Court : Karnataka
Reported in : AIR2008Kar159; 2008(3)KCCR1809; 2008(4)AIRKarR145; 2008AIHC2902(Kar).
..... would further aver that the defendants had initiated proceedings in hrc 73/1989 on the file of the ii additional munsiff, hubli under section 19 of the karnataka rent control act, 1961. according to the plaintiffs in the said proceedings, the defendants admitted the ownership of the plaintiffs.3. the learned trial judge allowed the petition and ..... stands.11. in the case on hand, it is to be noticed that the 2nd defendant representing the firm had initiated proceedings under section 19 of the karnataka rent control act. the said proceeding is marked as ex. p4 during trial. it is useful to extract the pleadings in the said proceedings:that the above named petitioner ..... to mistake, misrepresentation, fraud or ignorance.16. in the case on hand, it is to be noticed that the defendant had initiated rent control proceedings under section 19 of the karnataka rent control act, 1961 wherein he had admitted ownership/title of the plaintiff and he wanted an order from the court as to in whose favour the .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(1)KarLJ88
..... been extracted. it is useful to extract paragraph 3 of the affidavit, which reads as under:'i submit that on the application made by me in the house rent control proceedings under section 29 of the karnataka rent control act, on detailed enquiry, the trail court was pleased to allow my application by giving a direction to the petitioner 1/tenant to pay the ..... order1. this is respondent-tenants' revision petition filed under section 50(1) of the karnataka rent control act, 1961 (hereinafter referred to as 'the act'), questioning the correctness of the order dated 20th of january, 1997 made in h.r.c. no. 966 of 1992 by the court of vi additional small ..... rents. at that time the petitioner 2-mr. kashinath tendered the rents in the court below. the trial court vide its order dated 26-8-1993 was pleased to direct .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALT484
..... however a learned judge of this court in the light of the view expressed by the apex court in decision (2) supra in relation to the provisions of the karnataka rent control act, in subsequent decision in (1) supra had arrived at a conclusion, where a suit was filed in gujarat state for declaration that there was no marriage between the plaintiff ..... nadar : air1973mad476 in this regard may be usefully referred to while deciding the applicability of section 10 of the code. in relation to a pending suit and a pending rent control proceeding, this court had negatived the relief in g. bhavani sankar v. b. rajeswara rao 1996 (6) alt 374 and also in yet another decision in m. ..... cases, the decisions in p.p. gupta v. east asiatic co. : air1960all184 , anandan gupta v. navin agarwal : air1984all387 and venkatesha prabhu v. thejappa air 1982 karnataka 319 may be referred to. no doubt contra view was expressed in mugli v. khaliq dar air 1979 jammu and kashmir 84.10. be that as it may this is .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR2774; 1996(3)KarLJ715
..... the high court in respect of the property situated in pandav village to which the provisions of the karnataka rent control act 1961, were made applicable by amending karnataka act 17 of 1983 on 18th july 1983 through the karnataka rent control act was not applicable to the pandava village when the suit was instituted in the munsiff court. the ..... is without any basis. it is submitted that under the karnataka rent control act, no new right is created and the landlord's right to act under the general law or rent control act is not affected.4. it is not disputed that the provisions of the karnataka rent control act, 1961 were made applicable to basavakalyana town in the year ..... lease agreement ex.p,1 and there is no dispute about the applicability of the karnataka rent control act, 1961 to basavakalyanaa town in which the disputed property is situated in the year 1984, by amendment of the karnataka rent control act by act 17 of 1983, and the civil court could not have proceeded to pass a decree .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR3980; 1999(3)KarLJ134
..... % and 25% of the 'rateable value' thereof. 13. it is not in dispute that the building in question is situate in bangalore city and is subject to the rent control provisions under the karnataka rent control act. as to what would be fair assessment of the 'rateable value' of the building which may be fixed by corporation or local authority for the purpose of assessment to ..... submitted by learned counsel for petitioners that in each of these cases, at the instance of petitioners, fair rent in respect of each portion of the building in the ownership of the petitioners had been got assessed and fixed by the rent controller under the karnataka rent control act and that it provides the sound and safe basis for the respondent-corporation authorities to arrive at the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR533; 1995(6)KarLJ577
