Court : Karnataka
Reported in : AIR2007Kant46(DB); ILR2006KAR4584; 2007(1)KarLJ378; 2007(1)KCCR125; 2007(1)AIRKarR296
..... profits till he delivers possession or he is required to pay the damages for the period after the repeal of the karnataka rent control act? the karnataka rent control act is repealed by virtue of the karnataka rent act, which came into force on 31.12.2001. no doubt till 31.12.2001, the appellant continued to be ..... messrs moca v. morzaria products (p) limited and submitted that section 31 of the karnataka rent control act only bars the landlords from seeking eviction under the provisions of the karnataka rent control act, but the other provisions of the karnataka rent control act were applicable and the tenant is not liable to pay mesne profits or the damages.16 ..... 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 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR1477
..... 'fittings fixed to such building or part of a building for the more beneficial enjoyment there of' as found in the karnataka rent control act, 1961 or the up, (temporary) control of rent and eviction act (3 of 1947). a comparative statement of definitions of 'building' found under the four enactments as furnished by the learned ..... of the plaint schedule property falls within the definition of 'premises' in section 3 (n) of the karnataka rent control act, 1961 and therefore the eviction order passed without recourse to the provisions of the karnataka rent control act, 1961 is not correct and sustainable.26. in support of the above contentions the learned senior counsel sri ..... such lease is a composite lease and the same does not come under the provisions of the karnataka rent control act, 1961 and therefore the lease in question being a composite one is not covered by the karnataka rent control act.39. the learned counsel for the appellants relied on anant gadre v. smt. gomtibai and contended .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1984KAR110; 1984(2)KarLJ72
..... ordernesargi, j.1. this civil revision petition, filed under section 50(1) of the karnataka rent control act, 1961, (hereinafter referred to as the 'karnataka act'), has come up for disposal, before this court, in view of the order of reference made by the learned single judge of this court, on 18th november ..... government under section 59 of the karnataka act, makes it abundantly clear that so far as the procedure is concerned the provisions of the code of civil procedure ..... .33. 'legal representative' is not defined in the karnataka act. by virtue of section 141 of the code of civil procedure, the definition of legal representative available in section 2(11) of the code of civil procedure, will have to be taken into consideration. rule 35 of the karnataka rent control rules framed in exercise of the power of the state .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR989
..... the date of construction of the building for the purpose of sub-section (2) of section 2 of the rent control act, it would completely defeat the objects of the karnataka rent control act as to control of rents and eviction and leasing of buildings and it would also result in postponing the application of parts ii and iii ..... phase, j.p. nagar, bangalore. the 3rd respondent is the owner of the premises.2. a proceeding under section 10a of the karnataka rent control act (hereinafter referred to as the 'rent control act') was initiated against the appellant-petitioner on the ground that he had occupied the premises in question which was governed by the provisions of ..... with the sanctioned plan and does not contravene any of the building bye-laws. whereas the objects of the karnataka rent control act are to control rents and evictions and leasing of buildings and also to control rates of hotels and lodging houses and to provide for certain other matters connected thereto. thus the objects of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR2774; 1996(3)KarLJ715
..... the high court in respect of the property situated in pandav village to which the provisions of the karnataka rent control act 1961, were made applicable by amending karnataka act 17 of 1983 on 18th july 1983 through the karnataka rent control act was not applicable to the pandava village when the suit was instituted in the munsiff court. the ..... is without any basis. it is submitted that under the karnataka rent control act, no new right is created and the landlord's right to act under the general law or rent control act is not affected.4. it is not disputed that the provisions of the karnataka rent control act, 1961 were made applicable to basavakalyana town in the year ..... lease agreement ex.p,1 and there is no dispute about the applicability of the karnataka rent control act, 1961 to basavakalyanaa town in which the disputed property is situated in the year 1984, by amendment of the karnataka rent control act by act 17 of 1983, and the civil court could not have proceeded to pass a decree .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR5599
