The main legal point established is that the surrender of a lease does not prejudice an underlease, and the underlessee may become the head-lessee under the lessor by operation of statutory provisions.

( 1 ) THE tenant has preferred this revision petition under Section 115 of the Code of Civil Procedure alleging that both the Courts below have erred in determining the jurisdictional issue pertaining to the alleged relationship of landlord and tenant between the contesting parties.

( 2 ) IT is not in dispute that the petition premises measuring 10' x 10' abutting station road is part and parcel of C. T. S. No. 2674, Hubli Municipality, which in all measures 75' x 10'. It was owned by Moorusaviramath. The Swamiji of the Math had given on lease the petition premises along with the other abutting properties to a Partnership firm M/s. Shah Parasmal Pittaji Jain and Sons, (in short the 'firm') in the year 1969 for a period of 9 (nine) years. The petition Premises was sub-leased to the present Petitioner by the firm much before the expiry of the period of lease in favour of the firm. The respondent took the entire CTS along with the petition Premises on lease for a period of 51 years under the registered lease deed dated 6-2-1974 (Ex. P-1 ). Subsequently, the respondent filed eviction petition in the Court of the 1st Additional Munsiff at Hubli being H. R. C. No. 67/76 seeking eviction of the petitioner on the ground of bona fide personal necessity in terms of Clauses (h) and (j) of the proviso to Section 21 (1) of the Karnataka Rent Control Act, 1961 (in short the 'k. R. C. Act' ).

( 3 ) IN the trial Court, the petitioner entered his appearance and filed his objections inter alia contending that there is no relationship of landlord and tenant between him and the respondent and therefore the eviction proceedings were not maintainable. However, the plea so raised by him was rejected by the trial judge and directed eviction by accepting the plea of the respondent of having bona fide personal necessity. Against the above judgment, the petitioner preferred revision under Section 50 of the KRC Act before the District Judge, Dharwad, in Revision (Rent) 84/88 but the same was also dismissed under the impugned judgment dated 6-12-1997.

( 4 ) IT may be of relevance to mention here that during the pendency of the revision petition, the petitioner acquired title over the petition premises under the registered sale deed dated 1-9-1994 executed by the Swamiji of the above Math. However, the lower revisional Court has taken the view that because of execution of the registered lease deed at Ex. P-1 in favour of the respondent on behalf of the Math, there will be deemed surrender of lease by the Firm and the respondent will be deemed to have entered into the shoes of lessee firm and thus, the petitioner remained sub-lessee under the respondent. The District Judge as also held that despite acquiring of title over the petition premises, his status as a sub-lessee qua the respondent has remained unaltered. Therefore, according to the learned District Judge, eviction proceedings were maintainable under Section 21 of the KRC Act at the instance of the respondent, who, according to him can claim to be the landlord of the petition premises.

( 5 ) IN my opinion, the finding arrived at by the learned District Judge, suffers from foundational infirmities on the jurisdictional issue. The question to be attended in the present revision petition is as to whether because of execution of the registered lease deed dated 6-2-1974 in favour of the respondent, the petitioner by operation of any statutory provision or legal principle had ipso facto become a sub-tenant under him or because of implied surrender of lease by the firm he had himself become the head tenant under the Math.

( 6 ) IT is well established that the lease is a transfer of interest in immovable property. Section 105 of the Transfer of Property Act, 1882 (in short the 'tp Act') provides that a Lease of immoveable Property is a transfer of right to enjoy such property, made for a certain time, express or implied, and for consideration. Clause (j) of Section 108 of the T. P. Act, sub