Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent and Eviction |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rent and Eviction : Karnataka Rent Control Act, 1961 : S.21-Tenant in arrears of rent-Entering into an agreement with landlord to purchase premises-Failure to pay consideration within stipulated period-Eviction proceedings by landlord-Tenant's objection to eviction proceedings under the Act and claim of rights under agreement-Held, not maintainable. The appellant, a tenant of the premises in dispute, entered into an agreement with the respondent-landlord to purchase the premises. Later he filed a suit for specific performances which was compromised. In the compromise, the appellant admitted being in arrears of rent and agreed to pay the re-fixed consideration, but he failed to pay the amount within the stipulated time. Subsequently the landlord filed an application under s.21 of the Karnataka Rent Control Act, 1961 for eviction of the appellant. The appellant disputed the title of the landlord and raised a preliminary objection that he was in possession as an agreement holder and not as a tenant as his tenancy rights got merged in his right as an agreement bolder and be was entitled to benefit under s.53-A of the Transfer of property Act. He contended that the matter was to be decided by the Civil Court and the Rent Controller had no jurisdiction. The claim of the appellant was rejected by the Rent Controller as also by the High Court. Hence this appeal. Dismissing the appeal, |
Judge | N/A |
Neutral Citation | 1995 INSC 829 |
Petitioner | P. Veerappa |
Respondent | M.a. Mohammed Amanulla |
SCR | [1995] Supp. (6) S.C.R. 151 |
Judgement Date | 1995-12-04 |
Case Number | 11900 |
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