PATRIC JOHN Vs. SOMASHEKHAR

JUDGEMENT

(1.) In exercise of power conferred under Section 9 of the Karnataka High Court Act, learned Single Judge by his order dated 8th August, 2003 has referred the Revision Petition to the Division Bench.

(2.) During the course of the hearing of the Revision Petition by the learned Single Judge. Counsel appearing for the tenant cited a decision reported in ILR 2002 Kar. 4746 in the matter of Smt. Sundari Acharthi Vs. N. Shankara Bangera and contended that, the provisions of Karnataka Rent Act, 1999 (hereinafter referred to as 'the Act') are not applicable to the pending proceedings. On the other hand, Counsel appearing for the landlord cited a decision of this Court reported in ILR 2002 Kar. 4846 in the matter of Smt. Thilothamma and Another Vs. Rahmathunnisa and submitted that, the provisions of the Act would also govern the pending proceedings. The learned Single Judge found that, there is a conflictive view taken by this Court in the above mentioned decisions and referred the matter to the Division Bench particularly on the question of interpretation of the provisions of Section 5 of the Act.

(3.) Brief facts leading to this case are: Respondent - landlord had filed a petition under Section 21 (1)(h) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the K.R.C. Act') inter alia alleging that, the petition premises is required for his bona fide use and occupation. During the pendency of the proceedings before the learned Civil Judge (Junior Division), Belgaum, the original tenant viz., Patric John died on 22.6.1997. A memo was filed by the Counsel representing the tenant to this effect. In view of the same, learned Counsel for the landlord filed an application for bringing the legal representatives of the deceased tenant on record and the said application was allowed and the legal representatives of the deceased tenant were brought on record. When the matter was pending before the learned Civil Judge (Junior Division), the Karnataka Rent Act received the assent of the President on 22.11.2001 and it was gazetted on 27.11.2001. However, the provisions of Sections 1, 3 and 6 came into force w.e.f. 5.12.2001 and the remaining provisions came into force w.e.f. 31.12.2001.