- (1.) Leave granted.
(2.) The respondents laid the proceedings under Section 21 (h) and (j) of the Karnataka Rent Control Act, 1961, for short the Act for ejectment of the tenant, Vishnu Narayan Gadskari. The District Munsif, Belgaon granted a decree for ejectment and an appeal was filed and during its pendency the tenant died. Thereafter, the appellants came on record as his legal representatives. The District Judge held that the tenancy was not heritable. Accordingly, the appellants cannot maintain the appeal. On that finding, the appeal was dismissed and on revision the High court confirmed the order of the District Judge. Hence this appeal by special leave under Article 136.
(3.) Admittedly, the premises is a non-residential one. Section 3 (r) defines the tenant: (R) "tenant" means any person by whom or on whose account rent is payable for a premises and "includes" the surviving spouse or any son or daughter or father or mother of a deceased tenant who had been living with the tenant in the premises as a member of the tenant's family up to the death of the tenant and a person continuing in possession after the termination of the tenancy in his favour, but does not include a person placed in occupation of a premises, by its tenant or a person to whom the collection of rents or fees in a public market, 429 cart-stand or slaughter house, or of rents for shops has been framed out or leased by a local authority.;