Supreme Court of India · 2002-12-13
R. Kapilnath (Dead) Through Lr vs Krishna
- Citation / case number
- AIR 2003 SUPREME COURT 565
- Court
- Supreme Court of India
- Petitioner
- R. Kapilnath (Dead) Through Lr
- Respondent
- Krishna
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, Brijesh Kumar
Judgment text excerpt
The Supreme Court held that the Karnataka Rent Control Act, 1961, as amended by Karnataka Act No. 32 of 1994, exempts all premises belonging to religious or charitable institutions from its purview, regardless of state management. The Court found that the Munsif lost jurisdiction to try eviction proceedings for the suit premises after the amendment, rendering the earlier proceedings a nullity. Consequently, the eviction decree under Clause (p) of Section 21 was set aside, and the appeal was allowed.