JAIN CLOTH STORES Vs. NARANGI BAI

JUDGEMENT

(1.) PETITIONERS/legal representatives of late Mr. C. Bansilal are challenging the order dated 27-6-1999 passed in HRC No. 4351 of 1980 on the file of Small Causes Court at Bangalore. Parties are referred as per their ranking before Trial Court.

(2.) RESPONDENT-LANDLORD late Kewalchand filed HRC No. 4351 of 1980 seeking for an order of eviction. The matter was contested. After contest, learned Trial Judge ordered eviction and ordered delivery of possession to the landlord. Petitioner filed HRRP No. 1162 of 1997. This Court in terms of an order in Jain Cloth Stores, Bangalore v M. Kewalchand (deceased) by L. Rs, disposed of the HRRP thereby confirming the order of the learned Trial Judge. This Court granted time to the petitioners subject to an undertaking in terms of the order. Petitioner thereafter challenged the said order in SLP No. 6977 of 2002. SLP stood rejected. According to petition averments in terms of Section 70 (2), the entire proceedings get abated in terms of the amended rent laws. Petitioners further contention is that the view of this Court in Jain Cloth Stores case, supra, was considered to be not a good law by the Division Bench in its judgment in Mercury Press, Bangalore v Ameen Shacoor and Others. According to petitioners, the order of the Trial Judge gets abated in terms of the new Act. With these averments petitioners are before me.

(3.) RESPONDENTS have entered appearance and they have filed an interlocutory application for vacating the stay. They have enclosed a copy of the order passed in HRRP No. 1162 of 1997 and also the order of the Supreme Court in the case of the petitioner.