Court : Karnataka
Reported in : ILR1991KAR660; 1990(2)KarLJ332
..... -point of either the landlord or the other applicants. i am afraid that this is not the way jurisdiction under section 8 of the rent control act has got to be exercised. while i do not expect the rent controller to write a highly reasoned or detailed order, it would be well within my right to' point out that the ..... been set out, tt becomes prima facie the duty of the deputy commissioner to investigate into the tenability of the complaint and not just to applaud the acts of the rent controller who had passed the impugned order. the manner in which the deputy commissioner nas gone about these proceedings is not merely untenable but is totally indefensible. ..... order is impugned before the appellate authority, to say the least, is most repugnant and pugnacious to all right thinking minds. the act provides only one appeal against: the order of the rent controller and that is to the deputy commissioner unless it be the party aggrieved can move this court under article 226 of the constitution. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR940
..... 24-1-1978. it is necessary to mention that the said application was rejected on the ground that the earlier application having been rejected, section 45 of the rent, control act was a bar and therefore the tenant could not maintain this application. thereafter, the tenant had filed another application in hrc fr 27 of 1981, on 23- ..... 8-1976, on the ground that five years had not elapsed from the date of construction and therefore provisions of part ii of the rent control act were net applicable and the provisions for fixation of fair rent were not attracted. against this order, the tenant had filed w.p.no. 10605/1975. the said writ petition was dismissed on ..... .4. it is not possible to accept mr. ron's first contention. section 45 of the rent control act reads thus:'decisions which have become final not to be re-opened.-the court or the controller shall summarily reject any application under this act which raises, between the same parties or between parties under whom they or any of them claim, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1989(1)SC229; 1989(1)SCALE325; (1989)1SCC667; [1989]1SCR577; 1989(1)LC599(SC)
..... the building was bona fide required by him for the immediate demolition and reconstruction as contemplated under section 21(1)(j) of the karnataka rent act, 1961 (hereinafter referred to as 'the karnataka rent act'). in the eviction petition against the appellant, respondent no. 2 specifically stated that the appellant might occupy the premises corresponding to the ..... applications were rejected. the appellant and one other tenant filed memoranda consenting to a decree being passed in pursuance of section 21(1)(j) of the karnataka rent act. pursuant to the memorandum filed by the appellant, wherein it was stated that the key was also handed over to the landlord, the court passed ..... an order allowing the eviction petition against the appellant under section 21(1)(j) of. the karnataka rent act. after the reconstruction of the building was commenced, the appellant gave a notice to respondent no. 1 of his intention to occupy the corresponding shop .....
Tag this Judgment!Court : Karnataka
Reported in : 2001(3)KarLJ394
..... language of the statute which instead of advancing the object of the act may result in its frustration. the rent acts have primarily been enacted to give protection to the tenants. the history of the legislation regarding rent controls in the country would show that the rent acts were enacted to overcome the difficulties arising out of the scarcity of ..... court of law.11. in this connection let me refer to a recent judgment in liaq ahmed v habeeb-ur-rehman, the supreme court has ruled:'rent control legislation have been acknowledged to be pieces of social legislation which seek to strike a just balance between the rights of the landlord and the requirements of ..... for which the legislation was made. it should be kept in mind that the rent acts undoubtedly lean morein favour of the tenants for whose benefits they were essentially passed. the rational approach in interpreting the law relating to the control of rents is expected from the courts dealing with the cases under the statutes relating to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3007
..... eastern non-residential premises ?(iv) whether the decree sought to be executed was in violation of the rent control act and thus was a nullity and thus the execution petition was incompetent ?10. under section 21 of the rent control act (for short 'the act'), the landlord is entitled to file an application for possession of the property on the ground that ..... it is bona fide and reasonably required for the purpose of immediate demolition and re-construction. the law in its wisdom by incorporating sections 26 to 28 of the act, provided that in ..... the revision is therefore dismissed.17. learned counsel sri u. l. narayana rao submitted that his client was entitled to get proper return by way of rent for the two shop premises as she has spent good deal of money over the reconstruction. she is at liberty to approach the necessary forum for fixation of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR4069; 1990(3)KarLJ145
