Court : Karnataka
Reported in : ILR1991KAR2848
..... the provisions similar to those contained in section 68 of the hindu religious and charitable endowments act, providing a right of suit against the order of the deputy commissioner and the commissioner passed under the said act, are not found in the karnataka rent control act, with which we are concerned. ..... " thus from the aforesaid averments, it is clear that what is challenged by the plaintiff is the initiation of the proceedings by respondent-defendant against the plaintiff in respect of suit 'a' schedule premises under section 10a of the karnataka rent control act, 1961 (hereinafter referred to as the 'act') and the direction of the rent controller issued in discharging his official duty as rent controller. ..... after the plaintiff gave the said reply to the rent controller, the proceedings before the rent controller stood adjourned from time to time and ultimately an order was passed against the plaintiff and also the said suresh under section 10a of the karnataka rent control act. ..... the said premises was leased out by the plaintiff earlier to the tenant and the plaintiff filed an eviction petition in h.r.c.95/74 on the file of the munsiff, mangalore and obtained an order of eviction under section 21(1)(a) and (h) of the karnataka rent control act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2049; 2004(3)ALD12(SC); 98(2004)CLT318(SC); 2004(2)CTC364; 2004(2)KLT130(SC); 2004(3)SCALE535; (2004)5SCC241
..... : (2001)8scc718 held that the revisional powers of the high court, under the karnataka rent control act, are wider than the powers conferred upon it under section 115 of the code of civil procedure and the high court is not precluded to appreciate the evidence for arriving at the conclusion regarding the bona fide requirement etc. ..... the respondent/landlord filed rent control petitions before the court of small causes against the appellants, inter alia, under the provisions of section 21(h) and (j) of the karnataka rent control act. ..... the matter arises under the karnataka rent control act, 1961. ..... we have already extracted section 50 of the rent control act. ..... the rejection was challenged by filing revision under section 50 of the rent control act. ..... ) speaking for the bench while dealing with the similar provision under the tamil nadu building (lease and rent control) act has observed as under:-'the building in question was located in busy business locality. ..... sub-section (1) of section 16 contemplates that permission has been granted by the rent controller under section 14(1)(b) for demolition of the building, but if such demolition is not carried out in terms of the order and undertaking, then the rent controller can order the landlord to put the tenant in possession of the building on the original terms and conditions. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(51)BLJR705; 2003(1)CTC557; JT2003(2)SC213; 2004(7)KarLJ1; 2003(2)SCALE124; (2003)4SCC86; [2003]1SCR1212
..... sections 4 and 5 of the karnataka rent control act, 1961 read thus:' intimation of vacancy by landlords. ..... agnee rodrigues nee pinto, represented by their brother and power of attorney holder claude pinto having been authorised by nos. ..... the high court formulated the following points for its consideration:(1) whether the executor has absolute powers to sell the immovable property bequeathed completely ignoring the provision made in the will dated 24-5-1972 for partition of the said property among the legatees? ..... the learned counsel supported the judgment of the high court as regards its refusal to exercise of discretionary power in terms of sections 20(2)(b) of the specific relief act, 1963. ..... having regard to the discussions made hereinbefore, we have no hesitation holding that the agreement of sale in question could not have been specifically enforced and in that view of the matter the question is as to whether the original defendant no.1 had an absolute right to dispose of the property in question in exercise of his power as an executor of the will or not takes a back seat.41. ..... 1 and 2 as per power of attorney (dated blank) and by claude pinto.31 ..... 1 to get power(s) of attorney executed by his brothers and sister in his favour the drafts whereof were also prepared by him.the draft sale deed would clearly demonstrate that the property in suit was to be executed by stanely t ..... 1 to obtain power of attorney from the other legatees so that all of them can execute the deeds of sale jointly .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR821
