Subhash B. Adi, J.

In exercise of power conferred under Section 9 of the Karnataka High Court Act, 1961, learned Single Judge by his order dated 8th August, 2003 has referred the revision petition to the Division Bench.

2. During the course of the hearing of the revision petition by the learned Single Judge, Counsel appearing for the tenant cited a decision in the matter of, Smt. Sundari Acharthi v N. Shankara Bangera 2003(2) Kar. L.J. 181. ILR 2002 Kar. 4746 and contended that, the provisions of the Karnataka Rent Act, 1999 (hereinafter referred to as ‘the Act’) are not applicable to the pending proceedings. On the other hand, Counsel appearing for the landlord cited a decision of this Court in the matter of Smt. Thilothamma and Another v Smt. Rahmathunnisa 2002(6) Kar. L.J. 368 ILR 2002 Kar. 4846 and submitted that, the provisions of the Act would also govern the pending proceedings. The learned Single Judge found that, there is a conflictive view taken by this Court in the above mentioned decisions and referred the matter to the Division Bench particularly on the question of interpretation of the provisions of Section 5 of the Act.

3. Brief facts leading to this case