Court : Supreme Court of India
Reported in : 1998VIAD(SC)325; AIR1998SC2979; JT1998(5)SC390; 1999(1)KLT51(SC); (1999)121PLR421; 1998(4)SCALE426; (1998)6SCC507; [1998]3SCR1079
..... is against the order of the high court of karnataka dismissing a revision petition filed by the appellant-tenant under section 50 of the karnataka rent control act, 1961 (for short 'the act') challenging an order of eviction passed against the appellant. while dismissing the revision petition on 25-7-1994, learned judge of the high court granted ..... subsequently become due' until termination of the proceedings.16. learned counsel for the appellant contended that the liability of the tenant under section 29(1) of the act would come into operation only after the court determines the amount to be paid. this argument is based on sub-section (3) but the contingency under that ..... preclude this court from exercising its jurisdiction under article 136. the doctrine of election is founded on equitable principle that where a person persuades another one to act in a manner to his prejudice and derives any advantage from that then he cannot turn around and claim that he was not liable to perform his .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2001VIIAD(SC)97; AIR2001SC3738; JT2001(7)SC135; 2001(5)SCALE557; (2001)7SCC409
..... kar. 1659, the supreme court has considered the very same decision and has stated that the above decision clearly holds that the provisions of the rent control act would apply notwithstanding the contract. the effect of the decision in dhanpal chettiar's case is stated by their lordships of the supreme court and we ..... pvt. ltd. versus syeda vajhiunnissa begum reported in ilr (1994) kar. 1659.11. sri lakshmi venkateshwara enterprises' (supra) while holding that provisions of the rent control act would be applicable to a fixed term contractual lease relied upon a decision dhanapal chettiar versus yesodoi ammal & anr. : [1980]1scr334 : [1980]1scr334 it is ..... m/s. bombay tyres international ltd. versus k.s. prakash, where it has been held that a proceeding for eviction under section 21 of karnataka rent control act wold be maintainable notwithstanding the fact the lease under which tenant enjoys possession is an unexpired term lease. the relevant paragraph from the full bench decision aforesaid, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR3404; 1993(4)KarLJ544
..... brief facts leading to this revision petition are :the petitioner filed petition under section 21(1)(f), (h) and (p) of the karnataka rent control act, 1961 (for short 'the act, 1961') seeking an order of eviction against the respondents.the first respondent is the director (maintenance), southern telecom sub-region, 125, infantry road, ..... premises which have been placed by that government, whether before or after the commencement of the public premises (eviction of unauthorised occupants) amendment act, 1980, under the control of the secretariat of either house of parliament for providing residential accommodation to any member of the staff of that secretariat.'as per section 2 ..... for eviction itself was not maintainable in view of the provisions contained in the public premises (eviction of unauthorised occupants) act, 1971 (for short 'the act, 1971'), as the act 1961 has no application to the petition schedule premises it being a public premises.the learned small cause judge heard the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR120; 2008(4)KarLJ573; 2008(1)KCCR116; 2008(2)AIRKarR25; 2008AIHC1615(Kar)
..... this provision and as this provision is required to be examined independently and not with reference to any of the provisions of either the karnataka rent control act, 1961 or karnataka rent act, 1999,1 would take the view the the scope of clause (b) restraining the jurisdiction of court of small causes should be understood as one ..... scope and width or jurisdiction cannot be curtailed or whittled down by any other enactment, particularly, by referring to the provisions of the karnataka rent control act, 1961 or the karnataka rent act, 1999 as has been done in 'sarojamma's case supra.25. while i am of the view that the view taken and the law ..... the correct view, justified on the facts and circumstances and on a proper understanding of the provisions of the karnataka rent control act, 1961, karnataka rent act, 1999, history of the legislation of karnataka small causes court act, 1964 and a proper understanding of the provisions and the concept of court of small causes' as defined in section 2 .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR2565
..... to emphasise that what was granted was a licence and not a lease. that was obviously to circumvent the provisions of the bombay rents, hotel and lodging house rates control act, 1947. it was apparently thought that the sophisticated description of the transaction as a 'licence ' instead of a lease would take it out of the clutches of the ..... decided the question whether revision under section 115 lies to the high court from a revisional order made by the district court under the provisions of the karnataka rent control act, 1961. in paragraph 11 of the said judgement, the supreme court has observed as under :'11. on the analysis presented above, the two cases upon which ..... bombay rents, hotel and lodging house rates control act. it was precisely the type of agreement that forced the hand of the legislature to intervene and amend the act by introducing s. 15 ! by which such licensees were deemed to be tenants of the landlord.'58. the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR1102; 1994(2)KarLJ517
