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2003 Supreme(Kar) 879

V.GOPALA GOWDA
P. R. RADHAKRISHNA SETTY, SONS COMPANY, BANGALORE – Appellant
Versus
A. N. SATISH BABU – Respondent


Advocates:
A.S.Shyam Koundinya, J.Rangarajan, T.Mohan Kumar

V. GOPALA GOWDA, J.

( 1 ) THE petitioner is the tenant and respondent is the landlord. The landlord filed petition under Section 21 (1) (h) and (p) of the Karnataka Rent Control act, 1961 (now repealed, hereinafter called as the 'act'), seeking eviction of the tenant on the ground that the landlord require the petition schedule premises for the bona fide use and occupation to start his own business in silk and that the tenant acquired a suitable alternate premises. The tenant resisted the petition denying the case of the landlord. After trial, the Trial Court by its judgment dated 27-7-2001 allowed the petition and granted six months time to the tenant to vacate and deliver vacant possession of the premises. Being aggrieved by the same, the tenant filed this revision petition seeking to set aside the order of eviction and to dismiss the eviction petition.

( 2 ) DURING the pendency of this revision petition the Act was repealed and the Karnataka Rent Act, 1999 (hereinafter referred to as 'the Rent Act') was enacted. A memo was filed by the Counsel for the petitioner stating that the petition schedule premises exceeds 14 square metres and hence the revision petition abates under Secti










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