Court. Learned counsel also

brought to notice of this Court with regard to invoking of Section

5 of the Karnataka Rent Act, 1999 and passing the order

invoking the said provision.


      20.   The counsel also relied upon the judgment of the

Apex Court in PATRIC JOHN (SINCE DECEASED) BY L.Rs.

VS. SOMASHEKHAR reported in 2009 SCC ONLINE KAR 79,

wherein also discussion was made with regard to Section 3(n)

and 5 of Karnataka Rent Act, 1999 and discussed with regard to

the restrictions on the rights of legal representatives of tenant

under Section 5, wherein it is held that provisions of Section 5 is

applicable even to a tenant who had died during the pendency of

proceedings initiated under the old Act and prior to coming into

force of the 1999 Act. Further it is also held that legal

representatives of such tenant will have the right to inherit only

in terms of Section 5, even though they were brought on record

prior to commencement of the 1999 Act and such legal

representatives will remain as legal representatives only for the

purpose of Section 5 and will not get the status of rent. Learned
                                  24



counsel referring this judgment would contend that only for a

period of five years as enumerated under Section 5 confers the

right to continue and not more than that. Learned counsel would

contend that in the case on hand also, the respondents are legal

representatives of original tenant and contend that Section 5

attracts and no other proviso.


      21.   In reply to this argument of learned counsel for

caveator-respondent Nos.1 and 2, learned counsel for the

petitioners would vehemently contend that citations referred

above and Section 5 is subject to the contract and Section 5 not

overrides   the   explicit   contract.   Learned   counsel   would

vehemently contend that in both the judgments of the Trial

Court and Rent Revision Court, not discussed the proviso of the

Karnataka Conferment of Ownership on Mulgeni or Volamulgeni

Tenants Act, 2011, since there is a bar under Section 10. Hence,

the impugned order of the Trial Court as well as the Rent

Revision Court are liable to be set aside.


      22.   Having heard learned counsel for the petitioners and

learned counsel for the caveator-respondent Nos.1 and 2 and
                                    25



also the grounds which have been urged in both the petitions,

the points that would arise for consideration of this Court are:

      (1)   Whether the petitioners in H.R.R.P.No.5/2024
            have made out the grounds to set aside the
            order   passed    in   Rev.    (Rent)     No.14/2021
            allowing   the    petition    in   coming    to    the
            conclusion that the Trial Court has committed
            an error in dismissing the petition under
            Section 27(2)(r) and 31(1)(a) of the Karnataka
            Rent Act, 1999?

      (2)   Whether    the     Rent      Revision     Court    has
            committed an error in coming to the conclusion
            that the Trial Court erred in acting outside its
            jurisdiction allowing to make valuation and
            make payment for eviction by answering the
            same as 'affirmative' and that Trial Court ought
            not to have exercised such powers and it
            requires   interference       of   this    Court    in
            H.R.R.P.No.5/2024?

      (3)   Whether the petitioners in H.R.R.P.No.6/2024
            have made out the grounds to set aside the
            order of dismissal passed in Rev. (Rent)
            No.10/2021 confirming the judgment of the
            Trial Court granting the relief under Section 5
                                 26



            of the Karnataka Rent Act, 1999 and it requires
            interference of this Court?


      (4)   What order?


POINT No.1:


      23.   Having heard the counsel in H.R.R.P.No.5/2024

wherein specific contention was made that Rent Revision Court

committed an error in allowing the petition filed under 27(2)(r)

and 31(1)(a) read with Section 5 of the Karnataka Rent Act,

1999. It is contended in the Revision Petition that very approach

made by the Rent Revision Court that the Trial Court committed

an error in dismissing the petition under 27(2)(r) and 31(1)(a) is

erroneous and ought not to have allowed the petition in respect

of 27(2)(r) and 31(1)(a) read with Section 5 of the Karnataka

Rent Act, 1999. Having taken note of the said contention and

also it is not in dispute that petition is filed under 27(2)(r) and

31(1)(a) of the Karnataka Rent Act, 1999. The Trial Court having

considered the ground sought for eviction for personal use and

occupation of the original tenant considered the same and while

answering the said point for consideration in respect of point
                                 27



