J.S.A. Raghava Reddy and ors. Vs. Appropriate Authority and ors.

- karnataka rent act, 1999 (34 of 2001) sections 3(n) & 5: [mrs. b.v. nagarathna, j] tenant successor of original tenant who has inherited tenancy under provisions of section 5 is a tenant within meaning of section 3(n). sections 27(2)(r) & 5(1): [mrs. b.v. nagarathna, j] inheritance of tenancy wife of deceased-tenant was living with him as member of his family up to date of his death and was dependent on him held, she would be entitled to inherit tenancy up to a maximum period of five years as stipulated in section 5(1). plea that inheritance of tenancy will be only for a period of one year since she was not carrying on any business in premises with deceased tenant is not tenable. section 27(2)(r): [mrs. b.v. nagarathna, j] eviction bona fide requirement for doing business held, successor of deceased-tenant can be evicted even within period of five years of inheritance. moreso when he has not rebutted presumption that requirement of landlord is genuine and there is no material with regard to availability of any other suitable accommodation, for doing business.s. rajendrababu, j.1. this petition is filed calling in question the action initiated by the respondents under chapter xx-c of the it act, 1961. the petitioners contend that, pursuant to a partition of an huf, the property in question is held by them in definite and separate shares. since sale of the said property has taken place after partition, the consideration is payable to each one of the members of the erstwhile huf in their respective shares. if so calculated, the value of the property falls outside chapter xx-c and s. 269uc cannot be invoked in a case where the consideration received is below rs. 10 lakhs though the total value of the consideration may be in excess of rs. 10 lakhs. 2. learned counsel on both sides refer to the decision in k. v. kishore vs. appropriate authority : [1991]189itr264(mad) and submit that the matter be disposed of in terms of the said decision. 3. following the said decision and for the reasons stated therein, this petition is allowed and the proceedings impugned in this case stand quashed.