..... the respondent - tenant under section 14 of the act after the issue of notice by the petitioner demanding payment of arrears of rent before the accommodation controller has no bearing on the proceedings pending before the trial court. he submitted ..... it is not in dispute that the agreed rent is rs. 8,000/- per month.5. sri y.k. narayana sharma, learned counsel for the petitioner submitted that the petitioner - landlord has instituted the eviction petition under the provisions of section 21(1)(a) and 21(1)(h) of the karnataka rent control act, 1961, ('act' for short) and the application filed by ..... in its order has allowed the application filed by the tenant purporting to be under section 151 of c.p.c. read with rule 35, of the karnataka rent control rules staying all further proceedings in the aforesaid case till the disposal of f.r.5/92 on the file of the house .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant202; 1984(2)KarLJ63
..... if the landlord even prove-, that his requirement is reasonable and bona fide. he has to further satisfy the court on the aspect of comparative hardship. 24. section 210), karnataka rent control act reads : 'no decree for eviction shall be passed on the ground specified in cf. (h) of the proviso to sub-section (1) if the court is satisfied that ..... judgment and order of the trial court and decreed the petition of the landlord for eviction of the tenant under clause (h) of the proviso to section 21(l), karnataka rent control act. the order of dismissal by the learned munsiff under c1. (a) was not challenged before the learned district judge. aggrieved by the said judgment and order, the tenant ..... mangalore in hrc no. 212/1976, on his file. he sought eviction of the tenant linder cls. (a) and (h) of the proviso to s. 21(l), karnataka rent control act, 1961. he averred that the respondent in the petition was a tenant under him on a monthly rental of rs. 15/- and it was formerly used by him as a .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR3281
..... jmfc, chintamani, directing issue of process to the petitioners who were accused nos. 1 and 2 for offences under sections 43(5) and (6) of the karnataka rent control act, 1961 (for short 'the act') and also for an offence under section 193 i.p.c. against the 2nd petitioner.2. the matter arises in this way :the respondent (who will ..... took action in issuing the process against the accused upon a complaint filed by the complainant. it is provided under section 51 (a) of the act that the controller or any other officer authorised by the state government in this behalf may prosecute any person for contravention of any of the provisions of the ..... state government may authorise any other officer to discharge the functions under section 51 (a) if, as contended by sri shastry, there was no controller exercising jurisdiction under the provisions of the act respecting chintamani town, it was open to the complainant, if he so desired, to approach the government and get any other officer authorised, to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1439; [1992]75CompCas440(SC); (1992)2CompLJ121(SC); JT1992(3)SC98; 1992(1)SCALE947; (1992)3SCC1; [1992]2SCR999; 1992(2)LC257(SC)
..... protection of the heirs on the death of the tenant. 14. in the instant case, we are concerned with the right of the tenant as governed by the karnataka rent control act. in clause (r) of section 3, the expression 'tenant' has been defined to include 'the surviving spouse or any son or daughter or father or mother ..... proceedings for eviction of the appellant company were pending and the appellant company was in occupation of the premises only as a statutory tenant governed by the provisions of the karnataka rent control act. in smt. gian devi anand v. jeevan kumar and ors. : 1984crilj1438 , this court has laid down that the termination of a contractual tenancy does not ..... the learned single judge of the kamataka high court dated march 15, 1991 dismissing the revision petition under section 50(1) of karnataka rent control act. for the reasons aforementioned section 22(1) of the act cannot be invoked to assail the said order of the high court on the ground that on the date of passing of the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2007Kant46(DB); ILR2006KAR4584; 2007(1)KarLJ378; 2007(1)KCCR125; 2007(1)AIRKarR296
..... profits till he delivers possession or he is required to pay the damages for the period after the repeal of the karnataka rent control act? the karnataka rent control act is repealed by virtue of the karnataka rent act, which came into force on 31.12.2001. no doubt till 31.12.2001, the appellant continued to be ..... messrs moca v. morzaria products (p) limited and submitted that section 31 of the karnataka rent control act only bars the landlords from seeking eviction under the provisions of the karnataka rent control act, but the other provisions of the karnataka rent control act were applicable and the tenant is not liable to pay mesne profits or the damages.16 ..... counsel for the appellant nextly submitted, that the appellant being a tenant holding over, he is protected under the provisions of the karnataka rent control act. section 31 of the karnataka rent control act only provided for eviction of the appellant and his status as a tenant otherwise continues. in this regard, he relied on a .....
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