Judgment Search Results Home > Cases Phrase: karnataka public premises eviction of unauthorised occupants act 1974 section 5 eviction of unauthorised occupants Page 1 of about 553 results (0.208 seconds)

H. Abdul Rasheed Vs. Madrasa-e-arabia, by Its Secretary

Court : Karnataka

Reported in : ILR2004KAR4717; 2009(3)AIRKarR140

..... when the appeal was pending before the first appellate court, the defendant filed an application seeking amendment to written statement to the effect that the suit premises is a 'public premises' as defined under section 2(e)(v) of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (hereinafter referred to as 'the act') and in view of section 16 of the act, which bars the jurisdiction of the civil court to entertain the suits pertaining to public premises, original suit was not maintainable against the defendant. ..... even though as on the date of passing of the judgment and decree the suit was not maintainable, since the defendant is in continuous unauthorized occupation of the suit premises right from 1974 by paying meager rent for the public premises, it is not a fit case for interference at this stage in so far as the decree for possession is concerned.9. ..... though the contention urged on behalf of the defendant is that the procedure contemplated under section 5 of the act shall be followed by the plaintiff to evict him from the premises in question, since the defendant had the opportunity to present his case before the trial court and has been enjoying the premises from a long time, no prejudice is caused to him.10. ..... therefore, the defendant should be treated as an unauthorized occupant of the premises in question as defined under section 2(g) of the act. .....

Smt. Jabeen Taj and ors. Vs. Masjid-e-pension Mohalla, A. Wakf Institu ...

Court : Karnataka

Reported in : ILR2006KAR1146; 2006(2)KarLJ357

..... the learned counsel appearing for the appellants/defendants submitted that in view of section 2(e) and 16 of the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (in short, 'the act'), the jurisdiction of civil court is barred, as the property belongs to the wakf institution. ..... section 16 of the act says that no court shall have the jurisdiction to entertain the suit or proceeding in respect of the eviction of any person who is in un-authorized occupation of any public premises or the recovery of arrears of rent payable under sub-section (1) of the section 7 or the damages payable under sub-section (2) of that section or the costs awarded to the state government or the local authorities or the corporate authority under sub-section (5) of section 10 or any portion of such rent, damages or costs.9. ..... section 2(e) of the act reads as under-'public premises' means any premises belonging to or allotted to state government or taken on lease or requisitioned by or on behalf of the stale government and includes any premises belonging to or taken on lease by or on behalf of-(i) a local authority,(ii) any company as defined in section 3 of the companies act. .....

B. Sathyanarayana Vs. Additional District Judge

Court : Karnataka

Reported in : ILR1990KAR1107; 1990(1)KarLJ338

..... as he failed to vacate the premises, proceedings were initiated by the estate officer appointed under the provisions of section 5(1) of the karnataka public premises (eviction of unauthorised occupants) act, 1974 ('the act' for short) calling upon the petitioner to show cause as to why he should not be evicted from the premises. ..... in this writ petition referred to division bench under section 9 of the karnataka high court act, the following question of law arises for consideration:'whether an additional district judge has the jurisdiction to dispose of an appeal presented under section 10 of the karnataka public premises (eviction of unauthorised occupants) act, 1974?'2. ..... , : air1986kant258 the only two questions which are required to be considered both by the estate officer and the district judge acting under the act, is whether the premises in a given case is a public premises and whether the person concerned has become an unauthorised occupant. ..... in the present case, undoubtedly the premises is a public premises as it belongs to the municipal council, davanagere and as the lease had come to an end by efflux of time on 31-3-1983 the petitioner had become an unauthorised occupant. ..... appeals:- (1) 'an appeal shall lie from every order of the competent officer made in respect of any public premises undersection 5 or section 7 to an appellate officer who shall be the district judge, having jurisdiction over the area. .....

