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addressed the applicability of the Karnataka Rent Act, 1999, in relation to eviction proceedings initiated under the repealed Karnataka Rent Control Act, 1961.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.