Y.S. GURURAJ Vs. PADMAVATHI AND ORS.

JUDGEMENT

(1.) Though this matter is listed for admission, with the consent of the parties, lower Court records are secured and the matter is heard for final disposal.

(2.) The plaintiff in S.C. No. 21/2012 on the file of II Addl. Senior Civil Judge, Mangaluru, Dakshina Kannada, has come up in this revision impugning the judgment and decree dated 24.09.2013.

(3.) Admittedly, respondent Nos. 1 to 5 herein are the widow and children of one Narayana C.V., who was inducted as tenant in respect of plaint 'A' schedule property i.e., commercial premises bearing No. 9 -7 -416 (said to be comprised in Sy. No. 256/1A) situate at Mukhyaprana temple cross road, kasba bazar village, Mangaluru Taluk and District. At the time when Narayana C.V. was inducted as tenant into the plaint 'A' schedule property (hereinafter referred to as the 'suit property'), it was under the ownership of one Smt. Sathyabhama Udupa, which fact is not in dispute. It is stated that Narayana C.V., the original tenant, died in the year 1989 and thereafter, his widow and children, who are defendants in the suit, are said to be continuing in possession of the suit property. It is contended by defendants that rents were paid to Smt. Sathyabama Udupa during her lifetime and subsequent to her death, defendant Nos. 2 and 3 have entered into lease agreement with the mother of the plaintiff, Smt. Indira Udupa, and they have been paying rent to her.