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2002 Supreme(SC) 599

B.N.AGARWAL, R.C.LAHOTI
Mahendra Saree Emporium – Appellant
Versus
G. V. Srinivasa Murthy – Respondent


ORDER

Proceedings for eviction of tenant from the suit premises were initiated under Section 21 of the Karnataka Rent Control Act, 1961 before the Court. The High Court has allowed the landlord s claim for recovery of possession of the suit premises on the ground of sub-letting by the tenant. The decree passed by the High Court has been put in issue by the tenant by filing this appeal under Article 136 of the Constitution by special leave. During the pendency of the appeal the Karnataka Rent Ac, 1999 has come into force with effect from 31st December, 2001. Section 70 of the 1999 Act - dealing with repeal and savings provides as under :

"70. Repeal and Savings-(1) The Karnataka Rent Control Act, 1961 (Karnataka Act 32 of 1961) is hereby repealed.

(2) Notwithstanding such repeal and subject to the provisions of Section 69 -

(a) all proceedings in execution of any decree or order passed under the repealed Act, and pending at the commencement of this Act, in any Court shall be continued and disposed off by such court as if the said enactment had not been repealed :

(b) all cases and proceedings other than those referred to in clause (a) pending at the co






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