Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Statutory Interpretation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Statutory Interpretation:Legislative changes-Impact of on pending proceedings-Held: A new law bringing about a change in forum does not affect pending proceedings, unless a provision is made in it for change over of proceedings or there is some other clear indication that pending. actions are affected-On facts amendment in the Act not bringing about change in forum with regard to pending actions, thus the effect of amendment cannot deprive the Court of Munsif of its jurisdiction to try eviction matter over the premises belonging to religious institution-Karnataka Rent Control Act, 1961-Karnataka Rent Control (Amendment) Act, 1994. Karnataka Rent Control Act, 1961: Sections 21(1)(b) and 3(h)-Pujari of a temple receiving rent in respect of the premises is landlord within the meaning of section 3(h)-Pujari also claiming to be the owner-Claim for eviction-Maintainability of-Held, though pujari claiming to be owner but so long as he is found to be landlord he is entitled to maintain action for eviction. Words and Phrases: 'Landlord'-Meaning of in the context of Section 3(h) of Karnataka Rent Control Act, 1961. Constitution of India, 1950: Article 136-Objection as to forum competence of trial court-Not taken upto High Court, not in SLP too-Cannot be allowed to be urged belatedly by way of additional ground in Supreme Court. Suit premises, a residential house were owned by a temple-a religious institution. It was not under the management of the State Government and was let out to appellant-tenant. Appellant-tenant paid A rent to respondent's father who was the pujari and manager of the temple. Respondent claiming to be the owner of the premises filed eviction petition under Section 21(1)(h) and (p) of the Karnataka Rent Control Act, 1961. Court of Munsif granted eviction decree under clause (p) but not under clause (h). Appellant filed a Revision Petition before Additional District B Judge. During pendency of the proceedings the Act was amended. From section 2(7) which excepted one of the categories of premises from the application of the Act viz, 'any premises belonging to a religious or charitable institution under the management of the State Government', the words 'under the management of the State Government' were deleted. ADJ dismissed the Revision Petition. Even High Court upheld the eviction decree under clause (p). Hence the present appeal. Appellant-tenant contended that the effect of the amendment deprived the Court of Munsif of its jurisdiction to hear and decide proceedings for eviction over the premises; and that the petitioner filing eviction petition must claim himself to be only a landlord and not an owner and the respondent claimed himself to be the owner of the premises which is inconsistent with his being a mere rent collector on behalf of the temple, thus the claim for eviction at his instance should have been refused. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2002 INSC 536 |
Petitioner | R. Kapilnath (dead) Through Lrs. |
Respondent | Krishna |
SCR | [2002] Supp. (5) S.C.R. 66 |
Judgement Date | 2002-12-13 |
Case Number | 2474 |
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