Court : Karnataka
Reported in : AIR2007Kant46(DB); ILR2006KAR4584; 2007(1)KarLJ378; 2007(1)KCCR125; 2007(1)AIRKarR296
..... learned counsel for the appellant nextly submitted, that the appellant being a tenant holding over, he is protected under the provisions of the karnataka rent control act. section 31 of the karnataka rent control act only provided for eviction of the appellant and his status as a tenant otherwise continues. in this regard, he relied on a decision reported in ..... for the eviction of tenant of a premises used for non-residential purpose and rent of which is more than rs. 500/-. under chapter v of the rent control act, however, all other provisions were applicable. section 3 clause (r) defines the tenant and under the definition of the tenant, even tenant, who is continuing in ..... , as the termination has come into effect with the expiry of the time and he was continued only under the protection of the provisions of karnataka rent control act.20. as regards to the mesne profits, he submitted that the tenant after the expiry of the contractual period of tenancy is liable to pay the mesne .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3648; 1992(1)KarLJ195
..... munsiff' or 'the trial court') against the respondents seeking their eviction under clause (h) of the proviso to sub-section (1) of section 21 of the karnataka rent control act, 1961 (for short 'the act1) from eviction petition, schedule house-cum-landed property situate near the munsiff's court, karkala and described in the eviction petition schedule 'a ..... the civil court under section 9 of the civil procedure code vis-a-vis the power of a small causes court under the bombay rents, hotel and lodging house rates control act, 1947. eventually, his lordship bopanna, j has held as under:'whenever a question of ouster of jurisdiction arises, it is the duty of the civil court ..... ordinarily interfere with a finding of fact recorded by the original court in similar circumstances. with particular reference to section 12b of the madras buildings (lease & rent control) act of 1949, i should add that the power of revision under it is wider than the power conferred under section 115 of the c.p.c. and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR1477
..... fans and other fittings but without projector or other machinery amounted to lease of accommodation but not of cinema business and such lease is governed by the karnataka rent control act, 1961. the decision in anant gadre v. smt. gomtibai appears to support the contention of the appellants. in that case, narrating the facts in para 3 ..... and other fittings, furnitures, cinema equipments etc., and it is further contended that the lease in question is governed by the provisions of the karnataka rent control act, 1961 and plaintiffs 1 and 2 by themselves or with their children plaintiffs 3 to 5 are not entitled to evict them from the plaint schedule premises ..... was unsustainable.10. plaintiffs filed a reply to the amended portion of the written statement and contended that striking down of section 31 of the karnataka rent control act had no bearing upon the cinema theatre and the lease of the plaint schedule property which was a well equipped permanent cinema theatre with all the equipments e .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1712
..... . the respondent-land lord filed an eviction petition before the trial court under clauses (f) and (h) of section 21 (1)of the karnataka rent control act, 1961 (shortly called 'the act') seeking eviction of the tenant (petitioner before this court) on the ground that the schedule premises has been unlawfully sublet by the tenant and further the landlord ..... the shop. it is not correct to suggest that naresh kumar alone is closing the shop every day.'the clear indication is that the schedule premises is under the control . of naresh kumar because he has to open the shop everyday. another partner stated in exhibit p-3 is bipin kumar. r.w.1 states 'i do ..... out. english law contemplates what are called 'possessory licences' which confer a right of exclusive possession, marking them off from the more usual type of licences which serve to authorise acts which would otherwise be trespasses. (see: john dewar, 'licences abd land law; modern law review) (vol.49 no. 6 no. v 1986) and s.moriorty 'licenses .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3910; 1992(1)KarLJ411
..... and ors. in which it is held with reference to the provisions of sections 7 and 10 of the a.p. buildings (lease, rent and eviction) control act, 1960 (for short 'the a.p. rent control act') in paragraph-11 at page 1513 as under: '...the lease being for a term of 30 years is to expire in september 1999. as we have already ..... but interesting point that falls for determination in these three connected revision petitions filed by the tenants under section 50(1) of the karnataka rent control act, 1961 (for short 'the act') is: 'whether the provisions of the act cannot be invoked by the landlord of a premises leased in perpetuity or for a fixed term with a clause enabling the tenant to renew ..... . in my opinion, there is considerable force in the said argument of smt. nalini chidambaram as section 10(3) of the a.p. rent control act reads thus: '10. eviction of tenants: xxx xxx xxx (3)(d): where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3260; 1995(4)KarLJ293
