Judgment

SABYASACHI MUKHARJI, J.:- This is an appeal by special leave from the judgment and order of the High Court of Karnataka dated 4th June, 1985. In order to appreciate the controversy, it is necessary to bear in mind some brief facts. In this case judgment in R. S.A. No. 835 of 1965 was passed on 27th August, 1970 for possession of the premises situated in Pandavu village. 30th June, 1972 appears to be the date of the decree for possession. On 15th February, 1980 an execution petition was filed by the respondent in the Court of Munsif, Mangalore, Karnataka. On 6th December, 1980, objections to the Execution Petition were filed. At that time Pandavu village where the suit premises in dispute was situated was not within the Mangalore Municipality and as such Karnataka Rent Control Act, 1961 (hereinafter called the Act) was not applicable in Pandavu village. On 18th July, 1983 the said Act was amended by Karnataka Act 17 of 1983 whereby all areas within the limits of the cities under the Karnataka Municipal Corporation Act and an area of 3 Kilometers therefrom were brought under the purview of the Rent Control Act, that is to say Parts IV and V of the Rent Act were applicable to