M B CHANNABASAPPA Vs. PALLAGATTI SHIVAYOGAPPA

JUDGEMENT

(1.) These revision petitions filed under S.50 of the Karnataka Rent Control Act, 1961, have been brought before us upon a reference under Sec.9 Of the High Court Act,

(2.) The preliminary question that falls to be determined relates to the maintainability of the petitions. For a proper decision on the question, it is necessary to notice the relevant provisions of the legislative enactments.

(3.) The Karnataka Rent Control Act, 1961 (Act No.22 of 1961) which is the principal Act in question, was exacted to provide tor the control of rents and evictions and for the leasing of buildings etc. It came into forc3 On 31st December, 1961. Ss.21, 48 & 50 provide procedure to contol eviction of tenants and. obligation of landlords. To put it shortly, if a landlord wants eviction of his tenant, he could move the Munsiff Court on any one of the grounds set out under S.21. The order of the Munsiff Court was appealablt to the District Judge under S.48, with a further revision to the High Court under S.50. The decision of the Dist Judge in the appeal, subject to. the decision of the High Court u/s. 50, was thus made final as provided by S.48 (6). But, the scheme of the principal Act was substantially altered by the Kar Rent Control (Amend) Ordee, 1975 (Ordce No.3 of 1975) promulgated on 22nd May 1975. The Ordinance deleted S.48(1) and for S.50, a new Section was substituted. It, however, made provision for disposal of pending proceedings. The provisions of the Ordinance were re-enacted by the Karnataka Rent Control (Amendment) Act, 1975 (Act No.31 of 1975) which we will call as "the amending Act". This amending Act was retrospectively brought into force from the date of the Ordinance.