M. Papa Naik Vs. Commissioner, City Municipal Council

Court : Karnataka

Reported in : ILR1996KAR1808; 1996(3)KarLJ86

..... with these being the facts of the case, the 2nd respondent issued an order dated 26.3.1990 under section 5 of the karnataka public premises (eviction of unauthorised occupants) act, 1974, (for short 'the act'), directing him to vacate and deliver vacant possession of the quarters and further directed him to pay damages ..... 1975 (2) klj 280 wherein this court has held:'the district judge who is constituted as an appellate officer under section 10 of the karnataka public premises (eviction of unauthorised occupants) act, 1961, does not act as court but as a persona designata. ..... with reference to these decisions, it is now necessary to refer to section 9 of the act which reads:'an appeal shall lie from every order of the estate officer made in respect of any public premises under section 5a or section 5-b 'or section 5c' or section 7 to an appellate officer who shall be the district judge of the district in which the public premises are situate or such other judicial officer in that district of not less than ten years standing as the district judge may designate in ..... souza bai, 1975 (2) klj 352 the division bench of this court has held while dealing with section 48 of the karnataka rent control act, 1961:'an additional district judge of the district court having jurisdiction over an area in which the premises are situate, has jurisdiction to hear and decide an appeal under section 48 of the act, when such appeal has been transferred or assigned to him by the district judge of that court .....

The Horticulture Producers' Co-operative Marketing and Processing Soci ...

Court : Karnataka

Reported in : 2000(6)KarLJ442

..... it is after disposal of this writ petition, the third respondent-institution has approached the second respondent-board of wakf, by filing a petition under section 5 of the karnataka public premises (eviction of unauthorised occupants) act, 1974, inter alia seeking an order of eviction against the petitioner-society. ..... , the horticultural producers co-operative marketing and processing society limited, hour road, bangalore-27, is an unauthorised occupant within the meaning of the explanation (g) of section (2) of the karnataka public premises (eviction of unauthorised occupants) act, 1974. 6. ..... the above institution is a wakf under the management of karnataka state board of wakfs and as such the petition schedule property comes within the definition of sub-clause (v) of clause (e) of section 2 of the karnataka public premises (eviction of unauthorised occupants) act, 1974. ..... the second prayer is for a declaration, to the effect that the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974, is not applicable to petition schedule property, since there is no declaration from a competent forum that the second and third respondents herein are the owners of schedule property.3. ..... to answer this precise question, in my opinion, the relevant provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974, requires to be noticed. .....

The Divisional Controller, K.S.R.T.C., Hubli and Another Vs. Gangadhar ...

Court : Karnataka

Reported in : AIR1993Kant82; ILR1992KAR3787

..... -47 of his order, the learned munsiff held as follows :--'it is not in dispute that the ksrtc is a corporate body established under the karnataka road transport corporation act, 1950 and therefore, the premises belonging to the ksrtc, comes within the purview of public premises as defined under section 2(e)(iii) of the karnataka public premises (eviction of unauthorised occupants) act, 1974 and that any person who remains in occupation of the property in question after expiry of the contract period etc. ..... to section 16 of the act, the learned munsiff held in paragraph-48 as under :--'further, section 16 of the karnataka public premises (eviction of unauthorised occupants) act, 1974 bars jurisdiction of civil court in respect of eviction of any person who is in unauthorised occupant of any public premises etc ..... it is clear that the suit premises is a 'public premises' as defined in the karnataka public premises (eviction of unauthorised occupants) act, 1974 in which case the said act is attracted to this case. ..... that the order of the appellate authority was illegal and was unsustainable, inasmuch as, according to him, the learned civil judge failed to appreciate the contention urged before him that the suit premises being governed by the karnataka public premises (eviction of unauthorised occupants) act, 1974 (karnataka act no. ..... 1971), which is more or less similar to the karnataka public premises (eviction of unauthorised occupants) act, 1974, this court in bombay swadeshi stores v. .....

K. Vasudeva and ors. Vs. the Corporation of the City of Bangalore and ...

Court : Karnataka

Reported in : ILR2001KAR4973; 2001(6)KarLJ360

..... gowrishankar submits that, the premises in question is a public premises as defined under section 2(e) of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (in short 'the act of 1974') and therefore submitted that provisions of the act are applicable to the facts of these cases. ..... it is an undisputed fact that, except the provisions under sections 4 and 5 of the said act to evict the unauthorised occupants from the public premises as defined in terms of section 2(c) of the act, there are no other provisions under the provision of the act of 1974 to evict such unauthorised occupants who are in unauthorised occupation in the premises as defined under section 2(g) of the act of 1974 without issuing notice. ..... writ petitions further contended that the contentions taken on behalf of respondent-corporation that they have got power under section 288d of the karnataka municipal corporations act, 1976 (in short 'the act of 1976') to evict them withoutnotice to the unauthorised occupants cannot be invoked and exercised in view of specific substantive right conferred upon the petitioners under sections 4 and 5 of the act of 1974 contending that the said provisions of the act are special provisions and that act would prevail over the provisions of the ..... section 2(g) of the act of 1974 defines an 'unauthorised occupant' as a person who is in unauthorised occupation in relation to any public premises, such occupation without authority of law.10. .....

itc Limited Corporate Head Quarters, and ors. Vs. Union of India by It ...