..... of his customers in the hotel run by him from 1971, that he has no other avocation and is entirely depending upon the hotel business for his livelihood, that his brother, defendant-2, being not in good terms with him, has been in collusion with defendant-1 to harass and dispossess him from the suit schedule premises, that his possession is protected under the karnataka rent control act, (the act for short) and that he cannot be evicted arbitrarily without recourse to the ..... anything contained in any other law, where the interest of the tenant in any premises is determined for any reason whatsoever and any order is made by the court under the act for recovery of possession of such premises, the order shall subject to the provisions of section 21, be binding on all persons who may be in occupation of the premises and vacant possession thereto shall be given to the landlord by evicting such persons therefrom, subject to the proviso that nothing in that ..... - notwithstanding anything contained in any other law, where the interest of the tenant in any premises is determined for any reason whatsoever and any order is made by the court under this act for the recovery of possession of such premises the order shall, subject to the provisions of section 21, be binding on all persons who may be in occupation of the premises and vacant possession thereof shall be given to the landlord by evicting such person therefrom. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR794; 1991(1)KarLJ435
..... quashing of notice dated 26-9-1980 which is a notice under section 10-a(1) of the karnataka rent control act, 1961, and an order of restraint against the respondents, their servants and agents from interfering with the possession of the petitioners in respect of premises no. ..... it appears on the introduction of part v-a to the karnataka rent control act, a declaration was filed under section 31-b of the act and the occupation of the tenant was regularised under section 31-c of the act.5. ..... it is stated that on 21-12-1978 there was a further understanding between the parties confirmed by a letter of that date addressed by the power of attorney holder to the petitioners that in pursuance of the agreement of sale dated 12-12-1978, the petitioners may take constructive possession from the tenant and for the purpose of eviction and recovery of rent on the ground that the petitioners required the premises for their own use and occupation. ..... on 12-12-1978, an agreement of sale was executed between the power of attorney holder and the 1st petitioner wherein the owners agreed to sell premises no. ..... through the power of attorney, some portions of the property were sold to several purchasers between 1968 and 1974. ..... in the instant case, the petitioners have claimed to be the landlords in possession by virtue of an agreement of sale executed by the power of attorney holder of respondents-3 and 4. ..... files power for respondent. ..... a power of attorney was granted to one late p.e. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1990Kant284; ILR1990KAR508; 1990(1)KarLJ277
..... karnataka rent control act for their bona fide use and ..... karnataka rent control act ..... karnataka rent control act ..... karnataka rent control act ..... karnataka rent control act ..... 8a of the karnataka rent control (amendment) rules, 1961, which is published in the karnataka gazette dated 19th ..... clear, it reads thus :--'(b) to make it compulsory for persons occupying rent controller allotted premises who own residential houses of their own in the same urban area to vacate the rented premises within a period of one year, and to correspondingly enable such persons to recover possession of their houses by a ..... period for vacation of residential building in certain cases :any person who being in occupation or possession of a residential building as a tenant on allotment by the house rent controller acquires or constructs either in his own name or in the name of any member of his family a residential building in the same city, town or village, shall vacate the building of which he is such ..... the rent controller has usurped the powers of ..... reads thus -'(p) that the tenant whether before or after the coming into operation of this part has built, or acquired vacant possession of, or been allotted, a suitable building,'on 20th august, 1976 section was amended so as to enable an allotte tenant to seek summary eviction of his tenant, through the prescribed authority i.e.. ..... ruling lays down that where an act confers a jurisdiction, it impliedly also grants the power of doing all such acts, or employing such means as are .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR2379; 1992(3)KarLJ24
..... , the rent controller preferred to rely upon the information received by him during the inspection made on 2-2-1990 and also during his second visit to the schedule premises and held that the landlord failed to prove that the premises was occupied by him during two months from the date of taking possession of the premises pursuant to the order of eviction passed under section 21(1)(h) of the karnataka rent control act (hereinafter referred to as the act). ..... obtained possession of this premises under section 21(1) (h) of the karnataka rent control act on 30th june 1987.2.1. ..... even in the case of notifying the vacancy suo motu by the rent controller on the information received by him under section 5 of the act, it is incumbent upon the rent controller to put to the landlord whatever the evidence or the material he had collected and the basis on which he has suo motu notified the vacancy, and wants to rely upon the same for the purpose of coming to the conclusion that the premises was vacant on the date the vacancy was suo motu ..... have reappreciated the evidence in a writ petition filed under articles 226 and 227 of the constitution; that the learned single judge is not correct in proceeding on the basis that the burden was placed on the landlord to prove that the premises was not vacant; that the rent controller came to the conclusion that the premises was vacant on the basis of the enquiry made by him, learned counsel placed reliance on the provisions of sections 4 and 5 of the act.5. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR5185; 2009(2)KCCR1037; 2009(1)AIRKarR121
