(34 of 2001) Rent Act (E)

602
KARNATAKA ACT NO 34 OF 2001
THE KARNATAKA RENT ACT, 1999
Arrangement of Sections
Sections :
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement
2. Application of the Act
3. Definitions
CHAPTER - II
REGULATION OF RENT
4. Tenancy agreement to be in writing
5. Inheritability of tenancy
6. Rent payable
7. Standard rent
8. Other charges payable
9. Revision of rent in certain cases
10. Notice of revision of rent
11. Unlawful charges not to be claimed
12. Controller to fix standard rent, etc
13. Fixation of interim rent
14. Limitation for application for fixation of
standard rent etc
603
15. Refund of rent, premium, etc.,

16. Receipt to be given for rent and other charges
paid
CHAPTER - III
DEPOSIT OF RENT
17. Deposit of rent and other charges by the tenant
18. Time limit for making deposit and consequences
of incorrect particulars in application for deposit
19. Savings as to acceptance of rent and other
charges and forfeiture of rent in deposit
CHAPTER - IV
REGISTRATION OF MIDDLEMEN OR ESTATE AGENTS
20. Registration of Middlemen or Estate Agents
21. Middlemen or Estate Agents to file information
and returns
22. Limitation of liability of middleman
CHAPTER - V
CONTROLLERS, THEIR POWERS AND PROCEDURE
23. Appointment of Controllers
24. Powers of Controller
25. Procedure to be followed by Controller and
time limit for deciding cases generally
26. Appeal
604
CHAPTER - VI
REGULATION OF EVICTION
27. Protection of tenants against eviction
28. Right to recover immediate possession of
premises to accrue to certain persons
29. Right to recover immediate possession of premises
to accrue to members of the armed forces, etc.,
premises to accrue to employee of State or
Central Government
premises to accrue to a widow
32. Restriction on sub-letting
33. Notice of creation and termination of sub-tenancy
34. Sub-tenant to be tenant in certain cases
35. Recovery of possession for occupation and
re-entry
36. Recovery of possession for repairs and re-building
and re-entry
37. Recovery of possession in case of tenancies for
limited period
38. Special provision for recovery of possession in
certain cases
39. Permission to construct additional structures
40. Special provision regarding vacant building sites
41. Vacant possession to landlord
605
42. Procedure to be followed by the Court

43. Dispute of relationship of landlord and tenant
44. Court to promote negotiated settlement of
disputes
45. Deposit and payment of rent during the pendency
of proceedings for eviction
46. Revision
CHAPTER - VII
SPECIAL OBLIGATIONS OF LANDLORDS AND TENANTS
47. Landlords duty to keep the premises in good
repair
48. Duties of tenant
49. Cutting off or withholding essential supply or
service
CHAPTER - VIII
MISCELLANEOUS
50. Jurisdiction of Civil Courts barred in respect
of certain matters
51. Proceedings by or against legal representatives
52. Landlord and tenant to furnish particulars
53. Cognizance of offences and Power to prosecute
54. Offences and penalties
55. Offences by companies etc
56. Controllers to be public servants
57. Protection of action taken in good faith
606
58. Controller to recover fines as arrears of land

revenue
59. Procedure in Appeals
60. All proceedings before the Controller to be
judical proceedings
61. Decisions which have become final not to be
reopened
62. Orders to be pronounced in open Court
63. Finality of Orders
64. Amendment of Orders
65. Costs
66. Power to make rules
67. Rules and Notifications to be laid before the
State Legislature
68. Removal of difficulties
69. Transfer of pending cases
70. Repeal and Savings
First Schedule
Second Schedule
Third Schedule
Table I
Table II
Fourth Schedule
Fifth Schedule
607
STATEMENT OF OBJECTS AND REASONS

