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Start Free TrialKarnataka Rent Control Act, 2001 Section 35
Title: Recovery of Possession for Occupation and Re-entry
State: Karnataka
Year: 2001
(1) Where a land-lord recovers possession of any premises from the tenant in pursuance of an order made under clause (f) of sub-section (2) of section 27, or under sections 28, 29, 30, 31 or 37 the land lord shall not, except with the permission of the Court obtained in the prescribed manner, re-let the whole or any part of the premises within three years from the date of obtaining such possession, and in granting such permission, the Court may direct the landlord or unless the tenant waives the right put such evicted tenant in possession of the premises: Provided that where a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (r) of sub-section (2) of section 27 for occupation after re-construction or re-building, the period of three years shall be reckoned from the date of completion of re-construction or re-building, as the case may be. (2) Where a landlord recovers possession of any premises as aforesaid and the premises are not occupied by the landlord or by the person for whose benefit the premises are held, within two months of obtaining such possession, or the premises having been so occupied are, at any time.....
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 28
Title: Right to Recover Immediate Possession of Premises to Accrue to Certain Persons
State: Karnataka
Year: 2001
.....it shall be lawful for such landlord to indicate the premises, possession of which he intends to recover. Explanation.- For the purpose of this section and sections 29, 30 and 31 immediate possession shall mean possession recoverable on the expiry of sixty days from the date of order of eviction. (2) Where the landlord exercises the right of recovery conferred on him by sub-section (1), or sections 27, 29, 30 or 31 and he had received,- (a) any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of possession of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the lease ; (b) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract or agreement, lease bears to the total period of contract or agreement or lease: Provided that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of twelve per cent, per annum on the amount which he has omitted or failed.....
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 36
Title: Recovery of Possession for Repairs and Re-building and Re-entry
State: Karnataka
Year: 2001
.....he elects to be placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of these election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or re-building, as the case may be, and the date before which the landlord shall deliver the possession of the said premises. (2) If the tenant delivers possession on or before the date specified in the order, the landlord shall, on the completion of the work of repairs or building or re-building, place the tenant in occupation of the premises or part thereof before the date specified in sub-section (1) or such extended date as may be specified by the Court by an order. (3) If, after the tenant has delivered possession on or before the date specified in the order, the landlord fails to commence the work or repairs or re-building within one month of the specified date or fails to complete the work in a reasonable time or having completed the work, fails to place the tenant in occupation of the premises in accordance with sub-section (2), the Court.....
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 29
Title: Right to Recover Immediate Possession of Premises to Accrue to Members of the Armed Forces, Etc.
State: Karnataka
Year: 2001
.....member of any of the armed forces and has a period of less than one year preceding the date of his retirement and the premises let out by him his spouse or his dependent son or daughter are required for his own use after his retirement, he may, at any time, within a period of one year before the date of his retirement, apply to the Court for recovering immediate possession of such premises. (3) Where the landlord referred to in sub-section (1) or sub-section (2) has let out more than one premises, it shall be open to him his spouse or his dependent son or daughter to make an application under that sub-section in respect of only one of the premises chosen by him. Explanation.- For the purposes of this section, "armed forces" means an armed force of the Union constituted under an Act of Parliament and includes a member of the police force constituted under the Karnataka Police Act, 1963.
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 30
Title: Right to Recover Immediate Possession of Premises to Accrue to Employee of State or Central Government
State: Karnataka
Year: 2001
.....premises. (2) Where the landlord is an employee of the State or Central Government and has a period of less than one year preceding the date of his retirement and the premises let out by him, his spouse or his dependent son or daughter are required by him for his own use after his retirement, he may, at any time within a period of one year before the date of his retirement, apply to the Court for recovering immediate possession of such premises. (3) Where the landlord, his spouse or his dependent son or daughter referred to in sub-section (1) or sub-section (2) has let out more than one premises, it shall be open to him his spouse or his dependent son or daughter, as the case may be to make an application under that sub-section in respect of only one of the premises chosen by him.
