Judgment Search Results Home > Cases Phrase: karnataka rent control act 2001 section 2 application of the act Court: chennai Page 1 of about 246 results (0.108 seconds)

S. Gurusamy Nadar (Died) and 3 Others Vs. Andal Ammal (Died) and Anoth ...

Court : Chennai

Reported in : 2000(1)CTC492

..... . 9. the next decision is mohd. basheer ahmad v. hakeem n. hakeem noorulla, : (1997)10scc766 . that case arose under the karnataka rent control act. in that case the tenant's claim for adjustment of arrears of rent against the advance was rejected by the high court and that order was not challenged by the tenant. it was in those circumstances and ..... authority. 6. ms. bhuvaneswari, learned counsel appearing for the revision petitioners submitted that the view taken by the appellate authority is clearly erroneous and contrary to section 7 of the rent control act, as also the decision of the supreme court in k. narasimha rao v. t.m. nasimuddin ahmed, 1996 (i) ctc 78 : 1996 (2) lw 159. 7. ..... a sum of rs.3,000 was paid by the tenant to the landlord as advance eventhough according to section 7(2) of the rent control act the landlord could receive only a month's rent asadvance. accordingly, the excess amount of rs.2850 paid as advance by the tenant to the landlord had to be refunded by the landlord .....

M/s. Fraulin, Partnership Firm, rep by its Partner J. Sumitha, Chennai ...

Court : Chennai

..... in both the appeals are liable to be set aside on the ground that under section 10(3)(d) of the tamil nadu buildings (lease and rent control) act, the rent control original petition is liable to be rejected for the reason that the landlady had issued a legal notice dated 21.10.2010, much prior to the expiry ..... order holding the letting purpose to be residential'. (iv) laws (kar)-2000-12-24 [managing director, m/s.lakanpal national ltd., vs. k.m.kondappa] wherein the karnataka high court held as follows: ... 23. as stated, the description of the building stated in the eviction petition clearly indicates that the building was constructed for residential use and ..... for vacating and handing over vacant possession of the property within two months time. as per section 10(3)(d) of the tamil nadu buildings (lease and rent control) act where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this sub-section .....

M.A. Krishnaswamy (Deceased) and ors. Vs. Devaki

Court : Chennai

Reported in : (1990)2MLJ28

..... very same question of abatement was in issue in the above said karnataka case under the karnataka rent control act and rules. rule 30 of the karnataka rent control rules is the rule corresponding to the above said rule 25 of the tamil nadu rent control rules and the said rule 30 runs as follows:applications for making legal ..... representatives of deceased persons parties to proceedings under the act - applications by or against legal representatives under section 51 of the act ..... the case in question. 7. but, the learned counsel for the petitioner pointed out that under the abovesaid rule 30 of the karnataka rent control rules, it is specifically provided that order 22 of the code of civil procedure should be followed and that in the corresponding rule 25 .....

Bhargavakula Nainargal Sangam Vs. Chakravarthi

Court : Chennai

Reported in : (1992)2MLJ83

..... not help the respondent in the present case.17. learned counsel for the respondent places reliance on a judgment of karnataka high court in govindanuma v. murugesh mudaliar : air1991kant290 . that is a case under the karnataka rent control act. that will have no application to the present case. even otherwise, there is a judgment of a division bench ..... of this court. since it is binding on me, there is no point in relying on the judgment of the karnataka high court.18. in the present case, ..... as follows: the plaintiff claimed that the defendant was a tenant and filed an eviction petition under the provisions of the tamil nadu buildings (lease and rent control) act. that petition was dismissed on the ground that the demised premises was a vacant site and proceedings should be taken in a civil court. subsequently, a .....

Munuswamy Vs. S.S. Nathan

Court : Chennai

Reported in : 1996(1)CTC40; (1996)IMLJ176

..... 1983 1 rcj (karn) 516, the question that arose for consideration was whether' in an application made by landlord under section 21 (1) (h) of the karnataka rent control act, 1961, which enables the recovery of possession of a premises from the tenant if it is bonafide and reasonably required by the landlord fro occupation 'by himself, an ..... .26. learned counsel for the respondent also reminded me of my jurisdiction, sitting in revision.27. i am well aware of the revisional jurisdiction under the rent control act, namely, that i should not re-appreciate the evidence, as if i am sitting in appeal. but when the authorities below have completely ignored the provisions ..... necessity should be meaningfully construed so as to make the relief granted to the landlord real and practical.................'19. when we consider the provisions of the rent control act especially in the case where the landlord puts forward a case for eviction on the ground that he requires the building for the occupation of any .....

Mariammal and ors. Vs. Mymoon Bibi and ors.

