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2005 Supreme(Kar) 535

D.V.SHYLENDRA KUMAR
M. T. NARAYANAGOWDA – Appellant
Versus
MACHAMMA – Respondent


Advocates:
H.S.SATISH KUMAR, M.C.JAYAKEERTHI, MOHAN KUMAR PUTUTUNDA, R.B.SADASHIVAPPA

( 1 ) WRIT petition by a person who has suffered an eviction order dated 15-2-2000 passed under proviso (j) to sub-section (1) of Section 21 of the karnataka Rent Control Act, 1961 ('the 1961 Act' for short), that the landlord wanted the premises for the purpose of demolition and reconstruction questioning the legality of this order on the premise that the order is one without jurisdiction, that which could not have been passed under the provisions of the Act; that the provisions of the Act were never attracted to the situation and as such the order deserves to be quashed

( 2 ) THE brief facts leading to the above petition are that the respondent claiming to be the owner of the schedule premises instituted an eviction petition in H. R. C. No. 1 of 1994 on the file of the Munsiff at channapatna under proviso (j) to sub-section (1) of Section 21 of the Act on the premise that the premises is reasonably and bona fide required by the landlord for the immediate purpose of demolishing and such demolition is to be made for the purpose of erecting a new building. The petitioner was the respondent in the eviction proceedings.

( 3 ) THE petitioner filed his objections pleading that there was















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