,.
SUL TAN MOHJYUDDIN AND ORS.
A
v.
BASHEER AHMED SHARIFF AND ORS.
MAY 3,2002
{R.C. LAHOTl AND BISHESHWAR PRASAD SINGH, JJ.j
B
Karnataka Rent Act, 1999:
s. 2(3) (g) and 70(2)(c)-Abatement of proceedings-Non-residential
premises-Proceedings for eviction initiated u/s. 2 I (l )(h} and (p) of Karnalaka C
Rent Control Act, 1961-Area exceeds 14 square meters-Held, dimension
of the premises, its being non-residential and applicability of relevant
provisions of 1999 Act not disputed on behalf of landlord-appellant, the
proceedings stand abated-Kamataka Rent Control Act, 1961-ss. 21 (l) (h)
~~
D
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3325 of2002.
From the Judgment and Order dated 31. 7.200 l of the Karnataka High
Court in R.P. No. 562 of2000.
E
Naresh Kaushik, N.K. Roy, Ms. Shilpa Chohan, Rajesh Singh and Lalita
Kaushik for the Appellants.
Kh. Nobin Singh, S.K. Kulkarni, M. Gireesh Kumar and Ankur S. Kulkarni
for the Respondents.
The following Order of the Court was delivered :
Leave granted.
The proceeding' for eviction were initiated under Section 21(l)(h) and
F
{p) of the Karnataka Rent Control Act, l 961. The landlord, having lost from G
the High Court, has filed this appeal by special leave under Article 136 of the
Constitution.
During the pendency of these proceedings, Karnataka Rent Act, 1999
has come into force with effect from 31.12.200 I. According to the counter filed
795
H
796
SUPREME COURT. REPORTS
[2002] 3 S.C.R.
A in this Court by the tenant-respondent, the area of the suit premises let out
for non-residential purpose exceeds 14 square metres and, therefore, the
premises are exempt from the provisions of the 1999 Act. It is the plea of the
tenant-respondent that Karnataka Rent Act, 1999 being not applicable to the
suit premises by virtue of the provisions contained in Section 2(3)(g), the
proceedings shall stand abated under Section 70(2)( c) of the 1999 Act. The
B dimension of the premises, its being non-residential and the applicability of
the relevant provisions of the 1999 Act referred to hereinabove is not disputed
by the learned counsel for the landlord-appellant. The proceedings, therefore,
stand abated. Nothing survives for adjudication on merits. The appeal be
treated as disposed of.
c RP.
Appeal disposed of.
Lex