(As appended to at the time of introduction)
Economic Administration Reforms Commission and the
National Commission on Urbanisation have recommended reform
of the Rent Legislation in a way that balances the interests of
both landlord and the tenant and also stimulates future
contruction. The Government of India have formulated a model
rent control law and recommended to the State Governments to
undertake amendments to existing rent control laws or enact
new laws on the basis of the model law.
It is considered necessary and expedient to bring about
a new legislation to provide for regulation of rent and eviction in
the spirit of modern economy in a manner more suited to our
State, by adopting some provisions of the model rent control
law and some of the existing law of Rent Control in the state.
Therefore it is proposed to enact new legislation to replace the
existing Karnataka Rent Control Act, 1961, which is due to expire
by 31.12.1999.
Following are some of the features of the proposed
measure.
(1) Its application is now restricted ,-
(i) to any residential building the Standard rent of which does
not exceed rupees 3,500 per month in the areas covered
by Karnataka Municipal Corporation Act, 1976 and rupees
2,000 per month in other areas and a commercial building
having plinth area of not exceeding 14 square meter.
(ii) to buildings which are more than 15 years old.
(2) The Rent Deed is required to be in writing and registered.
(3) Tenancy is made inheritable to a limited extent.
608
(4) Provision is made,-

(a) for collection of standard rent in relation to the investment
on property and for enhancement of rent, and for
determination of Standard Rent by Rent Controllers;
(b) for registration of middlemen and estate agents;
(c) for adjudication of eviction application by Rent Courts,
with only Right of Revision, but no appeal;
(d) for immediate eviction of tenants of State or Central
Government Employees, members of Armed Forces,
widows, handicapped persons and persons above the
age of 65 years under certain circumstances;
(e) to laydown Special Procedure for trial of cases before
the controllers and also the Courts so as to achieve quick
disposals and negotiated settlement.
(f) to impose certain Special obligations on the landlords
and tenants, etc.
Certain other necessary consequential and incidental
provisions are also made.
Hence the Bill.
(L.C. Bill No. 14 of 1999 - File No. LAW 45 LGN 1993)

609
1
[KARNATAKA ACT NO 34 OF 2001
(First published in the Karnataka Extra Ordinanry Gazette on
the Twenty seventh day of November 2001)
THE KARNATAKA RENT ACT, 1999
(Received the assent of President on the Twenty second day
of November, 2001)
An Act to provide for the regulation of rent and eviction of
tenants, in certain areas of the State of Karnataka, and for the
matters connected therewith or incidental thereto.
Be it enacted by the Karnataka State Legislature in the
fiftieth year of the Republic of India, as follows:-
CHAPTER - I
PRELIMINARY
1.Short title, extent and commencement.- (1) This Act
may be called the Karnataka Rent Act, 1999.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force from such 2[date]2 as the State
Government may, by notification, appoint and different dates
may be appointed for different areas or for different provisions
of this Act.
2. Application of the Act.- (1) Chapters-I to III and
Chapter-V to VIII of this Act shall apply to areas specified in
the First Schedule.
(2) Chapters I, and IV shall apply only to areas specified
in the Second Schedule.
1. Published in the Karnataka Gazette Part IV-A, Extraordinary No. 2129 dated:
27-12-2001. (File No. LAW 45 LGN 1993)
2. Sections 1, 3 and 66 have come into force on 5-12-2001 and the remaining sections have
come into force on 31-12-2001. Vide Notification No. RD 24 BHANIVI 2001 dated 5-12-
2001.
610
(3) Nothing contained in this Act shall apply,-

(a) to any premises belonging to,-
(i) the State Government or the Central Government
or a local authority;
(ii) a Muzarai or religious or charitable institution;
(iii) a Wakf.
Explanation.- If any doubt arises whether any institution
referred to in sub-clause (ii) and (iii) above is a muzarai or
religious or charitable institution or a wakf, the decision of the
Divisional Commissioner shall be final.
(b) to any building belonging to a Co-operative Society
registered or deemed to be registered under the Karnataka Co-
operative Societies Act, 1959 (Karnataka Act 11 of 1959) or the
Multistate Co-operative Societies Act, 1984 (Central Act 51 of
1984);
(c) to any building belonging to a Market Committee
established under the Karnataka Agricultural Produce Marketing
Regulation Act, 1966 (Karnataka Act 29 of 1966);
(d) to any tenancy or other like relationship created by a grant
from the State Government or the Central Government in respect
of any premises taken on lease or requisitioned by the State
Government or the Central Government;
(e) to any premises, deemed rent on the date of
commencement of this Act or the standard rent of which
exceeds,-
(i) three thousand five hundered rupees per month in
any area referred to in part A of the first schedule;
and
611
(ii) two thousand rupees per month in any other area.

