Court : Karnataka
Reported in : ILR1991KAR2848
..... c.95/74 on the file of the munsiff, mangalore and obtained an order of eviction under section 21(1)(a) and (h) of the karnataka rent control act. subsequent to the obtaining of order of eviction, the possession of the premises was also recovered from the said tenant by the plaintiff. after having ..... a' schedule premises under section 10a of the karnataka rent control act, 1961 (hereinafter referred to as the 'act') and the direction of the rent controller issued in discharging his official duty as rent controller. thus the relief sought for by the plaintiff is with reference to the acts done by the rent controller in the discharge of the official duties and ..... time and ultimately an order was passed against the plaintiff and also the said suresh under section 10a of the karnataka rent control act. the plaintiff has contended that the action of the rent controller in initiating the proceedings are violative of principles of natural justice. the action of the defendant is clearly illegal and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2049; 2004(3)ALD12(SC); 98(2004)CLT318(SC); 2004(2)CTC364; 2004(2)KLT130(SC); 2004(3)SCALE535; (2004)5SCC241
..... other hand, this court in kempaiah v. lingaiah and ors. : (2001)8scc718 held that the revisional powers of the high court, under the karnataka rent control act, are wider than the powers conferred upon it under section 115 of the code of civil procedure and the high court is not precluded to appreciate ..... j. 1. the matter arises under the karnataka rent control act, 1961. the unsuccessful tenants are the appellants in these appeals. the respondent/landlord filed rent control petitions before the court of small causes against the appellants, inter alia, under the provisions of section 21(h) and (j) of the karnataka rent control act. the court of small causes dismissed the petitions ..... the evidence for arriving at the conclusion regarding the bona fide requirement etc. we have already extracted section 50 of the rent control act. the said section is widely couched. the high court while exercising jurisdiction under section 50 may at any time call for and examine any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(51)BLJR705; 2003(1)CTC557; JT2003(2)SC213; 2004(7)KarLJ1; 2003(2)SCALE124; (2003)4SCC86; [2003]1SCR1212
..... for some time, but later on vacated the same. in terms of the provisions of the karnataka rent control act, in the event a tenanted premises falls vacant, the rent controller may allow the same to other person. sections 4 and 5 of the karnataka rent control act, 1961 read thus:' intimation of vacancy by landlords.--(1) every landlord shall, within fifteen days ..... of his position as a tenant as also a practicing advocate. the learned counsel pointed out that in view of the provisions of the karnataka rent control act, as it then prevailed, the rent controller had the absolute jurisdiction to induct a tenant as and when a tenanted premise is vacated. it was pointed out that plaintiff no. 1 ..... been rendered to the effect that in the event a landlord requires the premises for the purpose of selling the same, sections 4 to 5 of the karnataka rent control act would not apply. the plaintiff no. 1 in his deposition stated:'...through ex.d.42 i have not given advice to the defendant as suggested by .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR821
..... klj 313. referring to the similar averments that the suit was based upon collusion with a view to preventing the execution of the decree obtained under the karnataka rent control act and the scope of the provisions of order 39 rules 1 and 2 c.p.c., vis-a-vis jurisdiction of the civil court in granting temporary ..... then was, referring to the scope of section 151 c.p.c., and the jurisdiction of the civil court, held as follows:-'the court constituted under the karnataka rent control act is a court of exclusive jurisdiction. it is not a court subordinate to the civil court and hence a civil court dealing with a partition suit has no ..... collusion with defendant-1 to harass and dispossess him from the suit schedule premises, that his possession is protected under the karnataka rent control act, (the act for short) and that he cannot be evicted arbitrarily without recourse to the act.7. in the written statement filed by defendant-1 landlord, it is clearly mentioned that it was defendant-2 s .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR794; 1991(1)KarLJ435
..... 1981 are the prayers of the petitioners in this writ petition. quashing of notice dated 26-9-1980 which is a notice under section 10-a(1) of the karnataka rent control act, 1961, and an order of restraint against the respondents, their servants and agents from interfering with the possession of the petitioners in respect of premises no. 72, ..... which they secured under an order of eviction passed by the court in favour of the 2nd petitioner under section 21(1)(h) of the karnataka rent control act, 1961 (hereinafter referred to as 'the act'). it is stated that there was no obligation in law to notify vacancy before the petitioners occupied the premises as they were in lawful ..... similarly the eastern portion also. it appears on the introduction of part v-a to the karnataka rent control act, a declaration was filed under section 31-b of the act and the occupation of the tenant was regularised under section 31-c of the act.5. on 12-12-1978, an agreement of sale was executed between the power of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1990Kant284; ILR1990KAR508; 1990(1)KarLJ277
