TMI Blog2010 (8) TMI 935X X X X Extracts X X X X X X X X Extracts X X X X ..... e tenants, respondents herein. 4. The material facts are that the appellants are the landlords of the property bearing No. 28/1, Robertson Road, Frazer Town, Bangalore - 5, measuring 43 feet North, South 37 feet 9 inches, East 25 feet and West 25 feet, the property included 6 feet wide passage leaving from Robertson Road into the scheduled premises (herein after referred to as the said `premises'). The appellants became the owner of the scheduled premises by virtue of a Gift Deed dated 30.3.2000 executed by the husband of appellant No. 1 and the father of appellants No. 2 and 3. 5. The appellants inducted the respondents as tenants on a monthly rent of ₹ 4000/- (Four Thousand Only) per month in respect of the said premises. The rent was agreed in accordance with clause 4 of the rent agreement dated 06.11.1997. 6. On or about 21.3.01 the appellants instituted an eviction proceeding being H.R.C. No. 10042/2001 against the respondents under Section 21 (1) (h) and (f) of Karnataka Rent Control Act, 1961 (herein after the 1961 Act ), inter alia, on the grounds of default, subletting, reasonable and bonafide requirements and some other grounds. 7. In the said evict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Repeal and Savings.- (1) The Karnataka Rent Control Act, 1961 (Karnataka Act 22 of 1961) is hereby repealed.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and subject to the provisions of section 69,- (a) all proceedings in execution of any decree or order passed under the repealed Act, and pending at the commencement of this Act, in any Court shall be continued and disposed off by such Court as if the said enactment had not been repealed; (b) all cases and proceedings other than those referred to in clause (a) pending at the commencement of this Act before the Controller, Deputy Commissioner, Divisional Commissioner, Court, District Judge or the High Court or other authority, as the case may be in respect of the premises to which this Act applies shall be continued and disposed off by such Controller, Deputy Commissioner, Divisional Commissioner, Court, District Judge or the High Court or other authority in accordance with the provisions of this Act. (c) all other cases and proceedings pending in respect of premises to which this Act does not apply shall as from the date of commencement of the Act stand abated. 14. The learned counsel for the appellants urged that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this section,- (a) cost of construction shall include cost of electrical fittings, water pumps, overhead tanks, storage tank and other water, sewerage and other fixtures and fittings affixed in the premises; (b) in case any fixture and fittings referred to in clause (a) are in common use by more than one occupant in a building, such proportion of cost of the fixtures equipment and fittings shall be included in the cost of construction of the premises as bears proportion to the plinth area of such premises to the plinth area of that building; (c) the cost of construction shall be the actual amount spent on construction, and in a case where such amount cannot be ascertained, such cost shall be determined as per the scheduled rates of the State Public Works Department for cost of construction for similar construction for the year in which the premises was constructed; (d) the market price of the land shall be the price for which the land was bought as determined from the deed of sale registered under the Registration Act, 1908 (Central Act 16 of 1908), if construction commenced in the year of registration or the land rates notified by the State Government or a loca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the 1999 Rent Act are clear. The application of the Act is restricted to,- (i) to any residential building the Standard rent of which does not exceed rupees 3,500 per month in the areas covered by Karnataka Municipal Corporation Act, 1976 and rupees 2,000 per month in other areas and a commercial building having plinth area of not exceeding 14 square meter. (ii) to buildings which are more than 15 years old. (2) The Rent Deed is required to be in writing and registered. (3) Tenancy is made inheritable to a limited extent. (4) Provision is made,- (a) for collection of standard rent in relation to the investment on property and for enhancement of rent, and for determination of Standard Rent by Rent Controller; (b) for registration of middlemen and estate agents; (c) for adjudication of eviction application by Rent Courts, with only Right of Revision, but no appeal; (d) for immediate eviction of tenants of State or Central Government Employees, members of Armed Forces, widows, handicapped persons and persons above the age of 65 years under certain circumstances; (e) to laydown Special Procedure for trial of cases before the controllers and also t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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