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2005 Supreme(SC) 536

P.VENKATARAMA REDDI, A.K.MATHUR
N. S. Vishwanatha Shetty – Appellant
Versus
K. R. Shivaswamys – Respondent


Delay condoned.

2. Leave granted.

3. The appellant herein is the owner of three shops situate in Kollegal Town, which is a town municipal council constituted as such under the Karnataka Municipalities Act, 1964. The appellant filed eviction petitions under the Karnataka Rent Control Act, 1961 (since repealed) for eviction of the respondents-tenants on the ground of bona fide need for personal occupation. Eviction was ordered by the learned Munsif. The District Judge, Mysore confirmed the eviction order on a revision filed by the aggrieved tenants under Section 50(2) of the said Act. Thereupon, the respondents filed further revisions before the High Court of Karnataka under Section 115 of the Code of Civil Procedure. During the pendency of revisions in the High Court, the Karnataka Rent Act, 1999 came into force on and from 31st December, 2001. Before the revision petitions were taken up for hearing, the learned counsel appearing for the tenants filed a Memo stating that the premises in question was situate in a town municipal council area and, therefore, it was excluded from the purview of the Karnataka Rent Act, 1999 and by virtue of Clause (c) of sub-Section (2) of Section 70 of th





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