K Narayanappa Versus R. Prakash

K Narayanappa
R. Prakash

Narayanappa while alive along with his two sons namely the appellants 1 and 2 herein filed petition in HRC No.32 of 2006 under Section 27(2)(a)(c)(o)(p)(r) and Section 31(1)(c) of the Karnataka Rent Act seeking eviction of the first respondent. During the pendency of the Eviction Petition Narayanappa died on 13.7.2006 and his wife namely the third appellant herein filed an application in I.A. No.7 in the Eviction Petition seeking to implead her also as a legal representative of Narayanappa. That application was contested by respondent no.1 herein by pleading that Narayanappa died as a bachelor and the appellants herein are not his legal heirs. It was held that Narayanappa declared appellants 1 and 2 herein as his sons while seeking eviction of respondent no.1 herein. The High Court misdirected itself in relegating the appellants to Civil Court as rightly contended by the learned counsel for the appellants and the order was unsustainable…read more