Explanation.- "Deemed rent on the date of
commencement of this Act" shall be the rent calculated in the
manner provided in section 7, together with revision, if any, as
provided in section 9 and decreased in the case of premises
constructed after the commencement of this Act at the same
rate as the rate of enhancement stipulated in the third Schedule
to reflect the position on the date of commencement of this Act;
(f) to any premises constructed or substantially renovated,
either before or after the commencement of this Act for a period
of fifteen years from the date of completion of such construction
or substantial renovation.
Explanation-I.- A premises may be said to be
substantially renovated if not less than seventy-five percent of
the premises is built new in accordance with the criteria
prescribed for determining the extent of renovation;
Explanation-II.- Date of completion of construction shall
be the date of completion as intimated to the concerned
authority or of assessment of property tax, whichever is earlier,
and where the premises have been constructed in stages the
date on which the initial building was completed and an
intimation thereof was sent to the concerned authority or was
assessed to property tax, whichever is earlier.
(g) to any premises used for non-residenatial purpose but
excluding premises having a plinth area of not exceding fourteen
square meters used for commercial purpose;
(h) to any building or group of buildings or premises which
the State Government may by notification exempt in public
interest from all or any of the provisions of this Act.
612
(4) The State Government may by notification apply all or

any of the provisions of this Act to such other areas or class of
buildings within any area from such date or dates as may be
specified in the notification.
(5) The State Government may at any time by notification,
direct that all or any of the provisions of the Act shall cease to be
applicable to any area whether or not specified in Schedules I or
II, from such date as may be specified in the notification, or to
any class of buildings within any area; and from that date the
said provisions shall cease to be applicable to such area or class
of buildings:
Provided that section 6 of the Karnataka General Clauses
Act, 1899 shall apply when any provision of this Act ceases to be
applicable to any area or class of buildings in any area as if it
had been repealed by a Karnataka Act:
Provided further that the issue of a notification under sub-
section (5) shall not preclude the issue of a notification under
sub-section (4) applying all or any of the provisions of the said
chapter to such area or class of buildings.
3. Definitions.- In this Act, unless the context otherwise
requires,-
(a) "building" means any building or hut or part of a building
or hut other than a farm house, let or to be let separately and
includes,-
(i) the garden, grounds and out-houses, if any
appurtenant to such building, hut or part of such
building or hut and let or to be let along with such
building or hut or part of building or hut;
613
(ii) any furniture or equipment supplied by the landlord

for the use in such building or hut or part of a building
or hut;
(iii) any fittings affixed to such building or part of a
building for the more beneficial enjoyment thereof,
but does not include a room or other accommodation in a hotel
or a lodging house;
(b) "Controller" means a Controller appointed under section
23;
(c) "Court" means,-
(i) in respect of the area comprised within the limits of
the City of Bangalore, the Court of Small Causes;
(ii) in such other area as the State Government, may,
in consultation with the High Court, by notification
specify, the Court of Civil Judge (Senior
Division)having territorial jurisdiction over such area;
and
(iii) in respect of areas other than those referred to in
sub-clauses (i) and (ii), the Court of Civil Judge
(Junior Division) having territorial jurisdiction over
such area;
(d) "Family" in relation to a person means the wife or husband
of such person and his or her dependents;
(e) "landlord" means a person who for the time being is
receiving or is entitled to receive, the rent of any premises,
whether on his own account or on account of or on behalf of or
for the benefit of any other person or as a trustee, guardian or
receiver for any other person or who would so receive the rent or
614
to be entitled to receive the rent, if the premises were let to a

