H. Prabhakar Baliga vs Vasudeva Rao Kanemar @ V.R. … on 30 November, 2017

                                                                                                    NON-REPORTABLE
                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION

                                               CIVIL APPEAL        NO(S). 483/2009


                         H. PRABHAKAR BALIGA  ANR.                                              APPELLANT(S)

                                                                  VERSUS

                         VASUDEVA RAO KANEMAR @ V.R. KANEMAR  ANR.                              RESPONDENT(S)


                                                       J U D G M E N T

KURIAN, J.

The appellants/tenants are aggrieved by the
impugned orders passed by the High Court. According
to the appellants, House Rent Control Petition for
eviction was not maintainable in view of the bar
under Section 2(7) of the Karnataka Rent Control Act,
1961.

2. Learned counsel appearing for the respondents
points out that at the time when the eviction
petition was filed the same was maintainable and the
bar was only created by the subsequent amendment. It
is also submitted that these aspects have been
considered by this Court in R. Kapilnath (Dead)
through LR. v. Krishna, reported in (2003) 1 SCC 444.
It has been held by this Court that the proceedings
which had already been initiated prior to the
amendments would not affect the pending actions.

3. We do not, hence, find any merit in this appeal.
It is, accordingly, dismissed.

4. However, the appellants are granted time up to
31.03.2018 to surrender vacant possession of the
Signature Not Verified
premises in question, subject to the appellants’
Digitally signed by
NARENDRA PRASAD
Date: 2017.12.04
17:30:44 IST filing a usual undertaking before this Court within
Reason:

three weeks.

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5. Pending applications, if any, shall stand
disposed of.

6. There shall be no orders as to costs.

…………………..J.

[KURIAN JOSEPH]

…………………..J.

[AMITAVA ROY]
NEW DELHI;

NOVEMBER 30, 2017.

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Article source: Supreme Court

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