..... n.t. bharathi v. hotel olympia, 1990 sc (supplement) scc 213masthan v. sirajuddin and ors., 2002 air kant h.c.r. 11548. they deal with karnataka rent control act and the rent act of other states. the gist of the above cases is whenever the tenant was required to prefer a revision or to prosecute the revision, unless until his revision ..... landlords and the tenant, we would like to take up the questions of controversy, one by one.section 70 of the new rent act reads as under:repeal and savings (1) the karnataka rent control act, 1961 (karnataka act 32 of 1961) is hereby repealed.(2) notwithstanding such repeal and subject o the provision of section 69:(a) all proceedings in ..... of these revisions petitions are as under:2. the respondent-landlord has instituted hrc petition 10115/00 under section 21(1)(a) and (h) of the karnataka rent control act i.e. on the ground of tenant being a chronic defaulter and also for bonafide and reasonable occupation on the ground that his brother is no more .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1991Kant290; ILR1990KAR2639
..... made clear that in the light of these findings, now it is open to the landlord to seek possession of the suit schedule b premises under the provisions of the karnataka rent control act. (v) in the circumstances of the case, there will be no order as to costs in this appeal.19. before parting with this case, we consider it ..... of the premises after the termination of tenancy would continue to be a tenant until he is evicted in accordance with the provisions of the rent act. such a provision is contained in the karnataka rent control act. as already pointed out and it is that provision which makes all the difference between sultan's case and also the case governed by the ..... the owner and has set up title in himself, it is not open to him now to have the benefit of the provisions of the act i.e. the karnataka rent control act; that the provisions of the act govern the parties only if there exists a relationship of landlord and tenant. therefore, it is contended on behalf of the plaintiff that the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2427
..... counsel for respondent that at the time when the suit was filed the duration of the karnataka rent control act (karnataka act no.22/1961) had died itself and that therefore, on the date on which the suit was filed, the karnataka rent control act was nonest, with the result, the provisions pressed into service by the learned counsel for the ..... the pendency of eviction proceedings.21. sri. suryanarayanaswamy, learned counsel for the respondent, as pointed out earlier, contended that neither section 44 of the karnataka rent control act nor the decisions referred to immediately hereinabove can be called in aid in a case where the tenant would like to get the repairs done at his ..... point of view therefore, it is clear that the submission made by sri suryanarayanaswamy, learned counsel for the respondent cannot be countenanced. in otherwords, the karnataka rent control act, 1961 shall be deemed to have been in force even on the date on which the suit was filed. in the context of what is stated .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1734
..... requesting the government to consider giving exemption to premises belonging to religious and charitable institutions from the purview of the karnataka rent control act, 1961, on the ground that the institutions are not in a position to enhance rents and evict tenants and that even when the buildings are in a dilapidated condition, they cannot be taken back ..... 96, 2960/97, 15299/97 and 16470/96 have called in question the constitutional validity of section 2(7)(bb)(iii) of the karnataka rent control act, 1961 (hereinafter referred to as 'the act'), and the petitioner in writ petition no. 22740/ 96 has called in question the constitutional validity of section 2(7) of the ..... of religious and charitable institutions and also the institutions under the management of the karnataka state board of wakfs from the purview of the karnataka rent control act. accordingly, the bill was moved in the state legislature and the same was passed as act no. 32 of 1994 which came into effect from 18.5.1994. it .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3583
..... terms of compromise. parties to bear their own costs.'7. it is no doubt true that section 21 of the karnataka rent control act requires that the grounds of eviction mentioned in section 21 of the karnataka rent control act must be established to the satisfaction of the court below. it does not mean that an eviction case filed under ..... the district judge, chitradurga, with c.r.p. 40 of 1981 under section 50 of the karnataka rent control act. on 2-12-1983, the landlord -decree-holder as well as the tenant judgment-debtor filed a compromise petition under order 23 rule 3 of the code ..... cause notice contemplated by section 29 was issued to the judgment-debtor. he failed to show the cause. hence, the order under section 29(4) of the karnataka rent control act, directing the judgment debtor tenant to put the decree-holder landlord in possession of the property, was passed. being dissatisfied by that order, the tenant approached .....
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