Court : Karnataka
Reported in : ILR1991KAR3648; 1992(1)KarLJ195
..... 'the munsiff' or 'the trial court') against the respondents seeking their eviction under clause (h) of the proviso to sub-section (1) of section 21 of the karnataka rent control act, 1961 (for short 'the act1) from eviction petition, schedule house-cum-landed property situate near the munsiff's court, karkala and described in the eviction petition schedule 'a ..... ordinarily interfere with a finding of fact recorded by the original court in similar circumstances. with particular reference to section 12b of the madras buildings (lease & rent control) act of 1949, i should add that the power of revision under it is wider than the power conferred under section 115 of the c.p.c. and ..... the case of m/s. sri raja lakshmi dyeing works case by observing that the revisional powers conferred under section 25 of the tamil nadu buildings (lease & rent control) act, 1960 may not be as narrow as the revisional powers of the high court under section 115 cpc but in the words of untwalia, j. in dattonpant .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3260; 1995(4)KarLJ293
..... is in continuation of the suit and when appeal, filed by tenant was pending, the amending act i.e., act no. 17 of 1983 came into operation, and thereby act no. 22 of 1961 i.e., karnataka rent control act, 1961 and section 21 of the act became applicable. so the lower appellate court could not have confirmed the decree passed by the ..... no jurisdiction to decree the claim of the respondent, as the building and area is covered by karnataka rent control act and by section 21 of the act. it is also profitable to mention that as per sub-section (2) of section 1 of karnataka act no. 17/83, it has been provided that it shall be deemed to have come into ..... 31st december, 1982 and according to it, it has been deemed to have come into force on that day, though act no. 17/83 got the assent of the president on 15th july, 1983. section 21 of the karnataka rent control act, 1961 particularly sub-section (1) reads hereunder:-'21. protection of tenants against eviction:- (1) not withstanding anything to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR4013
..... was formerly known as 'state of mysore' the first legislation which was known the mysore house and rent & accommodation control order, 1948, which was followed by the mysore rent and accommodation control act, 1951. it was amended by mysore act xxii of 1954. thereafter, the karnataka rent control act, 1961 came to be enacted and came into force with effect from 31-12-1961. it underwent several amendments from 1969 ..... orderkedambady jagannatha shetty, j. 1. the petitioners have filed these two writ petitions for an order declaring section 21(1)(l) of the karnataka rent control act, 1961 (hereinafter referred to as the 'act') as ultravires of article 14 of the constitution of india as it vividly discriminates the class of tenants, who come under clause (i) with those tenants, who come under clause ( .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KarLJ105; 2009(2)KCCR991; 2009(2)AIRKarR76; AIR2009NOC1284(D.B)
..... premises having a plinth area of not exceeding 14 sq. mts. used for commercial purposes).12. section 70 of the new rent act is relating to the repeals and savings. it reads as follows: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 provisions of section 69:(a)....(b)....(c ..... court, for decree of ejectment and mesne profits against defendant. defendant contested the suit by filing the written statement inter alia contending that, it is a tenant protected under the karnataka rent control act, 1961 ('krc act, 1961', for short) and therefore, the suit is not maintainable; that there was no proper termination of tenancy; that in view of the continued acceptance of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR3043; 1999(6)KarLJ558
..... v khaleeq ahmed. a similar question came up for consideration viz., 'whether in the absence of specific provisions under the rent control act, the court of small causes exercising its power under the karnataka rent control act, in respect of premises situated in bangalore city has the power to execute its orders of eviction. answering in the affirmative ..... as stated, arises from an 'execution proceedings' of an eviction order passed by the judge of the small causes in exercise of his powers under karnataka rent control act of a premises situated in bangalore city. the eviction of tenants of all premises excepting non-residential one, the rental value of which is less than ..... the judge of the small causes, bangalore city on an application of the appellant raising obstruction to the execution of an eviction order passed under the karnataka rent control act.6. one late smt. savitramma, owner of a premises bearing no. 75, situated at bangalore south taluk which consists of a residential and non- .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR2304; 2003(3)KarLJ505
..... held that the supreme court has laid down a proposition that all suits and proceedings pending at the commencement of the new act (karnataka rent act, 1999) will have to be continued and dealt in accordance with the provisions of the old act (karnataka rent control act, 1961). but, the supreme court did not lay down any such general proposition nor does the observations of the supreme court, support ..... the tenants (the l.rs of a. rajagopal who was running mercury press in the petition schedule premises) under section 21(1) proviso (h) of the karnataka rent control act, 1961 (for short, the 'old hrc act' or 'old act'). the petition schedule premises is a non-residential premises, measuring more than 14 sq. nits. the said petition was allowed by order dated 17-11-2001 .....
Tag this Judgment!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. .....
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