No.2 framed for consideration whether the petitioners prove that

she being a widow, requires the petition premises for bonafide

use and occupation while seeking the relief invoking 27(2)(r) and

31(1)(a) of Karnataka Rent Act comes to the conclusion that the

original petitioners sought that the petition premises is required

for bonafide occupation and use will not arise for consideration

on account of death during the pendency of the case. When such

finding is given Rent Revision Court fails to take note of the said

fact into consideration and no any other averment made in the

petition that any other family members are required to petition

schedule premises and proviso under Section 27(2) is very clear

with regard to if the premises required for bonafide use of

herself as well as any family members, then Court can examine

the same and consider the same, but on account of death of the

original petitioner, she has claimed that petition schedule

premises is required for her bonafide use and occupation. In the

absence of any other amendment or pleading, question of

granting the relief under Section 27(2)(r) and 31(1)(a) does not

arise. The Rent Revision Court fails to take note of the said fact

into consideration and nothing is discussed in the judgment
                                 28



regarding 27(2)(r) is concerned. Hence, committed an error in

allowing the petition filed under 27(2)(r) and 31(1)(a) of the

Karnataka Rent Act, 1999 also. Hence, I answered the point

No.1 as affirmative.

POINT NO.2:

      24.   Having considered the grounds urged by the revision

petitioner's counsel and also the counsel appearing for the

respondent and having framed the point for consideration, the

question before this Court is whether Rent Revision Court has

committed an error in coming to the conclusion that the Trial

Court erred in acting outside its jurisdiction allowing to make

valuation and make payment for eviction by answering the same

as affirmative and the Trial Court ought not to have exercise

such powers and the said findings requires interference of this

Court.

      25.   Having perused the order of the Trial Court, no doubt

while allowing the petition under Section 5 of the H.R.C Act, a

direction was given to parties to the petitioner shall ascertain the

value of improvements made in the petition property by four

gentleman within 2 months from the date of the order. On
                                 29



receipt of valuation of improvements made in the petition

property, petitioner Nos.1(a) and 1(b) shall deduct the arrears of

rent payable by the respondents and pay the balance value of

improvements to the respondent and further direction was given

that respondents on receipt of value of the improvements, shall

hand over the vacant possession of the petition property along

with improvement within one month from the date of amount.

No doubt having considered the Ex.P.8 there is a clause, in case

of any forfeiture of the lease there is a recital to consider the

improvement and the same has been extracted in paragraph

No.23 of the Trial Court. Having perused the covenant only

observes that it is clear that petition was filed under Section 5 of

Rent Act as the Mulageni binds the legal representatives of

parties to the Ex.P.8 and also even discussed the provision under

Section 5 of Rent Act. Having discussed Section 5 also fails to

take note of the proviso under Section 5 of the Rent Act, but

relies upon Ex.P.8 that it makes it clear that respondent did not

pay the Mulageni for a continuous period of 5 years, the

Mulageni stands forfeited.
                                30



      26.    It is also important to note that possession of the

petition    property   along   with   improvements,     cost    of

improvements shall be estimated by the four gentleman and pay

the improvement cost after deducting the arrears of rents to the

Mulagenidar. No doubt there is a covenant in the said document,

but the fact is that when four gentleman examines and estimate

the improvement cost and again there would be a dispute with

regard to making of estimation regarding improvement and the

same cannot be decided. Hence, the very order passed by the

Trial Court allowing the petition under Section 5 would be

defeated giving such direction. The Rent Revision Court rightly

comes to the conclusion that it can be done in a separate

proceedings and not in the petition filed under Section 5 of Rent

Act. No doubt, there is a recital in Ex.P.8 covenant for

improvement and the same cannot be done in view of the

specific provision under Section 5 of the Act that tenant is

entitled for protection under Section 5 and the same is only for a

period of 5 years in view of the subsequent enactment of 1999

and the Court has to take note of the very object and intention

and wisdom of the legislature while incorporating Section 5 of
                                   31