Court : Chennai

Reported in : 2004(4)CTC764

..... by interpreting the same principles which involved in the present case. in the earlier case, the apex court had considered the scope of the provisions under the karnataka rent control act. the said interpretation was given by the apex court on the basis of the expression 'premises' and 'building' as defined in section 3(a) and ..... 'premises' as defined in 3(n) of the karnataka rent control act. however, in view of the decision of the apex court in : air1996sc2655 , construing the provisions of the tamil nadu buildings (lease & rent control) act, 1960, the learned senior counsel cannot get any support from the above said decision in : air1996sc2655 ..... the building and so the civil court has no jurisdiction to entertain the suit and section 30 of the tamil nadu buildings (lease & rent control) act, 1960, hereinafter called 'the act' has no application to the suit properties.4. the trial court found that the lease in question is a composite lease and it .....

Basile Irou Vs. International Ayurvedic Health Centre

Court : Chennai

..... authorities while adjudicating and eviction petition and held thus:- 19. the lower appellate court has proceeded to discuss the case rather putting the odds against the landlords. the rent control act is meant to the benefit both the tenant and the landlord. the idea is to protect the tenant from unjust eviction. it does not mean that the legitimate ..... for erecting a new building which is to be let out to tenants. the relevant provisions in the bombay act corresponding to section 10(3)(a) and section 14(1)(b) of the tamil nadu buildings(lease and rent control) act are found in sections l3(1)(g) and 13(1)(hh), which has been extracted in the judgment ..... ground of demolition and reconstruction are present and the plea raised by the petitioner lacks bonafide. 4. before the learned rent controller, the petitioner's power agent/elder brother was examined as pw-1, the manager of karnataka bank limited was examined as pw-2 and one mr.ranganathan was examined as pw-3. the petitioner marked 25 .....

A. Shanmuga Sundara Pandia Nadar and anr. Vs. P.S.R. Vivekanandan and ...

Court : Chennai

Reported in : (1991)105MLJ1

..... 32, in which it was held that an order made by a civil court restraining the defendant from executing all order of eviction obtained under the provisions of the karnataka rent control act was illegal and without jurisdiction.25. none of the eases referred to above has any bearing on the present case. the first two cases did not deal with ..... in the scheme. the qualification is the payment of any tax to the municipality. union or to the government or to any zamindar or inamdar or any rent under the estates abolition act or mahamai of rs. 5 per year. 'mahamai' is defined in the scheme as to mean and include' the collection of money from the traders ..... court could exercise its discretionary jurisdiction to grant the equitable relief of injunction. the cases before the supreme court and the karnataka high court dealt with the statutory bar under section 41(b) of the specific relief act. therefore, they will have no application to the present case. in this case, the order of injunction was made by .....

Southern Ancillaries Private Limited, Rep. by Its Managing Director S. ...

Court : Chennai

Reported in : AIR2003Mad416; (2003)2MLJ56

..... a subsequent ruling, a three judges bench of the supreme court, in siddalingamma v. mamtha shenoy air 2001 scw 4345 while considering a case arising under the karnataka rent control act, had an occasion to consider the doctrine of relation back and observed thus:-' on the doctrine of relation back, which generally governs amendment of pleadings unless for ..... additional written statement since the amended plaint was not filed within time. the lower court proceeded to consider the amended plaint. the division bench of the karnataka high court ruled that the lower court was in error in treating the amended plaint as one filed in compliance with order vi rule 18. in the ..... to be filed when once recording of evidence commences.'11. we are in respectful agreement with the view taken by the learned single judge of the karnataka high court that the counter claim cannot be permitted to be filed when once recording of evidence commences. this would automatically mean that an appellate authority .....

S.V. Periasamy and Sons by Its Partner S.V. Periasamy Nadar and ors. V ...

Court : Chennai

Reported in : (1997)1MLJ420

..... application.22. the said argument cannot be sustained in view of the various decisions referred to by me above. the various decisions relate to rent control acts. in a full bench decision by the karnataka high court reported in sri ramakrishna theatres ltd v. general investments and commercial corporation ltd. and ors. a.i.r. 1993 karn. 90 ..... was distinguished. the supreme court held that whatever may be the contract, that has to yield to the specific provisions of the rent control act, for which specific provisions have been made.24. another full bench decision of the karnataka high court is reported in m/s. bombay tyres international ltd & ors. v. k.s. prakash & ors. i.l ..... comment during the trial that the purchasers have not proved their bona fides as required by section 14(1)(b) of the tamil nadu buildings (lease and rent control) act if the purchasers fail to let in evidence to that effect.27. in this case, the appellate authority has taken into consideration the undertaking given by the .....