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 31
Title: Right to Recover Immediate Possession of Premises to Accrue to a Widow
State: Karnataka
Year: 2001
(1) Where the landlord is,- (a) a widow and the premises let out by her, or by her husband; (b) a handicapped person and the premises let out by him; (c) a person who is of the age of sixty-five years or more and the premises let out by him,is required for use by her or him or for her or his family or for any one for ordinarily living with her or him for use, she or he may apply to the Court for recovery of immediate possession of such premises. (2) Where the landlord referred to in sub-section (1) has let out more than one premises, it shall be open to him to make an application under that sub-section in respect of any one residential and one non-residential premises each chosen by him. Explanation-I.- For the purposes this section, handicapped person shall mean a person who is as if being an assessee entitled for the time being to the benefits of deduction under section 80U of the Income Tax Act, 1961 (Central Act 48 of 1961). Explanation-II.- The right to recover possession under this section shall be exercisable only once in respect of each for residential and for non-residential use.
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 41
Title: Vacant Possession to Landlord
State: Karnataka
Year: 2001
Notwithstanding anything contained in any other law, where the interest of a tenant in any premises is determined for any reason whatever and an order is made by the Court under this Act for the recovery of possession of such premises, the order shall subject to the provisions of section 34, be binding on all persons who may be in occupation of the premises and vacant possession thereof shall be given to the landlord by evicting all such persons therefrom: Provided that nothing in this section shall apply to any person who has an independent title to such premises.
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 37
Title: Recovery of Possession in Case of Tenancies for Limited Period
State: Karnataka
Year: 2001
.....to be consecutive, if a period of five years or more has elapsed after the expiry of the last limited period tenancy; (ii) entertain any application from the tenant calling in question the bonafides of the landlord in letting the premises under this section. (3) All applications made before the Court and revision made before the District Judge or the High Court by the tenant shall abate on the expiry of the period for which permission has been granted under sub-section (1). (4) While making an order under sub-section (1), the Court may award to the landlord damages for the use or occupation of the premises at double the last rent paid by the tenant together with interest at the rate of fifteen per cent per annum for the period from the date of such order till the date of actual vacation by the tenant.
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Section 38
Title: Special Provision for Recovery of Possession in Certain Cases
State: Karnataka
Year: 2001
Where the landlord in respect of any premises is any company or other body corporate or any public institution then, notwithstanding anything contained in section 27 or in any other law, the Court may, on an application made to it in this behalf by such landlord, place the landlord in vacant possession of such premises by evicting the tenant and every other person who may be in occupation thereof, if the Court is satisfied:- (a) that the tenant to whom such premises were let for use as a residence at a time when he was in the service or employment of the land lord, has ceased to be in such service or employment; or (b) that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises; or (c) that any other person is in unauthorised occupation of such premises; or (d) that the premises are required bonafide by the public institution for the furtherence of its activities. Explanation.- For the purposes of this section "Public institutions" does not include any such institutions set up by a Private Trust.
View Complete Act List Judgments citing this sectionKarnataka Rent Control Act, 2001 Chapter VI
Title: Regulation of Eviction
State: Karnataka
Year: 2001
.....permissible under law, utilize the built up area equal to the previous area for the original use to the extent required for the purpose of sub-section (1) of section 35 and the rest for any other use; (f) that the premises or any part thereof are required by the landlord for the purpose of immediate demolition ordered by the Government or any local authority or the premises are required by the landlord to carry out any building work at the instance of the Government or a local authority in pursuance of any improvement scheme or development scheme and that such building work cannot be carried out without the premises being vacated; (g) that the premises or any part thereof are required by the landlord for carrying out any repairs which cannot be carried out without the premises being vacated; (h) that the premises are required by the landlord for the purpose of building or re-building or make thereto any substantial addition or alteration including construction on the terrace of the premises or on the appurtenant land and that such building or re-building or addition or alteration cannot be carried out without the premises being vacated; (i) that the premises consist.....
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