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1996 Supreme(Kar) 691

KUMAR RAJARATNAM, P.KRISHNA MOORTHY, S.RAJENDRA BABU
BOMBAY TYRES INTERNATIONAL LIMITED – Appellant
Versus
K. S. PRAKASH (DECEASED BY LR S) – Respondent


KRISHNA MOORTHY, J.

( 1 ) THIS revision is by the tenant in a proceedings under the Karnataka Rent Control Act, 1961. The case is referred to a Full Bench mainly for determining the question as to whether during the subsistence of contractual tenancy, is it open to a landlord to resort to proceedings under the Karnataka Rent Control Act, for evicting the tenant on satisfying any of the grounds mentioned in S. 2l of the Karnataka Rent Control Act. A Full Bench of this Court in Sri Ramakrishna Theatres Ltd. v. General Investments and Commercial Corporation Ltd. , ILR ( 1992) Kant 1296 : (AIR 1993 Kant 90) held that the landlord is not entitled to evict a tenant even on satisfying the conditions mentioned in S. 21 of the Kamataka Rent Control Act, so long as the contractual tenancy subsists. This Full Bench decision was later considered by the Supreme Court in a decision reported in Sri Lakshmi Venkateshwara Enterprises Pvt. Ltd. v. Syeda Vajhiunnissa Begum; ILR (1994) Kant 1659. One of the questions to be considered is as to whether the Full Bench decision of this Court, mentioned above, still holds the field in view of the later decision of the Supreme Court in Sri Lakshmi Venkatesh






























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