Court : Karnataka

..... in this writ petition the petitioners have prayed for a writ to declare section 2(e)(v) of karnataka public premises (eviction of unauthorised occupants) act, 1974 (for short "the public premises act") as substituted by amending act 22 of 1999 as null and void, to quash the order dated 12.8.2002 passed by the fifth respondent as per annexure-u, to quash the notice dated 19.11.2001 as per annexure-q and to declare the entire proceedings before the fifth ..... on the basis of pleadings and arguments on both the side, the following points will arise for my consideration:(i) whether section 2(e)(v) of the karnataka public premises (eviction of unauthorised occupants) act, 1974 as substituted by the karnataka public premises (eviction of unauthorised occupants) act. ..... (ii) whether the fifth respondent - the competent authority has no jurisdiction to initiate proceedings against the, petitioner under the provisions of karnataka public premises (eviction of unauthorised occupants) act, 1974? ..... section 16 of karnataka public premises (eviction of unauthorised occupants) act takes away the jurisdiction of the civil courts to try matters relating to recovery of registered wakf properly. ..... (iii) whether the notice issued tinder section 4(1) of the karnataka public premises (eviction of unauthorised occupants) act. ..... was not in unauthorised occupation of the same within the meaning of section 2 (g) of the public premises act. .....

S.P. Anand Vs. the Competent Officer, Secretary to Bangalore Developme ...

Court : Karnataka

Reported in : 2001(6)KarLJ72

..... based on the heels of this resolution, the respondent 1 purported to initiate action under section 5 of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (for short, 'the act') as per annexure-d which the petitioner received on 10-12-1999 and he had sent a reply as per annexure-e ..... communicated to the plaintiff on 10-2-1999 is in breach of contract, illegal and without the authority of law; (ii) restraining the defendant from taking any action against the plaintiff for the plaintiffs dispossession from the schedule premises either under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974 or otherwise; (iii) awarding court costs and such other reliefs as the hon'ble court deems fit to grant as the situation demands in the interest of justice. ..... the result therefore, the petition is allowed declaring that the initiation of the proceedings under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974, is illegal and opposed to law. ..... under articles 226 and 227 of the constitution for the following reliefs: 'for a writ of mandamus or any other appropriate writ, order or direction: (a) declaring the initiation of the proceedings under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, is illegal and opposed to law; (b) declaring that the question about the unauthorised occupation of the premises is sub judice pending disposal of o.s. no. .....

H. Abdul Rasheed Vs. Madrasa-e-arabia by Its Secretary

Court : Karnataka

Reported in : 2009(6)KarLJ43:2009(3)AIRKarR140:AIR2009N0C2181.

..... amend written statement, to insert the following:the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974, apply to the kolar bara imam shadi mahal comes under public premises as defined under section 2e(v) of the k.p.p. ..... contended that, suit is not maintainable in the civil court, in view of bar of jurisdiction under the karnataka public premises (eviction of unauthorised occupants), act, 1974 (act, for short). ..... set aside and the suit is hereby dismissed due to bar of jurisdiction under section 16 of the karnataka public premises (eviction of unauthorized occupants) act, 1974.it is made clear that, the dismissal of the suit will not come in the way of respondent/plaintiff initiating proceedings against the appellant for appropriate reliefs under the provisions of karnataka public premises (eviction of unauthorized occupants) act, 1974, before the competent authority. ..... eviction of a lessee filed by the lessor, a wakf institution in the year 1996 was maintainable before a civil court in the light of the provisions of clause (v) of sub-section (e) of section 2 of the karnataka public premises (eviction of unauthorized occupants) act, 1974 as introduced to the premises act by act ..... trial court in the year 1998 nevertheless became not tenable during the pendency of the appeal of the lessee before the lower appellate court in the wake of the further amendment to the karnataka public premises (eviction of unauthorized occupants) act, 1974 by act no. .....