Court : Supreme Court of India
Reported in : 2001VIIAD(SC)97; AIR2001SC3738; JT2001(7)SC135; 2001(5)SCALE557; (2001)7SCC409
..... relating to perpetual or non-perpetual nature of lease in view of submission made on behalf of the appellant that their endeavour will be to show that the karnataka rent control act would not apply even for termination of a fixed term subsisting lease. therefore, no submissions have been made before us to show that the lease is a ..... that there cannot be any presumption in favour of perpetual lease since there should be clear and unambiguous language to infer such a lease. the provisions of the karnataka rent control act have been held to be applicable, de hors the contract of lease and, the lessor has been found to be entitled to move a petition for eviction ..... 99 years' fixed term lease under the agreement. thereafter, however, the lessors filed an application under section 21(1)(h) and 21(1)(p) of the karnataka rent control act 1961 on the ground that the premises were bonafide required by them for starting their own business.4. the lessees contested the petition on the ground that the fixed .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR2088; 2002(2)KarLJ292
..... into force by a notification dated 5-12-2001.5. section 70 of the rent act repeals the karnataka rent control act, 1961 (karnataka act no. 22 of 1961), section 70 of the rent act reads as follows.--'70. repeal and savings.--(1) the karnataka rent control act, 1961 (karnataka act no. 22 of 1961) is hereby repealed.(2) notwithstanding such repeal and subject ..... with the validity of section 2(7)(bb)(iii) and (iv) and the explanation given thereto of the karnataka rent control act, 1961 since the karnataka rent control act, 1961 has been repealed with the introduction of the karnataka rent act, 1999 which has come into force on 5-12-2001.9. in these circumstances, we decline to ..... charitable trust. however, all the appellants challenge the constitutional validity of section 2(7)(b)(iii) and (iv) and the explanation thereto of the karnataka rent control act, 1961.2. the learned single judge by an order dated 17th of december, 1997 disposed of a batch of writ petitions upholding the constitutional .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR265
..... admittedly become final.3. the defendant-landlord sued out execution in execution case no. 4529/1983 for executing the order passed under section 29(4) of the karnataka rent control act, which has become final.4. the learned counsel mr. rama rao for the plaintiff-appellant now submitted that his client had appeared on the execution side and ..... the court of the small causes, bangalore city, for eviction under section 21(1)(a) of the karnataka rent control act. an application was filed by the present defendant in the said h.r.c. case under section 29 of the karnataka rent control act on the ground that the defendant had not paid the rental arrears and had not been paying ..... rent. the small causes judge after hearing the said h.r.c. case stopped the further proceedings under section 29 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1982Kant275; ILR1982KAR1; 1982(2)KarLJ121
..... sept. 1969.14. whether the so-called tenant continued to have a right of tenancy under the provisions of the karnataka rent control act only remains to be seen. under the karnataka rent control act, the landlord does not get any right to evict the tenant from the premises immediately after the efflux of time. ..... , learned counsel for the landlord, contended that the karnataka rent control act applied only to a building and not to a vacant site. the preamble to the karnataka rent control act. reads thus :-'an act to provide for the control of rents and evictions, for the leasing of buildings, to control rates of hotels and lodging houses and for certain ..... a building as defined in clause (a);(ii) any land not used for agricultural purposes.' therefore, the separate use of 'premises, and 'building' in the karnataka rent control act has given rise to only serious arguments by the learned counsel shri t. s. ramachandra before me. it becomes clear that the word 'premises' includes building. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR851
..... family members are facing difficulties in getting possession of their houses back from their tenants after their retirement or on death under the existing provisions of the rent control act. therefore, they have requested to amend the karnataka rent control act, 1961 providing for summary termination of the tenancy of houses owned by government servants or by members of their families when they are required for self ..... are filed by the tenants. the respondent is the landlord. he is a retired official of the state government. he filed eviction petitions under section 21-c of the karnataka rent control act, 1961 ('the act' for short). the said provision was added as an amendment on 20th march 1984. the petitioners filed eviction petitions on 15th april, 1984 enclosing a certificate dated 3rd april .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1215