Rent Act since the Trial Court has allowed the petition under

Section 5 of Rent Act and ascertaining the value of improvement

made in the petition property as stipulated in Ex.P.8 that could

be considered in a separate proceedings and if that report and

estimation is disputed, there will be no end and also further

direction that on the receipt of the valuation of improvement

made in the petition property, petitioner shall deduct the arrears

and pay the balance value of improvement again the same is a

disputed question of fact and though direction was given that

respondent on receipt of value of improvement shall hand over

the   vacant   possession    of   petition   property   along   with

improvement within one month from the date of receipt of

amount, but if that report is disputed, again the provision under

Section 5 of Rent Act will become futile. Hence, Rent Revision

Court comes to the conclusion that the same cannot be done and

the same can be done only in a separate proceedings. Hence, I

do not find any error committed by the Trial Court in reversing

the finding in allowing the revision petition.
                                 32



POINT No.3:

      27.   The revision petitioner's counsel would vehemently

contend that in H.R.R.P.No.6/2024 both the Courts             have

committed an error in invoking Section 5 of Rent Act and

Rev.(Rent).Nos.10/2021 confirming the judgment of the Trial

Court. The main grievance of counsel appearing for the revision

petitioner is that there is no dispute that there is a registered

lease agreement dated 27.07.1961 in terms of Ex.P.8. It is also

important to note that during the life time of original tenant no

such any case is filed against him, but petition is filed invoking

under Section 27(2)(r) and 31(1)(a) and also Section 5 of H.R.C

Act. It is also important to note that the original tenant died in

the year 2008 and also it is the specific case of the original land

owner that rent for a period of 5 years has not been paid. It is

also not in dispute that notice was issued forfeiting the lease

since there is a proviso in the lease itself that in case rent has

not been paid for a period of 5 years, the lease will be forfeited.

The fact that notice was issued and lease was forfeited is not in

dispute, but no doubt a reply was given along with arrears of

rent and the same has not been accepted.
                                 33



      28.   It is also important to note that the Court has to take

note of the very clause in Ex.P.8 and specific recital is made in

case of default for a period of 5 years, tenancy would be

forfeited and accordingly tenancy was forfeited by causing legal

notice. It is also important to note that having issued such notice

of forfeiture of the waited for a period of 5 years and petition is

filed in the year 2013 and since the original tenant died on

13.02.2008 and after the expire of 5 years, allowing the tenants

who are the legal heirs of original tenant filed the petition. It is

also observed by both the Courts that there is no any covenant

in the Ex.P.8 for renewal of the lease on payment of arrears of

rent. No doubt counsel appearing for the revision petitioner

contend that petition is not filed under Section 27(2)(a)

regarding arrears of rent. The counsel would vehemently

contend that the Court has to determine arrears of rent and

direction may be given and no such occasion arises in the case

on hand as soon as notice was issued, the very tenant sent the

arrears of rent along with D.D and the same is not accepted.

When such being the case and when the petition is not filed

under Section 27(2)(a), question of giving any time to the
                                 34



tenant   to   make   the   payment   of   rent   and   continue   the

proceedings does not arise when the petition is not filed under

Section 27(2)(a) of the Act.

      29.     The other contention of the counsel that it is a

perpetual lease and the same is a contract and hence, cannot be

evicted and also counsel would contend that Rent Act cannot be

invoked and Ex.P.8 lease deed is very clear regarding it is a

perpetual lease. On the other hand the contention that when the

rent has agreed, not been paid for a period of 5 years and even

if it is a perpetual lease and the same is forfeited in terms of

Ex.P.8. It is not in dispute that there is a clause in Ex.P.8 that

forfeiture would be made in case of default of payment of rent

for a period of 5 years. It is also not in dispute that in terms of

the registered lease agreement, rent is payable Rs.30/- per

annum. When such being the case, the very contention of the

counsel that tenancy is a fixed term of contractual lease cannot

be accepted and the same has been terminated in terms of

clause in Ex.P.8.

      30.     No doubt counsel appearing for the revision petition

relied upon the judgment reported in (2001) 7 Supreme Court
                                  35



Cases 409 in case of Laxmidas Bapudas Darbar and

another V/s Rudravva (Smt) and others and the said

judgment is not applicable to the facts of the case on hand and

the said petition was filed under Section 21 of Karnataka Rent

Control Act wherein also held that it can be initiated only on any

of the grounds mentioned in clause (a) to (p) of the proviso to

sub-section (1) of Section 21 and only when the lease deed such

ground is also provided as one of the ground for forfeiture of the

lease and held that Rent Acts have primarily been made to

protect the tenants and also discussed that it is a provision

providing statutory protection to the tenants and proviso limits

the grounds on which a landlord can seek eviction of a tenant.

