H.G.RAMESH, J. (Oral):

If the Karnataka Rent Act, 1999 (‘the Rent Act’) is not applicable to a premises under any of the clauses in sub-Section (3) of Section 2 of the Rent Act, can it be defeated by relying on an exception in any other clause in the said sub-Section, is the question that requires to be determined in this revision petition.

2. This revision petition by the landlord is directed against the order dated 13th February 2012 passed by the Court of Small Causes, Bangalore (‘the trial Court’) in the suit in S.C.No.3100/2011. By the impugned order, the trial Court has dismissed the suit on the ground that the Rent Act is applicable to the suit premises.

3. The trial Court, though found that the plinth area of the suit premises which is at Nagarthpet in Bangalore City exceeds fourteen square meters and is used for commercial purpose, has dismissed the suit on the ground that the Rent Act is applicable to the premises in view of clause (e) of sub-Section (3) of Section 2 of the Rent Act, as the premises is within the area referred to in part A of First schedule to the Rent Act and its deemed rent or the standard rent does not exceed Rs.2,000/per month.

4. I have heard the learned Counsel for the parties and perused the impugned order. The contention urged by the petitioner’s counsel is that the aforesaid approach made by the trial Court would defeat clause (g) of sub-Section (3) whereby the Rent Act is not made applicable to the kind of the suit premises.

5. To examine the contention raised, it is relevant to refer to Section 2 of the Rent Act, to the extent it is necessary here:

“2. Application of the Act.–

..…………………………………………………..

(3) Nothing contained in this Act shall apply.–

(a) to any premises belonging to.–

(i) the State Government or the Central Government or a local authority;

(ii) a Muzarai or religious or charitable institution;

(iii) a Wakf.

Explanation.– If any doubt arises whether any institution referred to in sub-clauses (ii) and (iii) above is a muzarai or religious or charitable institution or a wakf, the decision of the Regional Commissioner shall be final.

(b) …………………………………………………….

(c) …………………………………………………….

(d) …………………………………………………….

(e) to any premises, deemed rent on the date of commencement of this Act or the standard rent of which exceeds.–

(i) three thousand five hundred rupees per month in any area referred to in Part A of the First Schedule; and

(ii) two thousand rupees per month in any other area.

Explanation.– “Deemed rent on the date of commencement of this Act” shall be the rent calculated in the manner provided in Section 7, together with revision, if any, as provided in Section 9 and decreased in the case of premises constructed after the commencement of this Act at the same rate as the rate of enhancement stipulated in the Third Schedule to reflect the position on the date of commencement of this Act;

(f) …………………………………………………….

(g) to any premises used for nonresidential purpose but excluding premises having a plinth area of not exceeding fourteen square meters used for commercial purpose;

(h) …..……………………………………………….. ……………………………………………………”

6. Reading sub-Section (3) as a whole, I am of opinion that, if the Rent Act is not applicable to a premises under any of the clauses in sub-Section (3), such a premises stands excluded from the applicability of the Rent Act notwithstanding anything contained in any of the other clauses in the sub-Section. This should be the interpretation of the clauses inter se in sub-Section (3) of Section 2 of the Rent Act, as this will not defeat the intention of the legislature reflected in sub-Section (3). Any other interpretation would defeat the object of sub-Section (3).

7. The object of sub-Section (3) of Section 2 of the Rent Act is to exclude certain types of premises from the applicability of the Rent Act. If the Rent Act is not applicable to a premises in view of any of the clauses i.e. clauses (a) to (h) in sub-Section (3), such a premises stands exclud