DIESEL INDIA BANGALORE Vs. KAMALAMMA

JUDGEMENT

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

(2.) THE Supreme Court in another case in Sultaan Mohiyuddin and others v Basheer Ahmed Shariff and others, has held as follows: "during the pendency of these proceedings, the Karnataka rent act, 1999 has come into force with effect from 31-12-2001. According to the counter filed in this court by the respondent-tenant, the area of the suit premises let out for non-residential purpose exceeds 14 square metres and therefore, the premises are exempt from the provisions of the 1999 act. It is the plea of the respondent-tenant that the Karnataka rent act, 1999 being not applicable to the suit premises by virtue of the provisions contained in Section 2 (3) (g), the proceedings shall stand abated under Section 70 (2) (c) of the 1999 act. The dimension of the premises, its being non-residential and the applicability of the relevant provisions of the 1999 Act referred to here in above is not disputed by the learned counsel for the appellant-landlord. The proceedings, therefore, stand abated. Nothing survives for adjudication on merits. The appeal be treated as disposed off.

(3.) IN view of the decisions of the Supreme Court referred to above, since the premises in question is a non-residential premises and the plinth area is more than 14 sq. Mts. , the proceedings stand abated. Hence, the following order: