Judgment Search Results Home > Cases Phrase: karnataka rent control act 2001 section 2 application of the act Court: punjab and haryana Page 1 of about 81 results (0.089 seconds)

Pioneer Timber Products and anr. Vs. Om Prakash Aggarwal and anr.

Court : Punjab and Haryana

Reported in : (2003)135PLR250

..... that the matter is squarely covered by the judgment of hon'ble supreme court reported as m/s ambalal sarabhai (supra) relied upon by the learned rent controller wherein identical situation under the delhi rent control act, 1958 was in issue and it has been held that a landlord or tenant are relegated to seek their rights and remedies under the common law ..... protection is not in existence.7. it may be noticed that in parripati's case it was the tenant who approached the court for relief under the a.p. rent control act. the court considered the distinction between the two situation and held:'according to us there is a material difference between the rights which accrue to a landlord under the ..... and ors.3 (2002)7 section c.c. 553 and sultan mohajudeen v. basher shauff,4 2002(2) r.c.r. 518 is misconceived in m. subbarao's case karnataka rent act came into force w.e.f. 31.12,2001, wherein the order of ejectment attained finality on 11.10.2000. the tenant was granted 18 months time to vacate the .....

Sanjay Sharma and anr. Vs. Ajmer Singh and anr.

Court : Punjab and Haryana

Reported in : (2007)147PLR699

..... tubes ltd. v. ram piari 1986 (supl.) r.c.r. 468, laying down as under:12. lastly, j. nandanlal javantaraj (supra) was a case under karnataka rent control act and the question was whether the high court had power to review in respect of an order made by it in a revision petition under section 50 of the ..... karnataka rent control act. adverting to the cases of national sewing thread co. ltd. and r.m.a.ra. adaikappa chettiar and another (supra), a learned single judge of karnataka high court overruled the objection. hence it would appear to be well established law that ..... ground that no review is permissible under the provisions of the east punjab (urban rent restriction) act. the execution of the rent note was also disputed. the learned rent controller accepted the application by observing that the provisional rent was assessed in the absence of the rent agreement. as the same has been produced now, it would be in the interest .....

Ram Sarup and Another Vs. DIn Dayal

Court : Punjab and Haryana

Reported in : AIR1997P& H1

..... tenant. of course, similar provisions are found in other enactments for example, statutes of maharashtra, karnataka, kerala, west bengal, where there are provisions for reinduction of tenants in the premises after reconstruction. the tamil nadu building (lease and rent control) act, 1960 also does not provide for any such provision for; reinduction. for want of such ..... l987 sc 21l7) the vires of s. 14(1)(b)and ss; 16(2) as well as 30(ii) of the tamil nadu buildings (lease and rent control) act, i960, were challenged on the ground of the same being arbitrary,discriminatory and unreasonable. the land-lord had sought ejectment of the tenant on the ground of non ..... a right of re-entry to the tenant, the constitutional validity of the tamil nadu rent act was challenged on the ground that it is arbitrary, discriminatory and .....

J.U. Katyal and anr. Vs. Krishan Kapur and ors.

Court : Punjab and Haryana

Reported in : (2005)139PLR558

..... rao's case (supra), relied upon by the learned counsel for the respondents, the hon'ble supreme court was considering the question regarding the applicability of karnataka rent control act, 1961. a decree for possession by way of ejectment was obtained from the civil court in respect of the property situated in pandavu village. on 15 ..... that time pandavu village was not within the mangalore municipality and as such the provisions of karnataka rent control act, 1961 were not applicable to the properties in pandavu village. on 18.7.1983, the said act was amended by karnataka act no. 17 of 1983, whereby all the areas within the limits of the cities under the ..... aforesaid decree passed by the civil court was executable because subsequent to the decree for possession, the karnataka rent act was made applicable to the area in question.12. after considering various provisions of the karnakata rent control act and also referring to the various authorities, it was held by the hon'ble supreme court in .....

Jagdish Parshad Vs. Trilok Chand

Court : Punjab and Haryana

..... could not exercise the rights conferred upon a landlord by the statute. the submission must be rejected firstly, for the reason that the landlord under the karnataka rent control act need not be the owner of the premises. secondly, the mere dismissal of the suit did not, as a consequence, confer title on the corporation in ..... the order of the appellate authority is a non-speaking order and only affirms the order of the rent controller and has placed reliance upon balraj taneja and another vs. sunil madan and another, air 1999 sc 3381 and karnataka state road transport corporation vs. smt. asmathunnisa and others, 2000 (1) plr 234 to contend that ..... the high court cannot interfere with the finding/conclusion recorded by the rent controller and/or the appellate authority simply because on a re-evaluation of the evidence, it forms a different opinion on the particular issue. 22. the judgment referred to in karnataka state transport corporation's case (supra) pertains to facts where the high .....