..... on an order of regularisation being passed under sub-section (1) of s.31-c the tenant shall be deemed to be an allottee under s. 5 of the karnataka rent control act. sub-section(3) of sec. 31-c reads thus :--'(3) the provisions of sub-section (3) of s. 4 and s. 10a shall not apply when ..... to report vacancy under s. 4 of his own building because he secures possession through the prescribed authority (rent controller). obviously in ordering eviction the rent controller has usurped the powers of the court under s. 21 of the karnataka rent control act. he has directed the tenant to hand over possession to the landlord who in turn is directed to report ..... as having not contravened the provisions of sec. 4. further, the tenant, after regularisation cannot be proceeded with under s. 10-a of the karnataka rent control act i.e., eviction by the controller of an occupant in contravention of sec. 4. thus by regularisation the landlord and tenant are the beneficiaries and both stand to gain for getting .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR2379; 1992(3)KarLJ24
..... osman khan road, s.j.p. road cross, bangalore. it is a non-residential premises. landlord obtained possession of this premises under section 21(1) (h) of the karnataka rent control act on 30th june 1987.2.1. the case of the respondents is that after obtaining possession of the premises the landlord did not occupy and he allowed it to remain ..... during two months from the date of taking possession of the premises pursuant to the order of eviction passed under section 21(1)(h) of the karnataka rent control act (hereinafter referred to as the act). he also further held that the premises was also vacant at the time when he made inspection of the premises on 2-2-1990 and ..... occupation of the landlord, are well founded.6. even in the case of notifying the vacancy suo motu by the rent controller on the information received by him under section 5 of the act, it is incumbent upon the rent controller to put to the landlord whatever the evidence or the material he had collected and the basis on which he .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR5185; 2009(2)KCCR1037; 2009(1)AIRKarR121
..... temple trust. the said nageshwara temple trust had filed h.r.c. no. 1402/1990 under section 21(1)(f) and (o) of the karnataka rent control act against the petitioner, interalia, alleging that the petitioner herein had sublet the premises, the said hrc came to be dismissed with an observation that, the ..... commercial building having an area not exceeding 14 square meters, were only protected. under the karnataka rent control act, larger protection and control was provided to the tenants. the landlord's right is to seek eviction was restricted. however, the karnataka rent act liberalized the rights of the landlords, the protection of the tenants from eviction was also ..... in this regard, the trial court referred to the definitions of section 3(h) and (r) of the karnataka rent control act and held that, the definition of 'landlord' appeared in section 3 clause (h) of the rent control act did include the sub-tenant. however, the word 'tenant of sub-tenant' is omitted in the definition of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3410; 1995(5)KarLJ436
..... heard sri r.b. sadashivappa, counsel for petitioner and shri ashok b. patil, counsel for applicant and applied my mind to their respective contentions.2.a, section 50 of the karnataka rent control act confers revisional power on the high court and those powers are very clear as circumscribed by the conditions mentioned therein. section 50(1) reads as follows:-'the high court may ..... range, bangalore, rejecting the petitioners-applicants' application under section 151 of the code of civil procedure in a proceedings under section 14 of the karnataka rent control act (hereinafter referred to as act 22/61) for fixation of fair rent. the petitioners-applicants moved an application to the effect that under the orders of this court in revision nos. 389 and 613/94, the tenants had .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR4050
..... sole ground that the karnataka rent control act was not operative in so far as the premises belonging to the company were concerned and therefore the rent controller had no jurisdiction to decide the fair rent under section 14 of the karnataka rent control act. the crux of the argument was that the premises owned by the company were covered ..... its tenants in respect of non-residential premises owned by the company. some of the tenants agreed to pay the rents and some did not. those of them who did not, approached the rent controller under section 14 of the karnataka rent control act for fixation of fair rent for the premises occupied by them. the bharat gold mines ltd., a petitioner in this petition resisted on the .....
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