Court : Karnataka
Reported in : 2007(6)KarLJ631; 2007(4)KCCRSN289; 2007(6)AIRKarR186
..... thirumala setty) wherein it has bean held, as follows: (b) karnataka, rent control act (34 of 2001], section 42(6)(a)-eviction petition as 'special category landlord' - leave of court to contest - tenant already prosecuting eviction petition filed under old act - mandatory, for tenant to seek leave of court to contest proceedings which continue on enforcement of new act of 1999.the very reading of the provisions of section 42(6) of the act would indicate that unless the tenant seeks leave to contest the matter with substantial defence, the presumption that would ..... the respondent and her family members are residing in a portion of the ground floor and all other four portions are in the occupation of the tenants and the respondent is in the habit of demanding higher rent, since the revision petitioner refused to comply with the demand, therefore she has started harassing the tenants.3. ..... it is further argued that before filing the eviction petition notice came to be issued to the revision petitioner herein and the revision petitioner agreed to vacate the premises if some reasonable time was granted to him. ..... considering the fact that there was no arrears of rent payable by the revision petitioner and the trial court after considering the materials has rightly in all framed seven points ..... while extending time till 7.2.1999 the respondent herein has informed the revision petitioner herein, that the premises is required for her handicapped daughter for her bona fide use and occupation .....
Tag this Judgment!Court : Karnataka
Reported in : 2006(4)KarLJ470
..... of eviction passed under the old act has become final or conclusive on or before 31.12.2001 with regard to which, no execution petition was levied on or before 31.12.2001 and also the execution, therefore, even if the revision petition proceedings are pending before the district judge under section 50 of the karnataka rent control act, 1961, the same shall stand abated as on 31.12.2001. ..... that the l.rs of janab abdul sattar shaikh usman have filed the petition under section 21(1)(a) and (h) of the karnataka rent control act 1961 for eviction with a prayer to pass a decree in favour of them against the respondent to deliver vacant possession of the premises, payment of all rents due, under section 29. ..... the eviction petition filed by the respondents under section 21(1)(a) and (h) of the karnataka rent control act on 27.11.1997 directing the l.rs of the deceased respondent to handover the vacant possession of the petition schedule premises and to pay the arrears of rent. ..... 1/1998 of the karnataka rent control act, 1961, read with section 151 of the code ..... fact that the petitioners being the l.rs of janab abdul sattar shaikh usman filed an eviction petition under section 21(a) and (h) of the karnataka rent control act, 1961. ..... petition filed by the petitioners does not disclose that whether there is any incorrect or illegal findings towards the evidence placed on record by the trial court in passing the order of eviction under section 21(a) and (h) of the karnataka rent control act. .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(5)KarLJ377
..... the revisional court was of this view for the reason that the karnataka rent control act, 1961 stood repealed as from 31-12-2001 and was replaced by karnataka rent act, 1999 (hereinafter referred to as '1999 act' for short) and in terms of the provisions of section 70(2)(c) of the 1999 act, such revision petitions being pending proceedings in respect of the premises to which the 1999 act did not apply, the proceedings abate in terms of this provision and accordingly the order was passed.5. ..... 37436 of 2003, petitioners are all tenants in the premises located in different places wherein the provisions of the karnataka rent control act, 1961 (hereinafter referred to as '1961 act' for short) was applicable and the respective landlords had initiated proceedings under this act for eviction of these tenants invoking the different provisos to section 21(1) of the 1961 act.2. ..... . the full bench of this court had an occasion to examine the effect of deletion of section 50 of the 1961 act which provided for a revision to the high court in respect of an order passed in appeal by the district court as the appellate court over the eviction orders passed by the rent control courts .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR2728; 2003(1)KarLJ283
..... this revision under section 50(1) of the karnataka rent control act, 1961 is preferred against the order dated 11th june, 2001 passed by the court below dismissing the petition filed under section 21(1)(h) and (d) of the karnataka rent control act, ..... by karnataka act 34 of 2001, a new legislation to replace the karnataka rent control act, 1961 was brought on ..... filed by the petitioner-landlord for eviction of the tenant is allowed under section 27(2)(r) of the karnataka rent act, 1999. ..... legislation which is called the karnataka rent act, 1999 has come into force with effect from 31st december, 2001. ..... in the result, for the reasons stated above, this revision petition is allowed setting aside the order dated 11-6-2001 passed by the learned v additional small causes judge, bangalore, in ..... --for the purposes of this clause and sections 28 to 31 an occupation by the landlord of any part of a building of which any premises let out by him forms a part shall not disentitle him to recover possession of such premises'.reading clause (r) of sub-section (2) of section 27 harmoniously with the explanations i and n the intention of the legislature to do away with the requirement by the landlord of proving the need of the premises for his bona fide use and occupation ..... petitioner would be entitled to an order for recovery of possession under section 27(2)(r) of the act.6. ..... section 27(r) of the act deals with the requirement of the premises by the landlord for his occupation or occupation of any member of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR1460; 2002(2)KarLJ159
..... a memo was filed by the counsel for the landlord contending that in view of the repealing of the old karnataka rent control act one has to look into section 70(2) of the karnataka rent act, 1999, which is a savings clause in the new act. ..... by virtue of section 70(2)(b) read with section 2(3)(g) of the karnataka rent act of 1999, the act is not applicable to these matters. ..... sub-section (3) of section 70 reads as under:'except as otherwise provided in section 69 and in sub-section (2) of this section, provisions of section 6 of the karnataka general clauses act, 1899 (karnataka act iii of 1899), shall so far as may be applicable in respect of repeal of the said enactment and sections 8 and 24 of the said act shall be applicable as if the said enactment had been repealed'.this also makes it clear that general clauses act do not apply to these petitions.12. ..... during the pendency of these two revision petitions, the karnataka rent act, 1999 i.e. ..... , karnataka act 34 of 2001 has come into force with effect from 31-12-2001.4. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR5202; 2006(5)KarLJ495
