2002 Supreme(Kar) 259

Karnataka High Court
MERCURY PRESS, BANGALORE - Appellant
Versus
AMEEN SHACOOR - Respondent
Decided On : 04-05-02
House Rent Revision Petition : 108 of 2002

Headnote:Effect of repealing of the old Act on pending proceedings

       KARNATAKA RENT ACT, 1999

       Section 70 - Repeal of Karnataka Rent Control Act, 1961 and savings -Effect of amendment and repeal on proceedings -stated.

       [R. V. Raveendran & K. L. Manjunath, JJ.] - Effect On Proceedings Under the Repealed Act: A) Matters Pending in Execution: Where an order of eviction has already been passed under the Old Act an is pending in execution, irrespective of whether the order was in regard to premises to which the new Act applies or not, such execution proceedings can be continued and disposed of by executing Court as if the Old Act had not been repealed: Orders of eviction passed under the old Act which have become final and conclusive on or before 30.12.2001 in regard to which no execution was levied on or before 30.12.2001, can also be executed thereafter as if the old Act has not been repealed. B) Pending Cases and Proceedings under the Old Act , in regard to a Premises to which the New Act Applies: If any case or proceedings [other than execution proceedings] initiated under the Old Act is pending in regard to a premises to which the New Act applies, such case or proceeding either original or appellate or revisional, shall have to be continued and disposed of in accordance with the provisions of the New Act, though they were initiated under the Old Act. C) Pending cases and Proceedings under the Old Act, in regard to a Premises to which the New Act does not Apply: 1) Any proceedings initiated under the old Act pending either before the Court of first instance, or controller or deputy Commissioner stand abated as from 31.12.2001. 2) Any Revision proceedings initiated under Section 50 of the Old Act and pending before the District Court, or High Court shall stand abated as from 31.12.2001. As a consequence any revision proceedings initiated under Section 50 of the Old Act, on or after 31.12.2001 will also stand abated as and when they are initiated. 3) The proceedings that get abated under Section 70(2)(c) are only proceedings initiated under the provisions of the Old Act. If the proceedings pending is not initiated under the Old Act (as for example a suit for recovery of rents under Sections 26 of CPC or a revision proceedings under Section 115 CPC), then obviously, Section 70 (2)(c) will not apply. Rules of interpretation are meant to ascertain the true intent and purpose of the enactment and set right any anomaly, inconsistency or ambiguity, while giving effect to it. The several rules of interpretation when just positioned with each other. Further, the same provision, when interpreted with reference to different rules of interpretation may lead to different results. This is because the Rules of interpretation are meant to set right different types of interpretation together to a provision of law. And appreciate rule of interpretation should be chosen as a tool depending upon the nature of the defect in drafting which has to set right. The Rules of interpretation are to be applied in interpreting the statues, only if there is ambiguity, inconsistency absurdity or redundancy. When the words are clear and unambiguous, there is little need to open the tool kit of Interpretation. If any Act is repealed, without specifying the consequences of the consequences of the repeal, Section 6 of the General Clauses Act will apply and the repeal will not affect any legal proceedings or remedy in respect of any right, privilege, obligation and liability acquired, accrued or incurred under the repealed Act and any legal proceedings or remedy may be instituted, continued or enforced as if the repealing Act has not been passed. But where the repeal is accompanied by fresh legislation on the same subject, the provisions of the new Act will have to be looked into a determine whether and how far the new Act evinces a contrary intention affecting the operation of Section 6 of the General clauses Act. If Section 70 had contained only sub-Section (1) repealing the Old Act and nothing more, the provisions of Section 6 of the Karnataka General Clauses Act, 1899 in its entirely would have applied. But applicability of Section 6 of the G. C. Act is subject to any different intention appearing in the repealing act. The legislature has expressed a clear different intention in regard to pending proceedings under the Old Act, by enacting sub-Section (2) of Section 70. But for the Sub-Section (2), all pending proceedings would have been governed and disposed of in accordance with the Old Act, as if the repealing under the old Act could escape from the provisions of Section 70(2) and all pending proceedings will have to be decided as per Section 70(2) and not as per the provisions of Section 6 of the General Clauses Act. Sub-Section (2) divides all pending proceedings arising under the old Act into three categories; a) Proceedings in execution b) Proceedings (other than execution) relating to premises to which new Act applies. c) Proceedings (other than execution) relating to premises to which new Act does not apply. Having regard to the scheme of Section 70(2) of the New Act, when a proceeding under the Old Act is pending as on 31.12.2001, the Court will have to first examine whether it is a proceeding in execution. If it is found to be so it will have to proceed under Clause (a). if it is not a proceedings in execution, then the Court will have to examine whether the proceeding relates to a premises to which the New Act applies, with reference to Section 2 of New Act. If the premises is found to be one to which the New act. If the premises is found to be one to which the New Act applies, then the Court will have to proceed with the matter and dispose of such matter in accordance with the provisions of the New Act. If the court finds that the premises is one to which the new Act does not apply then the Court will have to close the proceedings as having abated as from 31.12.2001.