JUDGMENT

P.Sathasivam,J.

1) Leave granted.

2) This appeal is directed against the final judgment and order dated 18.06.2008 passed by the Division Bench of the High Court of Karnataka at Bangalore in Criminal CCC No. 32 of 2005 whereby the High Court dismissed the petition of the appellants herein.

3) Brief facts:

(a) The appellants herein are the children and legal representatives of late M. Channappa, who was the original complainant/landlord before the High Court. Late M. Channappa was the owner of the property bearing Old Survey No. 39/2A, Yediur Village, Bangalore South Taluk. He let out the eastern half portion of the said property to one Kachu Krishna Achari and western portion to one P.V. Lingaiah on rent. In view of the extension of the City, the property fell into the Bangalore City limits and is presently situated on the K.R. Road and bears No. 2038/A.

b) Late M. Channappa initiated eviction proceedings against both the said tenants and Kachu Krishna Achari came to be evicted pursuant to the decree granted by the competent court. The order of eviction was challenged by P.V. Lingaiah in HRRP No. 559 of 1996 before the High Court of Karnataka which came to be dismissed on