M. MOHAN BHAT Vs. K. VISHWANATH KAMATH

JUDGEMENT

(1.) IN this petition, the premises in question is a non -residential premises and the plinth area of the area of the said premises is more than 14 square mtrs. If that is so, in view of the Karnataka Rent Act of 1999, all proceedings relating to commercial premises, the plinth area is more than 14 sq. mts. Stands abated. The Supreme Court, in case of Mahendra Saree Emporium v. G.V. Srinivasa Murthy reported in 2002 (4) Supreme 321 has held as follows: 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 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.

(2.) THE Supreme Court, in another case reported in Sultaan Mohiyuddin and Others Vs. Basheer Ahmed Shariff and Others, AIR 2002 SC 2441 has held as follows: