LexM/S. MAHENDRA SAREE EMPORIUM versus G.V. SRINIVASA MURTHY
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MIS. MAHENDRA SAREE EMPORIUM A v. G.V. SRINIVASA MURTHY AUGUST 27, 2004 [R.C. LAHOTI, CJ., G.P. MATHUR AND C.K. THAKKER, JJ.] B Rent Control and Eviction : Karnata.ka Rent Act, 1999 : c Section 7-Repeal and Savings of 1961 Act-Effect of, on pending proceedings under 1961 Act before Supreme Court under Article 136- Held: Appeal does not abate, and survives for adjudication on mertis- State Legislature enacting the New Act could have provided for suit itself which originated under the local law to abate on the date of coming into D force of the New Act but has not chosen to do so-Constitution of India, 1950-Article 136. Sections 69 and 70-Repeal of Act of 1961 and coming into force of Act of 1999-Legislative Scheme-Explained-Karnataka Rent Control E Act, 1961. Karnataka Rent Control Act, 1961-Section 21 (l)(j)-Conversion of sole proprietary concern let out to tenant for individual business into partnership business by tenant-Partnership business consisting of tenant's F relatives-Eviction petition, on ground of sub letting-Maintainability a/- Held : Case of sub letting not made out since the tenant has not parted with the possession-Partnership business is with regard to pre-existing business in the suit premises-Hence, order of High Court that case of subletting made out not correct and eviction proceedings to be dismissed. G Statutory Abatement-Effect of, on pending proceedings-Held : Abatement takes away right to sue and terminates the pending proceedings without adjudication on merits-Where legislative intention otherwise is expressly or by necessary implication deducible, abatement provision H 931 932 SUPREME COURT REPORTS (2004) SUPP. 3 S.C.R. A would abate only such proceedings as are pending on that day and at that stage, and not the original proceedings which had already stood concluded- Such provision (s to be construed strictly and applied duly to cases to which applicability is undoubtedly attracted-Code of Civil Procedure, 1908- 0rder 22 Rule 9-Interpretation of Statutes. B Constitution of India, 1950-Article 136--Jurisdiction under-Nature and scope of-Held: Jurisdiction is plenary-It can be exercised inspite of other specific provisions for appeal contained in the Constitution or other laws-Special and residuary power are conferred which are exercisable outside purview of ordinary laws when justice demands- C Jurisdiction conferred cannot be limited or taken away by any legislation subordinate to the Constitution. Words and Phrqses : D 'Lease', 'sub lease' and 'sub letting '-Meaning of-Discussed. Respondent-landlord let out a non-residential premises exceeding 14 sq. metres to a sole proprietary concern-tenant for carrying an individual's business. The sole proprietary concern was converted into E partnership business consisting of tenant's relatives. Respondent filed eviction petition on ground of sub letting under section 2l(l)(t) of the Karnataka Rent Control Act, 1961. Rent Controller dismissed the petition, however, High Court held tnat the case of sub letting was made out and directed the appellant-tenant to be evicted. Thereafter, F during pendency of the petition before this Court, the 1961 Act stood repealed and Karnataka Rent Act, 1999 was enacted. A Bench of two judges of this Court held that since the provisions of 1999 Act did not apply to the suit premises, the proceedings stood abated in view of section 70(2)(c) of the 1999 Act. Respondent filed a review petition and G order of High Court was recalled. The questions which arose for consideration before this Court were with regard to the effect of Section 70 of the Karnataka Rent Act, 1999 on the proceedings pending before this Court under Article 136 of the Constitution, initiated before the date on which the 1999 Act H came into force and the Karnataka Rent Control Act, 1961 stood .. MAHENDRA SAREE EMPORIUM v. G.V.S. MURTHY 933 repealed; and whether there has been subletting of premises within the A meaning of section 21(1)(t) of the 1961 Act. Allowing the appeal, the Court HELD : 1. The jurisdiction conferred on this Court by Article 136 of the Constitution of India is a plenary jurisdiction in the matter of B entertaining and hearing appeals by granting special leave against any kind of judgment or order made by Court or Tribunal in any case and the jurisdiction can be exercised inspite of other specific provisions for appeal contained in the Constitution or ot
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