tenant;
(f) "lawful increase" means an increase in rent permitted
under the provisions of this Act;
(g) "local area in relation to the premises let" means the area
of jurisdiction and surrounding area as specified in the First
Schedule, of the local authority within which the premises let is
situate;
h) "local authority" means,-
(i) a City Municipal Corporation constituted under the
Karnataka Municipal Corporations Act, 1976
(Karnataka Act 14 of 1977);
(ii) a Municipal Council or Town Panchayat constituted
under the Karnataka Municipalities Act, 1964
(Karnataka Act 22 of 1964) including a Contonment
Board constituted under the Contonment Act, 1924
(Central Act 2 of 1924);
(iii) an Urban Development Authority constituted under
the Karnataka Urban Development Authority Act,
1987 (Karnataka Act 14 of 1987);
(iv) a Grama Panchayat, a Taluk Panchayat or a Zilla
Panchayat constituted under the Karnataka
Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993);
(v) an Improvement Board constituted under the
Karnataka Improvement Boards Act, 1976
(Karnataka Act 11 of 1976);
(vi) The Bangalore Development Authority constituted
under the Bangalore Development Authority Act,
1976 (Karnataka Act 12 of 1976); or
615
(vii) any other authority, as the State Government may

by notification, declare to be a local authority;
(i) "premises" means,-
(i) a building as defined in clause (a);
(ii) any land not used for agricultural purpose;
(j) "public institution" includes any educational institution
maintained out of State Funds or aid received out of State Funds
or free hostel attached to such educational institution, library, a
Government Hospital, charitable dispensary, orphanage, disabled
home and destitute home;
(k) "residential purpose", "residential user" or "purpose of
residence" include letting out for running a public institution;
(l) "Schedule" means a Schedule appended to this Act;
(m) "standard rent" in relation to any premises means the
standard rent referred to in section 7 or where the standard rent
has been increased under section 9, such increased rent;
(n) "tenant" means any person by whom or on whose
account or behalf the rent of any premises, is or but for a special
contract would be, payable, and includes,-
(i) a sub-tenant;
(ii) any person continuing in possession after the
termination of his tenancy, but does not include any
person to whom a licence as defined in section 52
of the Indian Easements Act, 1882 (Central Act 5 of
1882) has been granted;
(o) "urban area" means the areas specified in the First or
Second Schedule
616
CHAPTER - II
REGULATION OF RENT
4. Tenancy agreement to be in writing.- (1)
Notwithstanding anything contained in section 107 of the Transfer
of Property Act, 1882 (Central Act 4 of 1882), no person shall,
after the commencement of this Act, let or take on rent any
premises except by an agreement in writing.
(2) Where in relation to a tenancy created before the
commencement of this Act no agreement in writing was entered
into the landlord and the tenant shall enter into an agreement in
writing with regard to the tenancy and deposit a copy of thereof
before the prescribed authority.
Provided that where the landlord and the tenant fail to
present jointly a copy of the tenancy agreement under this sub-
section such landlord and tenant shall separately file the
particulars about such tenancy with the prescribed authority in
such form and in such manner and within such time as may be
prescribed.
5. Inheritability of tenancy.- (1) In the event of death of a
tenant, the right of tenancy shall devolve for a period of five years
from the date of his death to his successors in the following order,
namely:-
(a) spouse;
(b) son or daughter or where there are both son
and daughter both of them;
(c) parents;
(d) daughter-in-law, being the widow of his pre-
deceased son:
617
Provided that the successor has ordinarily been living or

carrying on busines in the premises with the deceased tenant as
a member of his family up to the date of his death and was
dependent on the deceased tenant:
Provided further that a right to tenancy shall not devolve
upon a successor in case such successor or his spouse or any
of his dependent son or daughter is owning or occupying a
premises in the local area in relation to the premises let.
(2) If a person, being a successor mentioned in sub-section
(1), was ordinarily living in or carrying on business in the premises
with the deceased tenant but was not dependent on him on the
date of his death, or he or his spouse or any of his dependent
son or daughter is owning or occupying a premises in the local
area in relation to the premises let to which this Act applies, such
successor shall acquire a right to continue in possession as a
tenant for a limited period of one year from the date of death of
the tenant; and, on the expiry of that period, or on his death,
whichever is earlier, the right of such successor to continue in
possession of the premises shall become extinguished.
Explanation.- For the removal of doubts, it is hereby
declared that,-
(a) where, by reason of sub-section (2), the right of any
successor to continue in possession of the premises becomes
extinguished, such extinguishment shall not affect the right of
any other successor of the same category to continue in
possession of the premises but if there is no other successor
of the same category, the right to continue in possession of the
premises shall not, on such extinguishment, pass on to any other
successor specified in any lower category or categories, as the
case may be;
618
(b) the right of every successor, referred to in sub-section

