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Supreme Court of India · 2005-03-31

N.S. VISHWANTHA SHETTY vs K.R. SHIVASWAMY .

Citation / case number
SC 2004/13312
Court
Supreme Court of India
Petitioner
N.S. VISHWANTHA SHETTY
Respondent
K.R. SHIVASWAMY .
Bench
P. VENKATARAMA REDDI & A.K. MATHUR

Judgment text excerpt

The Supreme Court addressed the applicability of the Karnataka Rent Act, 1999, in relation to eviction proceedings initiated under the repealed Karnataka Rent Control Act, 1961. The Court held that the High Court's assumption that the new Act did not apply to premises in a town municipal area, leading to the abatement of proceedings under Clause (c) of Section 70(2), was incorrect. The Court emphasized that revisions filed under Section 115 of the Code of Civil Procedure are not affected by the repeal and should be decided on merits, thereby allowing the appeal and remanding the case to the High Court for further consideration.

N.S. VISHWANTHA SHETTY vs K.R. SHIVASWAMY . · Niyam