MOHAMAD SAIFUDDIN Vs. SOMASHEKARA ADIGA

JUDGEMENT

(1.) THIS revision is filed under Section 115 C. P. C. by the landlord aggrieved by the order dated 24-8-2000 passed in HRCRP No. 32/98 on the file of the II Addl. District Judge, Kolar, allowing the petition and setting aside the order dated 27-7-1998 passed in HRC No. 3/94 on the file of the Prl. Civil Judge (Jr. Dvn.), Kolar.

(2.) THE petitioner-landlord filed the petition under Section 21 (1) (h) of the Karnataka Rent Control Act, 1961 claiming that he requires the petition premises for his own use and occupation. The landlord stated that he does not possess any other premises for his use and occupation and for want of accomodation he is putting up in the resident of his brother. It is his further case that though he is a graduate he could not secure any job. It is stated that he is unemployed and does not have proper accomodation for his stay and, therefore, he requires the petition premises for both residential and non-residential purpose. The respondent-tenant contested the petition. The Rent Court allowed the petition. The respondent took the matter in revision before the Court-below allowed the revision petition and dismissed the petition filed by the landlord for eviction. Being aggrieved by the dismissal of the eviction petition, the petitioner-landlord has presented the present revision.

(3.) DURING the pendency of this revision petition, the Karnataka Rent Control Act, 1961 was repealed in toto and in its place the Karnataka Rent Act, 1999 was enacted (the Act for short ). The Act brought about substantial changes in the matter of regulating rent and eviction. The present Act contains provisions which provide for immediate eviction of tenants of State or Central Government Employees, members of Armed Forces, Widows, handicapped persons and persons above the age of 65 years under certain circumstances. Section 70 (2) (b) of the Act stipulates that all cases and proceedings pending at the commencement of the Act shall be continued and disposed off by the Court in accordance with the provisions of the present Act. Therefore, while considering this revisions this Court has to be guided by the provisions of the Act.