..... of the case leading to the filing of the revision petition may be stated as under:the respondent/land lord filed la-1 under section 29(1) of the karnataka rent control act, 1961 in hrc no. ..... 11.7.2005, the learned district judge, even without registering the revision petition, rejected the revision petition, as not maintainable, on the ground that the petitioner/tenant did not comply with section 45 of the karnataka rent act, 1999. ..... the provisions of the karnataka rent act in question are not ..... /2005 on the file of district judge, davangere, is set aside and the matter is remitted back to the learned district judge, with a direction to register the revision petition and dispose of the same in accordance with law, on merits.the parties are directed to appear before the learned district judge, for further proceedings, without notice, ..... since the tenant did not deposit the arrears of rent along with the revision petition, which was filed on 3.6.2005, it ..... tenant's revision petition filed under section 115 of the code of civil procedure, challenging the order dated 11.7.2005 made in un-numbered revision petition ..... the recent decision of the apex court, the learned district judge was not justified in dismissing the revision petition as not maintainable on the ground that the arrears of rent was not deposited, when the revision petition was presented.9. ..... 9/2001 on the file of principal civil judge (junior division) at davangere, seeking direction to the tenant to deposit the arrears of rent in a .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(1)KarLJ255
..... 1576 of 1997 allowing the application filed by respondents-landlords under section 29(4) of the karnataka rent control act, 1961 ('the old act' for short) stopping all further proceedings in h.r.c. no. ..... after coming into force of the karnataka rent act, 1999 ('the act' for short), it is mandatory for the tenant who prefers a revision under section 46 against any order made by a court subordinate to this court under the provisions of the act or the old act to deposit all arrears of rent at the time of preferring the revision. ..... whom an application for eviction has been made by a landlord under section 27, shall be entitled to contest the application before the court under that section or to prefer or prosecute a revision petition under section 46 against an order made by the court on application under section 27 unless he has paid or pays to the landlord or deposits with the court or the district judge or the high court, as the case may be, all arrears of rent and other charges due in respect of the premises upto the ..... the petitioner-tenant has filed the revision petition being aggrieved by the order dated 19th february, 2001 passed in h.r.c. no. ..... the revision came to be admitted on 29-6-2001.4. .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(3)KarLJ573
..... , that the revision filed by the respondent in the year 2001 challenging the adverse finding recorded by the trial court in the year 1990 under section 21(1)(p) of the karnataka rent control act, 1961 was hopelessly time-barred and that the lower court ought to have upheld this bar and dismissed the petition at its very inception. ..... the second plea that has been canvassed by the petitioner's learned advocate arises out of the unholy confusion that has been created by the legislature by putting in the provision in section 70 of the karnataka rent act, 1999 that in respect of pending proceedings, they will have to be disposed off under the provisions of the new act. ..... i need to clarify here that there are several distinguishing features, the first of them being that the supreme court was dealing with a statutory provision under section 211 of the bombay land revenue act and one of the predominant reasons as stated by the supreme court why the principle was laid down was because the respondent would be adversely affected if the authorities were to be given a blank jurisdiction to exercise revisional ..... obviously it then came to the notice of the respondent or his advocates that the adverse finding under section 21(l)(p) which had been recorded by the trial court and ought to have been technically challenged, had not been done and it was more in the nature of a corrective that the revision was filed, which would have made a difference. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR190
..... 15/ 2001 under section 29(4) of the karnataka rent control act, 1961 which corresponds to section 45(4) of the new rent act i.e. ..... date of payment or deposits and continues to pay or to deposit any rent which may subsequently become due ..... learned counsel for the petitioner submitted that the impugned order is without jurisdiction as section 45 of the new rent act does not apply to a revision petition preferred or prosecuted by the landlord. ..... whom an application for eviction has been made by a landlord under section 27, shall be entitled to contest the application before the court under that section or to prefer or prosecute a revision petition under section 46 against an order made by the court on application under section 27 unless he has paid or pays to the landlord or deposits with the court or the district judge or the high court, as the case may be, all arrears of rent and other charges due in respect of the premises upto the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR3485; 2008(6)KLJ420; 2008(43)AIRKarR523; AIR2008NOC2321
..... is a revision petition under section 115 of the code of civil procedure, by the tenant, now represented by his legal heirs, who had suffered an eviction order in the eviction petition instituted against him by the respondent landlord in hrc no 38 of 1996, on the file of the additional civil judge (jr dn) & jmfc, bellary, in terms of the order dated 20-11-2000, and had been directed to vacate the premises and hand over vacant possession under the provisions of section 21(1)(h) and 21(1)(k) of the karnataka rent control act ..... the record indicates that an application under order 22 rule 3 r/w rule 30 of the karnataka rent control rules 1961 was filed on 1.3.2001. ..... even if the court did not order this application immediately but the order was passed on 17.8.2004, it should be accepted that this order relates back to the application filed on 1.3.2001 and therefore the applicants acquire the right to continue the proceedings and it should be taken that the legal heirs can prosecute the proceedings from the day after the original tenant died, and in .....
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