..... . the ground floor of the premises became vacant. thereafter, as required under the provisions of section 4 of the karnataka rent control act, 1961 (the act for short), the appellant reported the vacancy to the house rent and accommodation controller, civil area, bangalore. the appellant in w.a. no. 1702/1982 had suffered an order of eviction at ..... appeals the following questions of law arise for consideration :(1) whether the registration under explanation (3) of sub-rule (15) of rule 4(b) of karnataka rent control rules, 1961 (rules for short) essential to claim allotment of residential house under any of the preferential categories?and(2) whether a person who has registered earlier ..... .5. in order to appreciate the contentions it is necessary to set out the relevant provisions of the act and the rules. section 8 of the act prescribes the procedure to be followed by the rent controller before ordering lease of any building in favour of public authority or in favour of any other person. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2084; 1993(2)KarLJ451
..... a statutory tenant can neither be assigned nor transferred. this means that the interest of the statutory tenant in the premises in his occupation, as governed by the karnataka rent control act is a limited interest which enables the surviving spouse or any son or daughter or father or mother of a deceased tenant who had been living with the tenant ..... , in h.r.c.no. 18 of 1979 partly allowing the petition filed by the respondent under section 21 (1)(h) of the karnataka rent control act, 1961 (which will hereinafter be referred to as 'the act').2. i have heard the learned counsel for the petitioner and the learned counsel for the respondent fully and perused the records of the case ..... therefore, the interest of a sick company which is continuing in occupation of the premises as a statutory tenant by virtue of the protection conferred by the karnataka rent control act cannot be regarded as property of the company for the purpose of sub-section (1) of section 22 of the sick industrial companies .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2368; 1988(2)KarLJ296
..... the excess court fee.the question that needs consideration is whether the district judge, a revisional authority under section 50 of the rent control act, can review his order3. there is no specific power of review under the karnataka rent control act; but in j. nandanlal v. narayanswamy, : air1975kant237 , mr. dmc.j. (as he then was) has held that ..... ; the resultant position is that a revision under section 115 cpc is maintainable against a revisional order of the district judge under section 50 of the karnataka rent control act. in this case, the order challenged is an order of allowing review petition by the district judge.2. an order granting review application under rule ..... that the court has no jurisdiction to pass a decree for possession upon the extension of chapters iv and v of the karnataka rent control act. during the pendency of the appeal proceedings, the provisions of the act was extended to hospet. the decree was passed on 1-10-1983, by the trial court. the learned judge held .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR3603; 1993(3)KarLJ416
..... being used for running cinema shows and the said structure having been destroyed in a fire, they are entitled to reconstruct the building. as noticed earlier, the karnataka rent control act prohibits putting up of a new permanent structure by a tenant without the consent of the landlord. no exception is made in regard to cases where an ..... respondents 2 to 4, on the other hand, contended that syed noorulla was the tenant of the premises, that his tenancy was protected under the provisions of the karnataka rent control act even after 31.3.1990, as a statutory tenant, that this position was recognised by the order of temporary injunction granted by the city civil court in o ..... existing structure is destroyed by fire or any other cause. though there is a specific provision (section 44) in the karnataka rent control act, enabling the tenant to effect repairs and improvements in the event of the landlord failing to keep the property in good repairs, there is no provision in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR1405; 1985(1)KarLJ57
..... of the tenants in hubli-dharwar municipal corporation area which is included in schedules i, ii and iii of the karnataka act, in the normal course, the plaintiff should have initiated proceedings under the karnataka rent control act.however, by virtue of the exemption granted under ex. 43, the plaintiffs have instituted this long cause suit.4. ..... the lease by issue of a notice while maintaining a petition under the provisions of the karnataka rent control act. in the instant case, the courts below have held that the suit is tried under the provisions of the bombay rent control act. since both the parties have agreed thatthe suit is instituted before 31-12-1961, i. ..... the present appeal is concerned is, whether the notification ex. 43 issued under the provision of the bombay act would govern the proceedings instituted on 1-11-1961 after the coming into force of the karnataka rent control act. in this appeal, we are mainly concerned with this question. at this stage, it is necessary to .....
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