..... of the well settled principles of law of interpretation that when the language of section is clear it has to be given its ordinary meaning. the rent control act being social welfare legislation it has got to be construed reasonably and justly maintaining equilibrium between the landlord and the tenant and keeping in view legislative policy ..... on 25th april 1957 for possession of the premises. the court referred to provisions of section 50 of bombay rent restriction act, 1939 and the bombay rents, hotel rates and lodging house rates (control) act, 1944. the provisions thereby is quoted as under:-'provided that all suits and proceedings between a landlord and a tenant relating ..... continuation of the suit and when appeal, filed by tenant was pending, the amending act i.e., act no. 17 of 1983 came into operation, and thereby act no. 22 of 1961 i.e., karnataka rent control act, 1961 and section 21 of the act became applicable. so the lower appellate court could not have confirmed the decree passed .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR2599; 1991(2)KarLJ602
..... 1st respondent in the year 1969. subsequent to the lease, occupation of the 1st respondent was regularised under sections 318 and 31c of the karnataka rent control act, 1961 (here in after referred to as the act). on or before 20-8-1976, the 1st respondent acquired 2 residential premises, viz., no. 59, 1st floor, residency road, bangalore, and no. 26 ..... b. mohanbhai v. m.s.u. mandir : [1976]1scr411 while considering the non obstante clause in section 13 of the bombay rents; hotel and lodging house rates control act (57 of 1947) (as applicable to gujarat).'this in our considered opinion does not throw any light on the scope of section 21 a(2) of the ..... the other in his personal capacity. the learned judge in paragraph 16 of his order states:'obviously in ordering eviction the rent controller has usurped the powers of the court under section 21 of the karnataka rent control act. he has directed the tenant to hand over possession to the landlord who in turn is directed to report vacancy under .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR4307; 1991(4)KarLJ51
..... anr. v. kasturi lal, : [1977]2scr421 the supreme court has considered the effect of non-obstinate clause contained in sections 14a and 25a of the delhi rent control act, and has held thus: 'the right conferred by section 14a has to be enforced in accordance with the procedure prescribed by chapter iiia. that is prescription of section ..... as wrongful occupant of the accommodation. in the light of the provisions contained in section 2(1), 12(1) and 13(1) of the m.p. accommodation control act and the definition of the word 'tenant', it was held that even after the termination of the contractual tenancy, the continuation of the tenant in possession of ..... a person continuing in possession of the accommodation even after the termination of his contractual tenancy would be a tenant within the meaning of the madhya pradesh accommodation control act and whether on such termination, his possession would not become wrongful until and unless a decree for eviction was made, and in case he continued to be .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(2)KarLJ231
..... their continuance in possession will not be unlawful until they are evicted by due process of law as they are the statutory tenants under the provisions of the karnataka rent control act, in view of the law impounded by the apex court in anthony's case referred to supra. in this view of the matter, both the impugned endorsement and the ..... 68 months if the amount of rs. 6,00,000/- paid by the petitioners to the third respondent under the lease deed is worked out. hence, the karnataka rent control act is not applicable for tiling eviction petition. therefore, for the eviction of the petitioners, the 3rd respondent has to file a suit for ejection, after determining lease of the ..... rs. 6,00,000/- (rupees six lakhs only) is not refundable. it carries no interest'. the word 'tenant' is defined under section 3(r) of the karnataka rent control act and the same is as under: '3(r) 'tenant' means any person by whom or on whose account rent is payable for a premises and includes the surviving spouse or .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant49
..... of the petitioners that the impugned notices vide annexures a, a1 and a2 passed by the first respondent not following the provisions under section 14 of the rent control act is wholly untenable in law and the said contention is liable to be rejected as the same is not legal and valid in view of the relevant provisions ..... property tax should have been made by the respondents taking into consideration of the fair rent required to be determined as provided under section 14 of the karnataka rent control act in respect of the properties in question, is the relevant consideration for them, should have been taken into consideration by the first respondent having regard to the cases ..... to month or year to year.' 11. the short point for consideration in these writ petitions is whether, the provisions u/s. 14 of the karnataka rent control act, 1961 was required to be taken into consideration by the first respondent for determining the arv of the property to fix the property tax by revising the same in .....
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