LAWS(KAR)-2010-12-49

ABDUL WAJID Vs. A S ONKARAPPA

Decided On December 27, 2010
ABDUL WAJID Appellant
V/S
A.S.ONKARAPPA Respondents

JUDGEMENT

(1.) The controversy which led to this reference for the opinion of the full bench relates to the jurisdiction of Courts of Small Causes constituted under Karnataka Small Cause Courts Act 1964 (for short KSCC Act) to take cognizance of the suits for ejectment by the land lord against the tenants in respect of the premises to which the provisions of Karnataka Rent Act 1999 (for short KR Act) are not applicable, and the lease of such premises having either been determined by efflux of time limited thereby or having been determined by a notice in accordance with law or the permission to occupy the premises having been withdrawn.

(2.) This controversy arose on account of the conflicting decisions rendered by Learned Single Judges in three different judgments and another learned single judge expressing the view that the interpretation placed by the Division Bench in Smt. Sarojamma v. K.M. Venkatesh, 2007 ILR(Kar) 3309 on Article 4 of Schedule to KSCC Act and the declaration of law that;

(3.) The legislative backdrop: