Court : Karnataka
Reported in : ILR2002KAR4846; 2002(6)KarLJ368
..... file of xv additional small causes judge, bangalore. 2. the respondent-landlord filed the petition for eviction of the tenants under section 21(1)(f) and (j) of the karnataka rent control act, 1961 (karnataka act 22 of 1961). she put forth the case in the eviction petition that the husband of the first petitioner, one s.m.a. hameed was a tenant in a portion ..... . by virtue of clause (b) of sub-section (2) of section 70 of the act 1999 this revision is required to be considered under the provisions of the new act. the relevant provision reads as under: 'section 70. repeal and savings.--(1) the karnataka rent control act, 1961 (karnataka act 22 of 1961), is hereby repealed. (2) notwithstanding such repeal and subject to the provisionsof section 69.- (a .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4732; 2004(3)KarLJ49
..... to recover possession of the premises without the need to take recourse to section 27 of the act.2. let me first refer to the background which has given rise to this question. the karnataka rent control act, 1961 ('the repealed act' for short) provided for inheritability of tenancy by the legal representatives of the original tenant. the ..... the issue involved, i have to refer to section 70 of the present act which determines as to how the pending proceedings have to be dealt with under the present act. the provision reads:section 70 repeal and savings - (1) the karnataka rent control act, 1961 (karnataka act 22 of 1961) is hereby repealed.(2) notwithstanding such repeal and subject ..... under section 70(2)(b) that all cases and proceedings pending at the commencement of this act before the court, shall be continued and disposed off by the court in accordance with the provisions of the act. the karnataka rent control act, 1961 is repealed in toto under sub-section (1) and under section 70(2)(b) .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR2233; 1985(2)KarLJ246
..... tenant, if acquires a building suitable for carrying on such business, can avoid eviction under clause (p) of the proviso to sub-section (1) of section 21 of the karnataka rent control act, 1961 ('the act'), merely because the building so acquired is intended to be used or is used for carrying on a different business, is the question which is raised for my determination ..... a tenant's liability for eviction from a tenanted building, if he acquired a suitable building either before or after the coming into operation of part-v of the act relating to control of eviction of tenants andobligation of land lords. when a claim for eviction is made by a land lord against a tenant under clause (p) above, what is required .....
Tag this Judgment!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 .....
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