B. Idinabba since dead by L.Rs. and Others vs Smt. Shantha Bai dead by L.Rs. and Another

Chandrashekaraiah, J.—This petition is by the land owner challenging the order passed by the District Judge, Dakshina Kannada remanding the matter to the Principal Munsiff at Bantwal for fresh consideration in so far as it relates to eviction u/s 21(1)(f) of the Karnataka Rent Control Act, 1961. During the pendency of this petition, Karnataka Rent Act 1999 came into force. u/s 70(2)(c) of the Act the proceedings pending in respect of the premises to which 1999 Act does not apply shall, as from the date of commencement of the Act, stand abated.

The Karnataka Rent Act, 1999 is not applicable in respect of the premises situated within the limits of town panchayath. In the instant case the premises in question is situated within the limits of Bantwal. If that is so, the proceedings under the section referred to above shall stand abated.

Hence, the following order:

Writ Petition is disposed of declaring the proceedings relating to eviction filed by the land owner as abated. However, this order will not come in the way of the land owner instituting separate proceedings for eviction under the general law.