9911796707
TMI Blog2002 (12) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... a registered deed of adoption, adopted the respondent as his son who is presently pujari and manager of the temple. The appellant has been paying rent to the respondent. It is not in doubt, nor in dispute, that whatever be the ownership of the suit premises the respondent is certainly the rent collector. The respondent claiming himself to be the owner of the premises filed a suit for eviction of the tenant-appellant on the grounds available under Clauses (h) and (p) of sub-Section (1) of Section 21 of the Karnataka Rent Control Act, 1961 (hereinafter the Act , for short). Availability of ground under clause (h) has been negated while the Court of Munsif upheld the entitlement of respondent to a decree under Clause (p). The appellant pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e premises belonging to a religious or charitable institution under the management of the State Government were exempted from the operation of the Act now subsequent to the amendment, the scope of excepted category has been enlarged so as to cover all premises belonging to a religious or charitable institution without regard to the fact whether they are under the management of the State Government or not. The proceedings for eviction of a tenant under Section 21 of the Act are maintainable in a Court which, as defined in Clause (d) of Section 3, is the Court of Munsif. So far as the suit premises are concerned, the proceedings were initiated in the year 1986 in the Court of Munsif. Revision petition before Additional District Judge was file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... islature in the relevant enactment, this Court has determined the impact of the legislation on pending proceedings and the power of the Court to take note of change in law and suitably mould the relief consistently with the legislative changes. So far as the present case is concerned, the only submission made by the learned counsel for the appellant is that the effect of the amendment is to deprive the Court of Munsif of its jurisdiction to hear and decide proceedings for eviction over such premises as the suit premises are. In other words, it is a change in forum brought during the pendency of the proceedings. The correct approach to be adopted in such cases is that a new law bringing about a change in forum does not affect pending actions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the premises which claim is inconsistent with his being a mere rent collector on behalf of the temple and so the claim for eviction at his instance should have been refused. This submission too is wholly devoid of any merit. A petition for recovery of possession of any premises can be filed by the landlord against the tenant within the meaning of Section 21(1). Clause (h) of Section 3 includes in the meaning of landlord any person who is for the time being receiving or entitled to receive rent in respect of any premises whether on his own account or on account or on behalf, or for the benefit of any other person etc. It cannot be doubted nor has it been disputed that the respondent is landlord within the meaning of Section 3(h) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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