LAWS(KAR)-2002-8-80

BHIMSENA TUKARAMSA MISKIN Vs. ASHOK AND ANOTHER

Decided On August 13, 2002
Bhimsena Tukaramsa Miskin Appellant
V/S
Ashok And Another Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the Petitioners and the learned Counsel for the Respondents.

(2.) IN these petitions the Petitioners/tenants have challenged the correctness of the eviction orders passed by the trial Courts and the orders passed by the Revisional Courts. In both these cases it is seen that undisputedly the area of the premises which are admittedly non -residential exceeds 14 Sq. Mtrs. As such, as per the amended provision of Section 70 of the Karnataka Rent Act (Act No. 34 of 2001) and the pronouncements of the Hon'ble Supreme Court in the cases Mahendra Saree Emporium Vs. G.V. Srinivasa Murthy AIR 2002 SCW 2663 and in the case of Sultaan Mohiuddin and Ors. Vs. Basheer Ahmed Shariff and Ors. AIR 2002 SCW 2682, the entire proceedings stand abated and nothing survives for adjudication on merits.