Full Judgment Text
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CASE NO.:
Appeal (civil) 6296 of 1998
PETITIONER:
MAHENDRA SAREE EMPORIUM
RESPONDENT:
G.V. SRINIVASA MURTHY
DATE OF JUDGMENT: 01/05/2002
BENCH:
R.C. LAHOTI & B.N. AGRAWAL
JUDGMENT:
JUDGMENT
2002 (3) SCR 694
The Judgment of the Court was delivered by
Proceedings for eviction of tenant from the suit premises were initiated
under Section 21 of the Karnataka Rent Control Act, 1961 before the court.
The High Court has allowed the landlord’s claim for recovery of possession
of the suit premises on the ground of sub-letting by the tenant. The decree
passed by the High Court has been put in issue by the tenant by filing this
appeal under Article 136 of the Constitution by special leave. During the
pendency of the appeal the Karnataka Rent Act, 1999 has come into force
with effect from 31st December, 2001. Section 70 of the 1999 Act-dealing
with repeal and savings provides as under :
"70. Repeal and Savings-(1) The Karnataka Rent Control Act, 1961 (Karnataka
Act 32 of 1961) is hereby repealed.
(2) Notwithstanding such repeal and subject to the provisions of Section
69 -
(a) all proceedings in execution of any decree or order passed under the
repealed Act, and pending at the commencement of this Act, in any Court
shall be continued and disposed of by such Court as if the said enactment
had not been repealed;
(b) all cases and proceedings other than those referred to in clause (a)
pending at the commencement of this Act before the Controller, Deputy
Commissioner, Divisional Commissioner, Court, District Judge or the High
Court or other authority, as the case may be, in respect of the premises to
which this Act applies shall be continued and disposed of by such
Controller, Deputy Commissioner, Divisional Commissioner, Court, District
Judge or the High Court or other authority in accordance with the
provisions of this Act.
(c) all other cases and proceedings pending in respect of premises to
which this Act does not apply shall as from the date of commencement of the
Act stand abated.
(3) Except as otherwise provided in Section 69 and in sub-section (2) of
this section, provisions of Section 6 of the Karnataka General Clauses Act,
1899 (Karnataka Act III of 1899), shall so far as may be applicable in
respect of repeal of the said enactment, and Sections 8 and 24 of the said
Act shall be applicable as if the said enactment had been repealed and re-
enacted by this Act."
It is not disputed that the area of the suit premises used for non-
residential purposes exceeds fourteen square meters. Hence looking to the
provisions of clause (g) of sub-section (3) of Section 2 of the 1999 Act,
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the provisions of the 1999 Act do not apply to the suit premises and,
therefore, by virtue of clause (c) of sub-section (2) of Section 70 of the
1999 Act these proceedings shall stand abated.
That being the position of law this appeal cannot be decided on merits and
stands abated without any adjudication on merits. It be treated as disposed
of.