SUPREME COURT OF INDIA

Before:- R.C. Lahoti and Bisheshwar Prasad Singh, JJ.

Civil Appeal No. 3325 of 2002 (@ Spl. Leave Petn. (C) No. 19978 of 2001). D/d. 3.5.2002

Sultaan Mohiyuddin - Appellants

Versus

Basheer Ahmed Shariff - Respondents

For the Appellants :- Naresh Kaushik, N.K. Roy, Ms. Shilpa Chohan, Rajesh Singh, Mrs. Lalita Kaushik, Advocates.

For the Respondents :- Kh. Nobin Singh, S.K. Kulkarni, M. Gireesh Kumar and Ankur S. Kulkarni, Advocates.

Civil Procedure Code, Order 22 Rules 3 and 4 - Abatement - Karnataka Rent Control Act, 1961, Section 21(1)(h) - Karnataka Rent Control Act, 1999, Sections 70(2)(c) and 2(3)(g) - Non-residential premises - Repeal of Act - Suit for eviction of tenant filed under 1961 Rent Act - Act of 1999 came into force during pendency of suit which exempted premises from provisions of Rent Act - Suit stands abated.

[Para 3]

JUDGMENT

R.C. Lahoti, J. - Leave granted.

2. The proceedings for eviction were initiated under Section 21(1)(h) and (p) of the Karnataka Rent Control Act, 1961. The landlord, having lost from the High Court, has filed this appeal by special leave under Article 136 of the Constitution.

3. During the pendency of these proceedings, Karnataka Rent Act, 1999 has come into force with effect from 31.12.2001. According to the counter filed in this Court by the tenant-respondent, the area of the suit premises let out for non-residential purpose exceeds 14 square metres and, therefore, the premises are exempt from the provisions of the 1999 Act. It is the plea of the tenant-respondent that Karnataka Rent Act, 1999 being not applicable to the suit premises by virtue of the provisions contained in Section 2(3)(g), the proceedings shall stand abated under Section 70(2)(c) of the 1999 Act. The dimension of the premises, its being non-residential and the applicability of the relevant provisions of the 1999 Act referred to hereinabove is not disputed by the learned Counsel for the landlord-appellant. The proceedings, therefore, stand abated. Nothing survives for adjudication on merits. The appeal be treated as disposed of.

Order accordingly.