SURESH BABU Vs. S SUSHEELA THIMMEGOWDA

JUDGEMENT

(1.) ALL these revision petitions relate to eviction proceedings initiated under the proviso the section 21 (1) of the Karnataka Rent Control Act, 1961 ['the Act' or 'the KRC Act' for short] filed in respect of non-residentiat premises, the rent of which exceeds Rs. 500/- per month.

(2.) THE revision petitions in HRRP Nos. 423/1996, 425/1996, 465/ 1996, 1719/1996 and 548/1997, are filed by tenants against whom orders of eviction have been passed under Section 21 (1) (h) of the Act. The revision petitions in HRRP Nos. 438/1996 and 1148/1996 are filed by the landlords against the rejection of their eviction petitions filed under Section 21 (1) (a) (h) of the Act. The revision petitions in HRRP Nos. 1415/1997 and 12/1998 are filed by the tenants aggrieved by the rejection of their interlocutory applications for dismissal of eviction petitions filed against them under Section 21 (1) (h) of the Act on the ground that the eviction petitions under Section 21 (1) (h) of the Act were not maintainable.

(3.) PART V of the Act deals with control of eviction of tenants. Section 21 of the Act provides that notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any Court or other authority in favour of the landlord against the tenant; provided that the Court (as defined in section 3 (d) of the Act) may on an application made to it, make an order for the recovery of possession of a premises on one or more of the grounds specified therein. Section 31 of the Act provides that the provisions of Part V of the Act shall not apply to non-residential premises the rent of which exceeded Rs. 500/- per months (or the annual rental value of which exceeded Rs. 6000/- ).