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2010 Supreme(Kar) 1105

K.N.KESHAVANARAYANA, D.V.SHYLENDRA KUMAR, MANJULA CHELLUR
Abdul Wajid – Appellant
Versus
A S Onkarappa – Respondent


Advocates Appeared:
For the Petitioners:L. Srinivas Babu, C.M. Eshwarappa, Shekar Shetty, Anil Kumar Shetty, P.D. Surana, Prakash Yeli, M. Rangappa, C.S. Suresh, Advocates.
For the Respondent:G.S. Balagangadhar & T. Nagaraja, P.H. Ramalingam, Suryanarayana Rao, H.J. Sanghvi, K. Sivakumar Kalloor, K.V. Narasimhan, Advocates.

Judgment

1. The controversy which lead to this reference for the opinion of the full bench relates to the jurisdiction of Courts of Small Causes constituted under Karnataka Small Cause Court6s Act 1964 (for short KSCC Act) to take cognizance of the suits for ejectment by the land lord against the tenants in respect of the premises to which the provisions of Karnataka Rent Act 1999 (for short KR Act) are not applicable, and the lease of such premises having either been determined by efflux of time limited thereby or having been determined by a notice in accordance with law or the permission to occupy the premises having been withdrawn.

2. This controversy arose on account of the conflicting decisions rendered by learned single judges in there different judgments and another learned single judge expressing the view that the interpretation placed by the Division Bench in Smt.Sarojasmmas-Vs-K.M.Venkatesh reported in ILR 2007 Kar 3309 on Article 4 of Schedule to KSCC Act and the declaration of law that:

(1) the Court of Small Causes can take cognizance of such suits which are filed seeking ejectment of tenants of the premises to which KR Act applies and not in respect of the tenants/pe







































































































































































































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