The non obstante clause contained under Section 21, will

override any condition in any contract which may provide a

ground for eviction other than those enumerated in clauses (a)

to (p) of sub-section (1). It has to be noted that the old act was

repealed by bringing a new enactment of Karnataka Rent Act,

1999.

        31.   It is also important to note that while repealing the

old act Section 70 is also introduced which says that Karnataka
                                 36



Rent Control Act is hereby repealed and also sub-clause 2 says

that not withstanding such repeal and subject to the provisions

of Section 69. Hence, Section 70 of the Act has got 3 parts,

Section 70(2)(a), (b) and (c). The cases of proceedings coming

within the provisions of Section 70, 70(2)(a), they will continue

under the repealed act and the provisions of the act are not

made applicable and to this extent the act can be held to be

prospective and also detailed discussion was made that two

things emerges from this provision of sub section (2) clause (b)

of Section 70. The proceedings and cases have to be continued

and disposed of under the act must be in accordance with

provisions of the act itself, that means the provisions of the act

would govern all such proceeding pending, for which the

provisions of the act are applicable.

      32.   It is also very important to note that Court has to

take note of Section 3(n) of Karnataka Rent Act definition of

tenant for the purpose of the Act which reads as follows:

            Section 3(n):     "Tentant" means any person
      by whom or on whose account or behalf the rent of
                                  37



      any premises, is or but for a special contract would
      be, payable, and includes;


            i)   a sub-tenant;

            ii) any person continuing in possession
                 after the termination of his tenancy, but
                 does not include any person to whom a
                 licence as defined in Section 52 of the
                 Indian Easements Act, 1882 (Central At
                 5 of 1882) has been granted;

            iii) a deserted wife of a tenant who has
                 been or is entitled to be in occupation of
                 the   matrimonial    home   or    tenanted
                 premises of husband; and

            iv) a divorced wife of a tenant who has a
                 decree of divorce in which the right of
                 residence in the matrimonial home or
                 tenanted      premises      has      been
                 incorporated as one of the conditions of
                 the decree of divorce;


      33.   Having read Section 70 of Karnataka Rent Act, 1999

and also having read Section 3(n) it is very clear that rent of any

premises is or but for a special contract would be, payable, and
                                 38



includes a sub tenant, any person continuing in possession after

the termination of his tenancy, but does not include any person

to whom a licence as defined in Section 52 of the Indian

Easements Act, 1882 (Central At 5 of 1882) has been granted.

Having read Section 3(n) as well as Section 70, the old act was

repealed and certain provisions were also made for continuation

of the proceedings and also tenancy is defined under Section

3(n) of the new enactment Karnataka Rent Act, 1999, the

definition of tenant, it includes the special contract. In the case

on hand also, it is a case of Mulageni. It is also important to note

that as on the date of entering into a lease agreement under

registered document in terms of Ex.P.8, the Rent Act, 1999 was

not in existence, but new enactment of Rent Act came into

existence in view of introducing the new enactment and

repealing the old Rent Control Act and specific provision is made

under Section 5 of the new Act. This Court would like to extract

Section 5 of the Rent Act which reads as follows:

            "Section 5. Inheritability of tenancy.-(1) In the
      event of death of a tenant, the right of tenancy shall
      devolve for a period of five years from the date of his
                            39



death to his successors in the following order,
namely.-


   (a) spouse;

   (b) son or daughter or where there are both
   son and daughter both of them;

   (c) parents;


   (d) daughter-in-law, being the widow of his
   predeceased son:


      Provided that the successor has ordinarily been
living or carrying on business in the premises with
the deceased tenant as a member of his family up to
the date of his death and was dependent on the
deceased tenant:


      Provided further that a right to tenancy shall
not devolve upon a successor in case such successor
or his spouse or any of his dependent son or
daughter is owning or occupying a premises in the
local area in relation to the premises let.