..... also pointed out that on several occasions the petitioner has been committing default and earlier he was in arrears of rent since about the year 1983 and his conduct throughout does not require any sympathetic consideration.2. in i.l.r 1990 karnataka 2269, subhakar vs lakshamma this court stated that once a determination is made under section 29(2), thereafter, ..... 29(4). as and when the tenant makes the deposit and if there is a delay, the showing cause should be a part of the action in depositing the rent. this court did not state that the tenant is not entitled to show cause against an action under section 29(4). one cannot say what situations will arise in ..... the reasons for the defaults; the cause against stoppage of proceedings was shown as part of and incidental to the process of depositing the rents.3. admittedly, in this case the tenant is a flower vendor. the rent is only rs. 15/- per month. this explanation is that his wife was seriously ill and he could not deposit the amount of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR2022; 2000(4)KarLJ150
..... gupta, their lordships of the supreme court have held that the landlord who retired from government service filed an application under section 14-c of the delhi rent control act for eviction. in that case, during its pendency the landlord secured possession of another premises. their lordships remanded the matter for fresh consideration on the question of ..... the petition is a mala fide one and it is merely an attempt to secure enhancement of rent or possession of the premises to let it out to others for higher rent. under section 21-b of the krc act, the petitioner has to produce necessary certificates from the prescribed authority. since the petitioner failed to ..... heed to his demands to pay enhanced rent the respondent/landlord filed this petition. there is no bona fide and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR670
..... no doubt stands to gain, but the legislation is not meant for him alone. it is a social welfare legislation to control the rents and evictions. it has to be interpreted keeping in view the interests of landlord and tenant. the act does not provide for granting of time. it stops at the passing of eviction decree granting of time is a judge ..... , vellore.tenant is an ophthalmologist, who has an 'eye clinic' is the schedule promises. originally he had taken two rooms, as his surrendered one of them he has been paying rent of rs. 200/- per month.the owners having decided to resign their respective jobs at vellora (tamil nadu) and start private practice in their home town, initiated proceedings for eviction .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR772; 1987(1)KarLJ103
..... that the landlords after obtaining possession have failed to occupy the premises and therefore he may be permitted to re-enter the premises under section 25 of the rent control act. the case of the landlords was that they have been in possession of the premises and one of their friends is residing there. the court appointed a ..... country and start nursing home. however it was maintained by mr. jayaprakash that pw-1 has clearly stated that after 'obtaining possession, the premises is under their control. it was contended by mr. jayaprakash that in such circumstances, the word 'occupation' must receive the same interpretation as is explained by the supreme court in babu ..... occupied' in section 25 must receive like interpretation. therefore it is not necessary that the landlord should be in 'physical possession'. if the premises are under his control and a servant is kept to watch the premises, such an occupation would be full and complete possession, in the eye of law. in the instant case, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR1890; 1989(3)KarLJ57
..... taken, the executing court is not competent to go behind the decree, if the decree on the face of it, discloses some material on the basis of which, the rent court could be satisfied with regard to the existence of a statutory ground for eviction. in such a case it must accept and execute the decree as it stands.'similarly ..... the same has been resisted on the ground that the decree is a nullity inasmuch as the grounds urged by the landlord for seeking possession had disappeared by the very act of compromise and therefore, the decree by consent was by non-application of mind by the court to the material before it and therefore decree must be treated as ..... the facts admitted in the compromise, itself were insufficient to make out even a prima facie ground for eviction mentioned in section 12(3)(a) of the bombay rent act, merely because the tenant had made an application for fixation of standard rent, which was still pending at the time of passing of the decree. by admitting to pay the arrears of .....
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