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1996 Supreme(SC) 1169

K.T.THOMAS, KULDIP SINGH
Gyabiram – Appellant
Versus
R. Gangadharan – Respondent


ORDER

1. The appellant became owner of the premises while he was occupying it unauthorisedly. There is a protracted litigation between the parties. Suffice it to say that while the matter was pending in second appeal in the Karnataka High Court, the appellant withdrew the appeal with a permission to initiate proceedings before the appropriate court to take benefit of Sections 31-B and 31-C of the Karnataka Rent Control Act, 1961 as amended by the Amendment Act, 67 of 1976. It is thus obvious that the appellant gave up all the points which were pending before the High Court in the second appeal and wanted to agitate only the question of law arising out of the amendment. It would be useful to reproduce the provisions of Section 31-B :

"31. (B) Voluntary declaration. - (1) Notwithstanding anything in this Act -

(i) any landlord who has occupied or let out a residential building or

(ii) any person who has occupied such building as a tenant, in contravention of Section 4 or Section 5, may within sixty days from the date of coming into force of this section, make declaration in this behalf to the prescribed authority :

Provided that the prescribed authority may entertain the declaration








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