SRINIVASA VAKIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions have been referred to a Division Bench by Malimath, J., since they raise a common and important question of law touching on the constitutional validity of Sec21A of the Karnataka Rent Control Act, 1961 (in short, 'the principal Act').

(2.) Shri K. S. Savanur, learned counsel for the petitioner in W. P. 6914 of 1977 addressed leading arguments which were adopted by learned counsel, for the petitioners in other petitions.

(3.) The principal Act came on the statute book on 31-12-1961 after receiving the assent of the president on 31-10-1961. It was amended from time to time and we are concerned in these petitions with the Karnataka Rent Control (Second Amendment) Act, 1976 (Karnataka Act No. 66 of 1976), in, short ('the Amendment Act') which replaced Karnataka Ordinances Nos. 20 and 29 of 1976. This Act received the assent of the Governor on 27-11-1976. Section 6 of the Amendment Act incorporated Section 21A into the principal Act with effect from 13-10-1976. Section 21A reads: