Against the order of eviction the tenant preferred a revision petition in the High Court of Karnataka which was dismissed on December 19, 1983.
The tenant also assailed the genuineness of the will.
The tenant next companytended that the order of eviction being personal, it companyld number be inherited by or assigned in favour of the legal representatives.
The trial companyrt granted two years time to the tenant to companyply with its direction.
On the failure of the tenant to vacate the premises within the period of four years, which expired on December 31, 1987, the appellants, as legatees under the will and legal representatives of the deceased Jayashankar, filed an application for execution of the order for eviction in the Court of Small Causes, Bangalore on March 7, 1988.
Aggrieved by the order of the executing companyrt, the tenant preferred a revision petition before the High Court.
4138 of 1990.
Assailing the order of dismissal of his revision petition, the tenant filed a special leave petition in this Court which was also dismissed.
In resisting the execution, the tenant first companytended that the order for eviction having been made solely on the ground of bona fide use and occupation of the premises by Jayashankar to carry on a business, it had become ineffective, unenforceable and inexecutable on his death.
He left behind a will dated June 11, 1986 under which the suit premises were bequeathed to his brother, his wife and their son, the three appellants herein.
Overruling the objections raised by the tenant, the executing companyrt passed an order on July 20, 1990 directing issuance of a delivery warrant.
The High Court, however, granted four years time to the tenant to vacate the premises.
Before the period of four years granted by the High Court to the tenant to vacate the premises expired, Jayashankar died on October 26, 1986, to be precise.
The Judgment of the Court was delivered by MUKHERJEE, J. Special leave granted.
On March 22, 1973 one P.V. Jayashankar filed an application in the First Court of the Munsif at Bangalore under Section 21 1 of the Karnataka Rent Control Act, 1961 seeking recovery of possession of his number residential premises from his tenant, the respondent herein.
The companyrt lastly held that on the death of the landlord the rights created by the decree stood transferred in favour of the legal representatives and the same companyld number be defeated on the ground that the decreeholder had died.
This appeal stems from the judgment and order dated October 31, 1991 passed by the High Court of Karnataka in Civil Revision Petition No.
Though recovery of possession was sought for on various grounds the trial companyrt, by its judgment and order dated October 24, 1980, allowed the application solely on the ground that the suit premises were bona fide required by the landlord for his personal use and occupation and directed the tenant to hand over vacant possession of the same to Shri Jayashankar.
