- (1.) The short facts leading to Civil are as under. The respondents executed a lease agreement on 6/12/1971 for a period of 32 years. The subject-matter of demise was a vacant site for the purpose of erection of cinema theatre by the tenant, appellant. He was put in possession. Thereupon, he applied for a licence for construction. The construction was not completed within a period of two years. The appellant made an application for renewal of licence. On objection by the respondents, the renewal was not granted. As a result, the construction of cinema theatre was not completed. The appellant defaulted in payment of arrears of rent. Therefore, the respondents filed an application under Section 21 (l) (a) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act') and for bona fide requirement under Section 21 (l) (h) of the Act. Pending the eviction proceedings, respondents filed an application under Section 29 (1 and (4 of the Act because the appellant had not paid the rent in spite of notice.
(2.) On 18/08/1990, the trial court passed an order on I. A. VI a directing the appellant to pay the arrears of Rs. 3,69,000. 00. For compliance of this, thirty days' time was granted. Inasmuch as the said amount was not paid on 25/10/1990, an order of eviction was passed. Against this order. Civil Revision Petition No. 725 of 1991 was preferred to the High court of Karnataka. The said revision came to be dismissed on 29/01/1991. Hence, this Civil.
(3.) The only point that is argued by Mr N. Santosh Hegde, learned counsel for the appellant is that during the subsistence of the contractual tenancy for the period of 32 years under the registered deed, it is not open to the respondents/landlords to seek eviction under the Karnataka Rent Control Act, 1961. No doubt, Section 21 of the Act says 'notwithstanding'. But this does not mean that provision can be availed of by the respondents since this is the beneficial legislation in favour of the tenant. In support of this submission, reliance is placed on the full bench judgment of Karnataka High court reported as Sri Ramakrishna Theatres Ltd. v. General Investments and Commercial Corpn. Ltd.;