..... the karnataka rent control act provided for control of rents and eviction, for leasing of buildings, to control rates of hotels and lodging, housing and certain other premises did include the tenant of a sub-tenant as a landlord and the only restriction imposed on rent-collectors or rent-farmers or estate managers, from seeking eviction of tenants under section 21(1)(h) of the karnataka rent control act, even though they were included in the definition of ..... regard, he also referred to section 21(1)(h) of the karnataka rent control act and submitted that, the explanation under section 21(4) specifically excludes a rent-farmer or rent-collector or estate-manager for the purpose of eviction of tenants under clause (h) of section 21(1) of the karnataka rent control act. ..... regard, the trial court referred to the definitions of section 3(h) and (r) of the karnataka rent control act and held that, the definition of 'landlord' appeared in section 3 clause (h) of the rent control act did include the sub-tenant. ..... submitted that by reading of these provisions, it is clear that, the definition of 'landlord' under section 2(e) of the act has to be read in consonance with the definition of 'tenant' under section 3(n) of the act and harmonious construction of these two provisions read with section 27 do not exclude the lessee of sub-lessee, who has power to lease the premises and submitted that, for the purpose of eviction of sub-lessee, the lessee is landlord and it cannot be read otherwise.6. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3410; 1995(5)KarLJ436
..... patil, counsel for applicant and applied my mind to their respective contentions.2.a, section 50 of the karnataka rent control act confers revisional power on the high court and those powers are very clear as circumscribed by the conditions mentioned therein. ..... this house rent revision petition has been filed under section 50 of the karnataka rent control act, 1961 challenging the judgment and order dated 19.9.95 passed by the house rent and accommodation controller, south range, bangalore, rejecting the petitioners-applicants' application under section 151 of the code of civil procedure in a proceedings under section 14 of the karnataka rent control act (hereinafter referred to as act 22/61) for fixation of fair rent. ..... perusal of the rules 13 to 16 of the rules framed under the karnataka rent control act under the head 'procedure in application and appeals under the act' further reveals that rule 13 prescribes the procedure to be followed by the controller in applications made under the act in dealing, deciding and disposing of the same under the act including the one under rule 14 of the act. ..... a perusal of section 3(c) and (d) per se reveals that the legislature while enacting the rent control act, mentioned in clear terms that the controller stood on a different footing and was not a court.4. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR4050
..... a petitioner in this petition resisted on the sole ground that the karnataka rent control act was not operative in so far as the premises belonging to the company were concerned and therefore the rent controller had no jurisdiction to decide the fair rent under section 14 of the karnataka rent control act. ..... of them who did not, approached the rent controller under section 14 of the karnataka rent control act for fixation of fair rent for the premises occupied by them. ..... under the said enactment, namely, the karnataka rent control act, even to demand higher rent, in terms of section 14 is violation of the state act's provisions.for the reasons i have given, the order does not call for interference.writ petition is ..... crux of the argument was that the premises owned by the company were covered by the public premises (eviction of unauthorised occupants), act, 1971, and therefore there was an ouster of jurisdiction of the karnataka rent control act. ..... of the reasons given is that it is a special enactment and also for the reason that the unauthorised occupants eviction act was enacted in 1971 much later than the delhi rent control act. ..... that decision, the supreme court in unmistakable terms has laid down that the eviction of unauthorised occupants act, 1971 has over-riding effect over the delhi rent control act giving more than one reason. ..... cannot be said the law has been laid down that the unauthorised occupants eviction act overrides all rent controls act in the union of india.5. mr. .....
Tag this Judgment!