      (2) If a person, being a successor mentioned in
sub-section (1), was ordinarily living in or carrying
                                   40



      on business in the premises with the deceased
      tenant but was not dependent on him on the date of
      his death, or he or his spouse or any of his
      dependent son or daughter is owning or occupying a
      premises in the local area in relation to the premises
      let to which this Act applies such successor shall
      acquire a right to continue in possession as a tenant
      for a limited period of one year from the date of
      death of the tenant; and, on the expiry of that
      period, or on his death, whichever is earlier, the
      right of such successor to continue in possession of
      the premises shall become extinguished. "


      34.    When this Court having considered the judgment

contended by the revision petitioner's counsel that in the said

judgment not discussed about Section 5 of new enactment of

Rent Act, 1999. This Court has to take note of the principles laid

down in the judgment of division bench reported in (2009) 5

KLJ 345 in case of Patric John (Since deceased) by L.Rs

V/s Somashekhar           wherein this Court discussed Section

70(2)(a)    regarding   whether   the   same   is   retrospective   or

prospective and held it is a prospective in limited sense i.e., only

the cases and proceedings coming within the provisions of
                                 41



Section 70(2)(a) of the 1999 Act will continue under the

repealed Act and provisions of 1999 Act to such proceedings will

not apply. It is also made it clear that under sub clause 2(b) of

Section 70 applicability of the Act also discussed pending

proceedings under the old Act held that all proceedings though

initiated prior to the coming into the force of the 1999 Act, which

are continued under this Act, had to be proceeded in terms of

the provisions of 1999 Act itself. Hence, all the provisions of the

1999 Act would be applicable as if the said proceedings are

initiated under the provisions of the 1999 Act.

      35.   In this judgment also discussed with regard to

Section 3 and Section 5 of Rent Act, 1999. It is important to

note that restrictions on the rights of legal representatives (LRs')

under Section 5 and also discussed applicability held that

provisions of Section 5 is applicable even to a tenant who had

died during the pendency of proceedings initiated under the old

Act and prior to coming into force of the 1999 Act. Further held

that legal representatives of such tenant will have the right to

inherit only in terms of the Section 5 even though they were

brought on record prior to commencement of 1999 Act, such
                                 42



legal representatives will remain as legal representatives only for

the purpose of Section 5 and will not get the status of tenant.

Having considered the principles laid down in the judgment it is

very clear that the right of inheritance is given for a period of 5

years only.

      36.     It is the contention of the revision petitioner's

counsel that earlier document of lease deed confers the right as

a statutory tenant and the said contention cannot be accepted. It

is very clear that tenancy is a right of inheritance as original

tenant is no more. In the very judgment in paragraph No.13

referred supra discussed in this regard, they also relied upon the

provisions of Section 3(n) of the Act, the definition of tenant,

Section 3(n) of the Act does not includes spouse, children

whether defendant or not. This makes it clear legislature had not

intended to extend the tenancy rights to the successors of

tenant and such tenancy rights get extinguished the moment

tenant dies. If the tenant dies during the pendency of the

proceedings, his legal representatives would come on record

only to derive the benefit of Section 5 of the Act and not for any
                                   43



other reason and this Court would like to extract the very

paragraph No.13 of the judgment.

     "     In    this   regard,   they   also   relied   on   the
     provisions of Section 3, clause (n) of the Act, the
     definition of 'tenant'. Section 3, clause (n) does not
     include spouse, children, whether dependent or not.
     This makes it clear that, Legislature had not intended
     to extend the tenancy rights to the successors of
     tenant and such tenancy rights get extinguished the
     moment tenant, dies. If the tenant dies during the
     pendency of the proceedings, his legal representative
     would come on record only to derive the benefit
     under Section 5 of the Act and not for any other
     reason. "
     37.   This Court also would like to rely upon judgment of

this Court Manu/KA/0673/2004 in the case of Jaya Andrews

V/s Yusuf wherein it has been held that legal representatives of

the original tenant can be continue for a period of 5 years from

the death of original tenant and then quit and deliver vacant

possession of the schedule premises. The said dictum indicates

that maximum period of tenancy that can be inherited is 5 years

and that cannot be read as minimum period. It is also important

to note that the very Section 5 of Rent Act was also discussed in
                                    44



this judgment that inheritance of tenancy and death of tenant

and right of tenancy devolves on his legal representatives only

for a period of 5 years and Section 5 is also very clear that in the

event of death of the tenant, the right of tenancy would devolve

upon legal representatives only for a period of 5 years and also

to be taken note of in the context of Section 31(1)(a), what

legislature intends by this provisions is to restrict the heritability

of tenancy depending upon the circumstances under which the

said tenancy is claimed. The maximum that could be claimed is

for a period of 5 years. It has nothing to do with the Court power

to pass an eviction order against the legal representatives of

deceased tenant during the said period of 5 years. If the original

tenant could be evicted from the premises on the land lord

making out a case for eviction, under Section 5 for any other

provisions of Rent Act, a similar eviction could be passed against

the legal representatives of the deceased tenant.


