M/S. M. SUBBARAO AND SONS versus YASHODAMMA AND ORS

M/S. M. SUBBARAO AND SONS versus YASHODAMMA AND ORS

Execution of decrees for eviction passed under the Karnataka Rent Control Act, 1961 is not affected by the repeal of that Act by the Karnataka Rent Control Act, 1999; such decrees are protected and remain executable if not expressly abated, as no different intention appears from the provisions of the New Act and Section 6 of the General Clauses Act applies.

Parties
Appellant Tenant: MIS. M. SUBBARAO AND SONS; Respondent Landlord: YASHODAMMA AND ORS.
Jurisdiction
India
Judgment Date
17 September 2002
Procedural Posture
Civil Appeal / Final Disposition (supreme Court Decision)
Outcome
Appeal dismissed
Legal Topics
Repeal and Savings, Execution of Eviction Decree, Karnataka Rent Control Act Application, General Clauses Act Effect
Rent Control Landlord Tenant Repeal and Savings Execution of Eviction Decree Karnataka Rent Control Act Application General Clauses Act Effect

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Parties

MIS. M. SUBBARAO AND SONS

Appellant Tenant

YASHODAMMA AND ORS.

Respondent Landlord

Procedural Posture

Civil Appeal / Final Disposition (supreme Court Decision)

Legal Issues

  1. 1 Effect of repeal of Karnataka Rent Control Act, 1961 by Karnataka Rent Control Act, 1999 on decrees passed under the Old Act
  2. 2 Maintainability of execution proceedings for eviction decree after repeal
  3. 3 Application of Section 70 of Karnataka Rent Control Act, 1999 and Section 6 of Karnataka General Clauses Act, 1899

Ratio Decidendi

Execution of decrees for eviction passed under the Karnataka Rent Control Act, 1961 is not affected by the repeal of that Act by the Karnataka Rent Control Act, 1999; such decrees are protected and remain executable if not expressly abated, as no different intention appears from the provisions of the New Act and Section 6 of the General Clauses Act applies.

Court Disposition

Appeal dismissed

Orders

  • Tenant-appellants allowed three months' time for vacating suit premises, subject to clearing all arrears of rent and filing usual undertaking within three weeks from date of judgment, and continuing to pay rent monthly until delivery of possession.
  • No order as to costs.