..... the land tribunal to the effect that the property is not agricultural in nature, took the view that the court functioning under the rent control act has jurisdiction to entertain and decide the application for eviction. in substance, the learned district judge took the view that the property in question is a premises ..... not used for agricultural purposes;'16. the learned munsiff has taken the view that the lease was agricultural in nature and that therefore under the karnataka rent control act he has no jurisdiction. the learned district judge, however, having regard to the nature of the property at the relevant point of time and the decision of ..... him. in particular, a contention was raised that the property in question is agricultural in nature and that therefore, the court exercising its power under the rent control act has no jurisdiction to deal with the matter. similarly, while admitting that certain sum towards the rent was due, opponent-2 took up a contention that what .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2440; 1997(4)KarLJ725
..... by respondents 1 and 3 is erroneous in law and totally unwarranted from the reading of the provisions of part-ii of the karnataka rent control act, 1961 (hereinafter referred to as 'the act'). it is the contention of the learned counsel that since the first respondent gets jurisdiction to notify the premises as vacant and allot the ..... the said decision at paragraph-4, it is observed thus:'the proceedings are initiated under sections 4 and 5 of the karnataka rent control 'act ('the act' for short). the authority under the act can clutch at the (jurisdiction if the building is only vacant. it has been repeatedly stated by this court on several occasions that the ..... a tenancy or by the eviction of the tenant etc., is required to intimate vacancy to the house rent and accommodation controller (hereinafter referred to as 'the controller'). section 5 of the act confers power on the controller to allot any vacant building to any public authority or any other person as he deems fit. section 8 of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR2826
..... the full bench of this court in the case of r. vijendra held that usufructuary mortgagee is a landlord for the purpose of part ii of the karnataka rent control act, 1961.7. the supreme court in the decision of abdul azeez referred to supra held that the view taken by the single judges in the cases referred to ..... as soon as the mortgage is redeemed, and having regard to that legal position submitted the remedial measures intended to be achieved by the legislature by enacting the rent control act would be defeated and tenant would be deprived of his protective umbrella. it was also contended that such a recourse would put rights of tenant in peril opening ..... attorned by the 1st respondent in favour of the petitioner-mortgagee.the petitioner filed petition for eviction under section 21(1)(h) of the karnataka rent control act, 1961 (hereinafter referred to as 'the act' for short) seeking eviction of the said 1st respondent from the garage portion of the said building no. 4 in hrc.no. 326/ 1981 .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(2)KarLJ250
..... getting possession of their houses back from their tenants after their retirement or on death under the existing provisions of the rent control act. therefore, they have requested to amend the karnataka rent control act, 1961 providing for summary termination of the tenancy of houses owned by government servants or by members of their families when they ..... in the local area where she or the members of her family can reside'. explanation.--for the purposes of this sub-section 'controlling officer' means the officer of the state government drawing the salary of the retired or deceased government servant immediately before his retirement or death, as the case ..... and the court shall pass a decree for eviction on such ground, if such widow at the hearing of the suit, produces a certificate signed by the controlling officer to the effect that-- (i) she is the widow of a deceased government servant as aforesaid;(ii) she does not possess any other suitable premises .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR943
..... 8 1973. soon, therefore, the petitioner filed a petition in the court of the munsiff, dakshina kannada. mangalore, seeking eviction under the karnataka rant control act, 1961, (hereinafter referred to as the act) on the following grounds :(d) that the applicants require the demised property for turning it into a car park. besides there is a well in ..... has committed an error of jurisdiction.11. the next question is, whether there has been failure to exercise jurisdiction vested in it. section 21(4) of the act mandatorily requires the court to examine first, the question whether the landlord's bone fide requirement for his own use and occupation can be met out by partial ..... ground was dismissed as not available to the landlord. aggrieved by the same, the landlord preferred the revision before the district judge under section 50(2) of the act.4. in the revision, the learned district judge has taken pains to discuss not that evidence so much which was on record, but apparently what was submitted .....
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