      38.   This Court in the judgment reported in (2009) 6

KLJ     621     in     a    case        of   P.M.Nagajyothi      V/s

V.M.Ramasanjeevasheety and others wherein also discussion
                                     45



was made in respect of 3(n) and Section 5 wherein held that

inherited tenancy of husband whether successor inherited

tenancy under Section 5 of the Act, whether such tenant liable to

be evicted within a period of 5 years of inheritance held that

according to Section 5, right of tenancy would devolve on certain

categories   of   successors   of    deceased   tenant   and   certain

conditions have to be complied with by the successors and also it

is held that Section 3(n) of the Act is exhaustive in respect

categories of persons who pay the rent, person who has a

successor has inherited tenancy would also to be included within

the definition. A successor who has inherited tenancy is a

statutory tenant under Section 3(n) since the definition of tenant

is not exhaustive. Hence, a successor of tenant who inherited

tenancy under Section 5 is a tenant under Section 3(n) and

tenant under Section 27(1)(n) of the Act would then include

inherited tenant under Section 5. When Section harmonizing

with Section 3(n) is read with Section 27 would mean that an

inherited tenancy under Section 5 is liable to be evicted within a

period of 5 years if landlord make out a case for eviction and

tenant has to vacate the premises.
                                46



      39.   This Court also would like to rely upon the judgment

decided on 19.12.2023 in a case of Vinod and Others V/s

Mudakappa and Others in connected matter reported in

MANU/KA/3694/2023 wherein also discussion was made

when the original tenant died after coming into force of act

Section 5 of Act is applicable and death of tenant and right of

tenancy shall devolve for a period of 5 years from the date of his

death on said count.

      40.   This Court would like to rely upon the judgment

passed in H.R.R.P.No.706/1999 decided on 24.02.2003 in case

of Shahwar Basheer and others V/s Veena Mohan and

Others also discussed that revisions have to be disposed of only

with reference to the Section 5 of the Act wherein held that it

would be open for the landlord to stay claim under Section 5 and

obtain the possession of the premises in the occupation of

successors of the tenant after the expire of the term permitted

under Section 5 as it is a new substantive remedy provided for

the enforcement of an existing right. It is also held that because

of the provision of the present Act, especially Section 5 were not

in existence at the time of the orders were passed and more still
                                 47



as there is no consideration of material on record with reference

to the altered law that governs the field, now, this Court sitting

in revision can adjudicate the matter in terms of the alter law as

subsequent    developments    and    altered   circumstances   are

relevant at all stages of proceedings. It is also observed in this

judgment that the right that accrues to the successors under

Section 5 is not an absolute right in that the right to continue in

possession during the subsistence of the inheritance of tenancy

is always subjected to the rights of the land lord seeks for their

eviction. If it requires for the same or if a right accrues to him

for such eviction from the acts of commission or omission of the

successors in violation of legal obligation of the contract of

tenancy.

      41.    This Court would like to rely upon the judgment

reported in (2009) 3 KarLJ 386 in case of B.K.Suresh Babu

and Ors V/s ANanthalakshmi and Ors wherein Section 5 of

Karnataka Rent Act, 1999 was also discussed and held that

Section 5 of Act says rights of legal representatives as tenant

extinguished after five years from date of death of original

tenant and ratio decided in this case is that as per Section 5 of
                                48



Karnataka Rent Act, 1999, in absence of independent right to

occupy tenancy rights of legal representative stood extinguished

after five years from death of original tenant and this judgment

in paragraph No.9 held that Section 5 is prospect in operation, in

that, the right of a legal representative of a tenant to claim

protection under Section 3(n) read with Section 21 of the 1961

Act is taken away prospectively with coming into force of 1999

Act, which recognizes only a limited right in such legal

representatives. Section 5 is not applied retrospectively as a

requisite for an action in terms of Section 5 is an event that has

occurred before coming into force of new Act. The right of legal

representative of a tenant who claims his right to occupation

only as a successor of a tenant, but not under an independent

right would have to be addressed in terms of Section 5 which

contemplates that the tenancy would stand determined with the

death of the tenant subject to Section 5.

