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1997 Supreme(SC) 737

K.VENKATASWAMI, M.M.PUNCHHI
Modern Tailoring Hall – Appellant
Versus
H. S. Venkusa – Respondent


ORDER

Leave was granted in these appeals limited to the question whether after demolition and reconstruction of the building, the appellants-tenants have a right of re-entry.

2. The Karnataka Rent Control Act, 1986 in its Section 21(1)(h) confers on the landlord the right to claim eviction of a building bona fide required for his own occupation and Section 21(1)(j) confers on him the right to seek eviction to have the building demolished and reconstructed, but subject to the right of re-entry of the tenant. These two rights are encircled with corresponding obligations inasmuch as under the former provision the landlord is required to enter the premises himself within the statutory period failing which the tenant has a right of re-entry, and in the latter provision, the landlord is required to give an undertaking so as to ensure observance of the terms of re-entry on reconstruction of the building. The present cases are such in which the landlord has sought eviction of the tenants under Section 21(1)(h) of the Act on the ground that he bona fide requires the premises for his own use and occupation but after demolition and reconstruction. The point arising for consideration is whether






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