GANTUSA H. BADDI (DEAD) BY LRS. versus MEERABAI G. PAI AND ORS.

GANTUSA H. BADDI (DEAD) BY LRS. versus MEERABAI G. PAI AND ORS.

The tenancy of non-residential premises is heritable under the Karnataka Rent Control Act, 1961. Acquisition of a vacant premises by a partnership firm (even if tenant is a partner) does not result in liability of eviction under S.21(1)(p) of the Act; only if the tenant personally acquires vacant possession does the provision apply.

Parties
Appellant: Gantusa H. Baddi (Dead) by LRs.; Respondents: Meerabai G. Pai and Ors.
Jurisdiction
India
Judgment Date
24 April 2000
Procedural Posture
Civil Appeal / Appeal From Karnataka High Court Judgment Affirming Eviction Order
Outcome
Appeal allowed
Legal Topics
Heritability of Tenancy, Eviction Under Rent Control Act, Definition of 'tenant'
Rent Control Property Law Heritability of Tenancy Eviction Under Rent Control Act Definition of 'tenant'

Case Brief

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Parties

Gantusa H. Baddi (Dead) by LRs.

Appellant

Meerabai G. Pai and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Karnataka High Court Judgment Affirming Eviction Order

Legal Issues

  1. 1 Whether tenancy in respect of non-residential premises is heritable under the Karnataka Rent Control Act, 1961
  2. 2 Whether acquisition of an alternative premises by a partnership firm of which the tenant is a partner incurs liability of eviction under S.21(1)(p) of the Act

Ratio Decidendi

The tenancy of non-residential premises is heritable under the Karnataka Rent Control Act, 1961. Acquisition of a vacant premises by a partnership firm (even if tenant is a partner) does not result in liability of eviction under S.21(1)(p) of the Act; only if the tenant personally acquires vacant possession does the provision apply.

Court Disposition

Appeal allowed

Orders

  • Order of eviction passed by Revisional Authority and affirmed by High Court quashed
  • Eviction application dismissed