      42.   Having considered the principles laid down in the

judgment referred supra and also the judgment relied upon by

the counsel appearing for the respondent in a similar set of facts

in the judgment of this Court dated 05.09.2024 passed in
                                 49



H.R.R.P.No.28/2024 wherein also in a case of issue of Mulageni

was considered and so also discussed in paragraph No.25 the

issue of whether rent Act is applicable or not and also the issue

of if it is a registered deed which protects the right of tenant and

the same is also considered and even though the judgment of

LAXMIDAS BAPUDAS DARBAR AND ANOTHER VS. RUDRAVYA

(SMT) AND OTHERS referred by the counsel for the revision

petitioner was also taken and co-ordinate bench of this Court in

M/s Bombay Tyres International Ltd., V/s K.S.Prakash reported

in AIR 1997 Kant 311 also discussed and in the judgment of

LAXMIDAS BAPUDAS DARBAR case Supreme Court held that

eviction proceedings under the Rent Control Act can be initiated

before the expire of during the currency of the lease period and

only on any of the grounds mentioned in 21(a) to (b) of Rent

Control Act and only when such ground is also provided in the

lease deed as one of the ground for forfeiture of lease, referring

those two judgments, comes to the conclusion that Supreme

Court as well as co-ordinate bench held that the Muldar is also a

type of tenant that has been defined under Karnataka Rent Act

and hence, held that the very contention that tenant is protected
                                    50



under the Karnataka Rent Act cannot be countenanced in law.

This   Court    also   discussed   in   paragraph   No.45   discussed

extracting Section 5 of Rent Act regarding inheritability of

tenancy and in paragraph No.47 comes to the conclusion that it

is crystal clear that if original tenant dies persons who are

entitled to remain in the property as a persons who are directly

dependent on the original tenant over a period of 5 years.

       43.     Having considered all these principles laid down in

the judgment referred supra, it is very clear that under the

circumstances landlord is also entitled to eviction of the

respondent from the petition premises by resorting to Section 5

of the Rent Act, 1999. In the case on hand also no doubt there

was a lease for period of 99 years that is in favour of the original

tenant and subsequently he passed away and also in terms of

Ex.P.8 it is very clear that lease can be forfeited in case of

default in non-payment of rent for a period of 5 years and

hence, lease also forfeited. It is also important to note that after

the death of original tenant, a notice was given and forfeited the

tenancy on the ground of non-payment of rent and also they

waited for a period of 5 years to file the petition since there was
                                 51



a provision under Section 5 of Rent Act, the right of inheritance

of tenancy for a period of 5 years and also proviso is very clear

that only for a period of 5 years they are entitled and in view of

specific provision is made under the Rent Act, the very

contention of the counsel appearing for the petitioner that

cannot invoke Section 5 and it is a perpetual tenancy and also

the revision petitioner is statutory tenant cannot be accepted

and special provision is made under Section 5 of Rent Act to

evict the tenant who are the legal heirs of original tenant. Hence,

the contention of revision petitioner cannot be accepted that the

Trial Court and Revision Court committed an error in invoking

Section 5 and the dismissal of Rev. (Rent) Nos.10/2021

confirming the judgment of the Trial Court is erroneous cannot

be accepted. Hence, I answer the same as negative.

POINT No.4:

      44.    In view of the discussions made above, I pass the

following:

                                ORDER

i) The petition H.R.R.P.No.5/2024 is allowed in part and granting the relief under Section 27(2)(r) and 52 Section 31(1)(a) of the Karnataka Rent Act, 1999 is hereby set-aside only.

ii) The order passed in H.R.R.P.No.5/2024 and H.R.R.P.No.6/2024 are confirmed invoking Section 5 of Karnataka Rent Act, 1999 and consequently the revision petitioner is given 2 months time to vacate and hand over the premises to the respondent.

Sd/-

(H.P. SANDESH) JUDGE ST, RHS