9911796707
TMI Blog1986 (11) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... ition was filed by the respondent in the Court of Munsif, Mangalore, Karnataka. On 6th December, 1980, objections to the Execution Petition were filed. At that time Pandavu village where the suit premises in dispute was situated was not within the Mangalore Municipality and as such Karnataka Rent Control Act, 1961 (hereinafter called the Act) was not applicable in Pandavu village. On 18th July, 1983 the said Act was amended by Karnataka Act 17 of 1983 whereby all areas within the limits of the cities under the Karnataka Municipal Corporation Act and an area of 3 kilometers therefrom were brought under the purview of the Rent Control Act, that is to say Parts IV and V of the Rent Act were applicable to the area in question. A notification wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter alia, including arrears of rent, bona fide requirement of the landlord etc., being the usual grounds upon which such applications were permissible in various Rent Acts in the country. It was contended that the order under revision should not have directed the petitioners to deliver possession because the decree vested certain rights upon the landlord. It is, therefore, necessary to appreciate the significance of the effect of Section 21 of the Act. It is, therefore, necessary to properly construe Sub-section (1) of Section 21 of the Act. In this connection one has to bear in mind the definition of tenant. Sub-section (1) of Section 21 provides that no order or decree shall be made in favour of the landlord against the tenant. Section 3( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act. The Sub-section does not prevent the execution of the order after coming into operation of the Act, of any order decree passed before the coming into operation of the Act. 4. It was held by this Court in Mani Subrat Jain v Raja Ram Vohra 1980 (2) SCR 141 dealing with Section 2(1) of East Punjab Urban Rent Restriction Act which defines 'tenant' more or less in similar term as the present Act that in view of such a definition of the 'tenant' in Rent Control Act the fact that by the time the Act came into force a decree or any other process extinguished the tenancy under the general law of real property does not terminate the status of a tenant so long as he continues in possession and his possession cannot be ter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he creases. 6. Reliance was placed on behalf of the respondent on the decision of this Court in Konchada Ramamurty Subudhi and Anr. v Gopinath Naik 1968 (2) SCR 559. There the landlord had filed a suit for eviction of the respondent/tenant from the appellant's/landlord's house. The suit was dismissed by the trial court. In appeal, a compromise was entered into between the parties and a decree was passed in terms of the compromise. The compromise provided for the respondent's continuation of possession of the house for five years, but it enabled the appellant to execute the decree by evicting the respondent if the respondent failed to pay rent for any three consecutive months. When the appellant sought to evict the respondent, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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