MAHENDRA SAREE EMPORIUM Vs. G V SRINIVASA MURTHY

JUDGEMENT

(1.) 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 :

(2.) 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, the provisions of the 1999 Act do not

(3.) 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.