Application for recovery of possession under the Karnataka Rent Act, 1999

Where the Act applies to the premises, no order or decree for the recovery of possession is made against a tenant except on an application to the Court the Act names, made in the prescribed manner, on one or more of the grounds the section lists. The Act states which court; that a notice of demand precedes an application on the ground of arrears and how that notice is served; and what a tenant may still do after an order on that ground. The Act applies to the areas its Schedules list and exempts the premises its own sections exempt; the form of the application is a matter for the rules.

What such a document contains

The Court the Act names
In the City of Bangalore, the Court of Small Causes; in such other area as the State Government notifies in consultation with the High Court, the Court of the Civil Judge (Senior Division) with territorial jurisdiction; elsewhere, the Court of the Civil Judge (Junior Division) with territorial jurisdiction over the areaSection 3(c), Karnataka Rent Act, 1999 (Karnataka Act 34 of 2001)
No order for possession except as the section provides
Notwithstanding any other law or contract, no order or decree for the recovery of possession of the premises is made in the landlord's favour against a tenant save as the section's second sub-section providesSection 27(1), Karnataka Rent Act, 1999 (Karnataka Act 34 of 2001)
An application in the prescribed manner, on a ground the section lists
The Court may, on an application made to it in the prescribed manner, order recovery of possession on one or more of the listed grounds only — among them arrears not paid after a notice of demand, sub-letting or parting with possession without the landlord's written consent, and use for a purpose other than the one the premises were let for after a notice by registered post to stopSection 27(2), Karnataka Rent Act, 1999 (Karnataka Act 34 of 2001)
On the ground of arrears, a notice of demand served first
The ground is that the tenant has neither paid nor tendered the whole of the arrears of rent and other charges legally recoverable within the period the clause fixes from the service of a notice of demand for payment, served by the landlord in the manner provided in section 106 of the Transfer of Property Act, 1882Section 27(2)(a), Karnataka Rent Act, 1999 (Karnataka Act 34 of 2001)
The notice of demand is in writing and signed
The notice is in writing, signed by or on behalf of the person giving itSection 106(4), Transfer of Property Act, 1882 (4 of 1882), as applied by Section 27(2)(a), Karnataka Rent Act, 1999 (Karnataka Act 34 of 2001)
It is served in one of the ways the section allows
Sent by post to the party intended to be bound by it, or tendered or delivered personally to that party or to one of their family or servants at their residence, or — where that tender or delivery is not practicable — affixed to a conspicuous part of the propertySection 106(4), Transfer of Property Act, 1882 (4 of 1882), as applied by Section 27(2)(a), Karnataka Rent Act, 1999 (Karnataka Act 34 of 2001)
The particulars of the premises, the parties and the tenancy
The premises, the landlord and the tenant, the rent and the terms of the tenancy, and the facts the application rests on. Such documents carry these; the prescribed form is not read for this sectionConvention rather than law

This document is under Karnataka Rent Act, 1999 (Karnataka Act 34 of 2001), which is the Act in force in Karnataka. A tenancy in another State is under that State's own Act.

The periods that attach to it

  • The arrears ground arises when the whole of the arrears is neither paid nor tendered within two months from the date the notice of demand was served, and a tenant who has had the benefit of such a notice once for the premises does not get it again on a later default. Where the tenant is to be evicted on this ground, the Court's order directs the tenant to vacate unless the arrears, calculated at the rate last paid and running to the end of the month before payment, are paid to the landlord or deposited in Court within one month of the order — Section 27(2)(a), Karnataka Rent Act, 1999 (Karnataka Act 34 of 2001)

Not established

  • The Karnataka Rent Act, 1999 states what the application is for and what it rests on. The form it takes, and the manner in which it is presented, are set by rules made under the Act by the State, and those rules are not established here.
  • The Karnataka Rent Act, 1999 applies to the areas it names or the State Government notifies, and not to every premises inside them — it exempts the classes its own sections and notifications exempt. Whether a particular premises is inside the Act is not established here; outside it, the general law of leases in the Transfer of Property Act governs the notice and the ending of the tenancy instead.

What this guide is not

Of the points listed below, six are fixed by the Karnataka Rent Act, 1999 (Karnataka Act 34 of 2001) itself and one are convention — such documents carry them, and no provision read for this section requires them. This is a description of a kind of document and not a document — confirm the contents of any document in a particular matter with an advocate.

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