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march 2005

Supreme Court of India · 2005-03-31

N.S Viswanatha Shetty vs K.R. Shivaswamy & Ors

Citation / case number
2005 AIR SCW 1876
Court
Supreme Court of India
Petitioner
N.S Viswanatha Shetty
Respondent
K.R. Shivaswamy & Ors
Bench
P. Venkatarama Reddi, A.K. Mathur

Judgment text excerpt

The Supreme Court held that the eviction proceedings under the Karnataka Rent Control Act, 1961 abated due to the enactment of the Karnataka Rent Act, 1999, as per Clause (c) of Section 70(2). However, the Court clarified that the High Court's assumption regarding the applicability of the new Act to town municipal areas was incorrect. The Court remanded the case back to the High Court for consideration of the merits of the revision petitions filed under Section 115 of the Code of Civil Procedure, which were not affected by the repeal of the old Act.

N.S Viswanatha Shetty vs K.R. Shivaswamy & Ors · Niyam