R.S. Madho Ram and Sons and ors. Vs. Dwarka Dass and Sons and anr.

Court : Punjab and Haryana

Reported in : (1991)99PLR666

..... the asiatic oxygen & acetylene co ltd v. mrs. azra abdullah, 1983 (2) r. c. r. 686. during the pendency of the ejectment proceedings under the karnataka rent control act, the landlord transferred the suit premises to his daughter by way of gift it was hold that the cause of action did not survive in favour of the donee who ..... the contention of the learned counsel for the petitioners is that appeal would be continuation of the ejectment proceedings which were initiated before the rent controller and while making reference to section 15 (4) of the act it has been argued that it is the decision of the appellate court which is to be treated as final and subject to ..... final otherwise on filing an appeal against the order of the rent controller the proceedings could be stayed as .mentioned in sub section (2) of section is. i have given due consideration to these arguments but i do not find any force therein. under section 15 (2) of the act a power is given to the appellate authority for staying .....

Harbans Lal Vs. Smt. Sushma Kapil Alias Nikky Kapil and ors.

Court : Punjab and Haryana

Reported in : (2009)3PLR755

..... anantharai l. parekh : [1994]3scr403 . the case referred to a sub-tenancy inducted after coming into force of the karnataka rent control act, 1961. under the relevant provisions of the act, a sub-tenant who was inducted into possession before the act was a deemed tenant under the landlord. in the action for eviction under one of the grounds of eviction (under section ..... possession of the third respondent any the more vulnerable by making possible eviction when his father was found to be a tenant and protected by inapplicability of the rent control act. the principle of law that the integrity of the tenancy could not be split up ought to be understood in the context that there cannot be a ..... in immovable property and is heritable. if gaindi was entitled to be protected in his possession as a sub-tenant who had come by possession prior to the rent control act, a fortiorari his son who is the third respondent is also entitled to the same benefit. after all, it is not a case of a sub-tenancy .....

The State of Himachal Pradesh (Through the Secretary for Forests Minis ...

Court : Punjab and Haryana

Reported in : (2009)153PLR357

..... the hon'ble karnataka high court after considering the law on the point was pleased to lay down as under:26. it is also necessary to refer to smt. gian devi anand v. jeevan kumar and ors. : air1985sc796 . this is a decision of the constitution bench of the supreme court (five judges) under the delhi rent control act the heirs ..... whether the statutory tenancy in respect of commercial premises was heritable or not. the supreme court held that heirs were entitled to the protection of the rent control act even though the act was silent on the said question. one of the reasons given is found at page 812..if if he held that commercial tenancies after the termination ..... to evict the tenant. the observation of the supreme court is not based on any particular provision of the relevant andhra pradesh rent control act but is based on the principles flowing out of the provisions of the t.p. act and the interest created in the tenant under a term lease. mr. a.g. holla, learned counsel for the petitioner .....

Amita Banta and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2010)157PLR413

..... v. the state of madras : (1962) 2 scr 169 : air 1961 sc 1731 (constitution bench). in this case section 13 of madras buildings (lease and rent control) act, 1940 is similar to the provisions we are considering conferred power of exemption. this court held:it was not possible for the statute itself to contemplate every such contingency ..... the exercise of discretion must not be arbitrary or capricious or for any extraneous considerations. ...17.7 in beml employees house building coop. society ltd. v. state of karnataka , 55 : (2005) 9 scc 248, it was observed:7. ...wide the discretion may be, but not wild. all exercise of statutory discretion must be based on ..... (1995) 3 scc 128 in which the present appellant was one of the societies, which challenging the order of the division bench of the high court of karnataka, their lordships dismissed the special leave petition following the judgment in h.m.t. house building cooperative society (supra). in paragraph 3 of the judgment while dealing .....

Vijay Kumar Bhambari Vs. Ram Nath Bajaj

Court : Punjab and Haryana

Reported in : AIR1990P& H208

..... only right of revision has, been provided wherein the high court would satisfy itself only with respect to the legality of the order of the rent controller.15. by reading the provisions of theamendment act of 1985. the basic design behind the amendment revealed is to the effect that in order to satisfy the instinct of a retiring person ..... grounds on which he proposes to oppose the claim of the landlord and contest the application for ejectment, thus, seek leave to defend the ejectment, proceedings. the rent controller on his refusal to grant leave to defend or where it was not sought would deem the allegations made in the ejectment application as correct and consequently order the ..... envisaged by art. 12 of the constitution of india, it was found that art. 311 of the constitution of india would not be applicable to its employees. karnataka high court while considering the case of an employee of reserve bank of india found that though the reserve bank of india is a state within the meaning of .....