ANUPAMA RAMESH Vs. VEERCHAND

JUDGEMENT

(1.) If the Karnataka Rent Act, 1999 ('the Rent Act') is not applicable to a premises under any of the clauses in sub-Section(3) of Section 2 of the Rent Act, can it be defeated by relying on an exception in any other clause in the said sub-Section, is the question that requires to be determined in this revision petition. This revision petition by the landlord is directed against the order dated 13th February 2012 passed by the Court of Small Causes, Bangalore ('the trial Court') in the suit in S.C. No. 3100/2011. By the impugned order, the trial Court has dismissed the suit on the ground that the Rent Act is applicable to the suit premises.

(2.) The trial Court, though found that the plinth area of the suit premises which is at Nagarthpet in Bangalore City exceeds fourteen square meters and is used for commercial purpose, has dismissed the suit on the ground that the Rent Act is applicable to the premises in view of clause (e) of sub-Section (3) of Section 2 of the Rent Act, as the premises is within the area referred to in part A of First schedule to the Rent Act and its deemed rent or the standard rent does not exceed Rs. 2,000/- per month.

(3.) I have heard the learned Counsel for the parties and perused the impugned order. The contention urged by the petitioner's counsel is that the aforesaid approach made by the trial Court would defeat clause (g) of sub-Section (3) whereby the Rent Act is not made applicable to the kind of the suit premises.