VENKATESH THIMMAIAH GURJALKAR versus S.S. HAWALDAR

VENKATESH THIMMAIAH GURJALKAR versus S.S. HAWALDAR

The appellant had not inherited the tenancy for the non-residential premises and thus was not a tenant; a petition under Section 21 for eviction was not maintainable against him. Recovery of possession should be by suit, not by eviction petition.

Parties
Appellant: Venka Tesh Thimmaiah Gurjalkar; Respondent: S.S. Hawaldar
Jurisdiction
India
Judgment Date
15 October 1997
Procedural Posture
Civil Appeal / Final Decision by Supreme Court
Outcome
Appeal allowed
Legal Topics
Eviction, Inheritance of Tenancy, Non Residential Premises, Karnataka Rent Control Act
Landlord Tenant Property Law Eviction Inheritance of Tenancy Non Residential Premises Karnataka Rent Control Act

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Parties

Venka Tesh Thimmaiah Gurjalkar

Appellant

S.S. Hawaldar

Respondent

Procedural Posture

Civil Appeal / Final Decision by Supreme Court

Legal Issues

  1. 1 Whether the appellant inherited tenancy rights under the Karnataka Rent Control Act for non-residential premises
  2. 2 Whether an eviction petition under Section 21 of the Act could be maintained against the appellant

Ratio Decidendi

The appellant had not inherited the tenancy for the non-residential premises and thus was not a tenant; a petition under Section 21 for eviction was not maintainable against him. Recovery of possession should be by suit, not by eviction petition.

Court Disposition

Appeal allowed

Orders

  • Order of High Court dated 26.10.1983 set aside
  • Order of District Judge dated 4.3.1977 restored