1. This matter is placed before this Division Bench by the special orders passed by the Hon’ble Chief Justice, at a request of the learned Single Judge, for a reference to resolve conflict in the views expressed in several judgments regarding the word ‘plinth area’ used in Section 2(3)(g) of the Karnataka Rent Act, 1999 (for short, hereinafter referred to as `the Act’).

2. For the purposes of convenience, parties are referred to as they are referred to in the eviction petition – HRC No. 177/2007.

3. The subject matter of these proceedings is a shop premises bearing No. 24/24 situated at 17th cross, 20th main, M. C. Road, Vijayanagar, Bangalore measuring 7 ¼ x 10 ½ feet along with a portion measuring about 5” X 8”, boundary on the north by 20th Main Road and east by 17th cross road, west by property of Veena Prakash and South by site bearing No. 23. (The said premises is hereinafter referred to as the ‘schedule property’).

4. The petitioner in the eviction petition is the owner of the schedule property. The 1st respondent – M. C. Krishnappa took schedule premises under lease agreement dated 01.08.1997 on a monthly rent of Rs.1.250/- for running a wine store. The petitioner