B PRAKASH CHAND Vs. S V GYANCHAND JAIN

JUDGEMENT

(1.) THE petitioner is the tenant and the respondent is the landlord in regard to a shop premises measuring more than 14 sq. mtr. situated at Sakleshpur ('premises' for short ). The landlord filed H. R. C. No. 3 of 1995 in the Court of the Civil Judge (Junior Division), Sakleshpur for eviction of the tenant under section 21 (1) provisos (a), (h) and (i) of the Karnataka Rent Control Act, 1961 ('old Act' for short ). After evidence, the said petition was allowed under section 21 (1) proviso (h) of the old Act, by order dated 18-8-2000 and the tenant was directed to deliver vacant possession of the suit premises to the landlord within one month.

(2.) FEELING aggrieved, the tenant (petitioner herein) filed a revision petition under Section 50 (2) of the old Act before the District Judge, Hassan on 31-8-2000 registered as H. R. C. R. P. No. 19 of 2000.

(3.) DURING the pendency of the said revision proceedings, the old Act was replaced by the Karnataka Rent Act, 1999 ('new Act' for short ). Sections 1,3 and 6 of the new Act came into force on 5-12-2001 and the remaining provisions of the new Act came into force on 31-12-2001. The provisions of the new Act were inapplicable to the premises having regard to Section 2 (3) (g) of the new Act which excluded its applicability to any premises used for non-residential purposes (excluding premises having a plinth area of not exceeding fourteen square metres used for commercial purposes ). In view of it, the Revisional Court passed an order dated 30-8-2002 holding that revision petition stood abated.