ORDER

This Civil Appeal is directed against the judgment and order of the High Court of Karnataka dated 26.10.1983 in Civil Revision Petition No. 1091/81. The facts and circumstances in which the appeal arises need a brief notice at this stage.

2. The suit premises is a shop, which was let out by the father of the respondent-landlord, to one Thimmaiah, father of the appellant in or about 1940 for running a hair cutting saloon at a monthly rent of Rs. 40/-. There was a family partition and the suit premises fell to the share of the respondent-landlord, who thereafter became the owner and the landlord of the demised premises. According to the pleadings of the parties, in 1972, the original tenant Thimmaiah fell ill and stopped paying rent of the premises from January 1974 onwards. A notice was issued by the respondent-landlord to Thimmaiah terminating his tenancy and asking him to hand over the vacant possession of the suit premises. That notice was issued to him on 10.1.1974. Despite the notice having been received by Thimmaiah, he did not vacate the premises and hand over the possession to the landlord-respondent. Thimmaiah died on 12.7.1974. The appellant carried on the hair cutting