(1) to continue in possession of the premises shall be personal
to him and shall not, on the death of such successor, devolve
on any of his heirs.
6. Rent payable.- (1) The rent payable in relation to a
premises shall be,-
(a) the rent agreed to between the landlord and the tenant
as enhanced in the manner provided in the Third Schedule; or
(b) the standard rent specified under section 7, as revised
under section 9.
(2) In the case of a tenancy entered into before the
commencement of this Act, the landlord may, by notice in writing
to the tenant within three months from the date of such
commencement, enhance the rent as specified under section 7,
and the rent so enhanced, shall be payable from the date of
such commencement.
7. Standard rent.- (1) Standard rent in relation to any
premises, shall be the rent calculated on the basis of ten per
cent per annum of the aggregate amount of the cost of
construction and the market price of the land comprised in the
premises on the date of commencement of the construction:
Provided that the standard rent calculated as aforesaid
shall be enhanced in the manner provided in the Third Schedule.
(2) For the purpose of this section,-
(a) cost of construction shall include cost of electrical fittings,
water pumps, overhead tanks, storage tank and other water,
sewerage and other fixtures and fittings affixed in the premises;
(b) in case any fixture and fittings referred to in clause (a)
are in common use by more than one occupant in a building,
619
such proportion of cost of the fixtures equipment and fittings

shall be included in the cost of construction of the premises as
bears proportion to the plinth area of such premises to the plinth
area of that building;
(c) the cost of construction shall be the actual amount spent
on construction, and in a case where such amount cannot be
ascertained, such cost shall be determined as per the scheduled
rates of the State Public Works Department for cost of
construction for similar construction for the year in which the
premises was constructed;
(d) the market price of the land shall be the price for which
the land was bought as determined from the deed of sale
registered under the Registration Act, 1908 (Central Act 16 of
1908), if construction commenced in the year of registration or
the land rates notified by the State Government or a local authority
for the year in which construction was commenced, whichever
is higher;
(e) the land comprised in the premises shall be the plinth
area of the building and such of the vacant land up to fifty per
cent, of the plinth area as is appurtenant thereto;
(f) in a case where a premises forms part of a building having
more than one premises, such proportion of price of land forming
part of such building shall be taken to be the market price of the
land comprised in the premises as is equal to the proportion of
the plinth area of such premises to the plinth area of that building;
(g) notwithstanding anything contained in clauses (c) and
(d), the cost of construction and the market price of the land
comprised in the premises purchased from or allotted by the
Government or a local authority shall be the aggregate amount
payable to such Government or the local authority for the
premises:
620
Provided that the Controller may, for the purpose of

arriving at, the cost of construction and the market price of the
land comprised in the premises, allow in addition, subject to a
maximum of thirty per cent of amount payable to the
Government or the local authority, to the amount so payable for
any expenditure incurred by the landlord or by the first or any
subsequent purchaser or allottee for any improvement, addition
or structural alteration in the premises.
8. Other charges payable.- (1) A tenant shall be liable to
pay to the landlord, besides the rent, the following charges,
namely:-
(a) charges, not exceeding fifteen per cent of the rent for the
amenities as specified in the Fourth Schedule or as agreed to
between the landlord and the tenant;
(b) maintenance charges at the rate of ten per cent of the
rent;
(c) without prejudice to the liability of landlord to pay the
property tax to the local authority, the prorata property tax in
relation to the premises.
Explanation.- For the purpose of calculating the monthly
charges payable by the tenant to the landlord towards the property
tax, the amount paid or payable as property tax for the
immediately preceding year or the estimated tax payable shall
form the basis.
(2) The landlord shall be entitled to recover from the tenant
the amount paid by him towards charges for electricity or water
consumed or other charges levied by a local or other authority
which is ordinarily payable by the tenant.
9. Revision of rent in certain cases.- (1) Where a landlord
has at any time, before the commencement of this Act with or
621
without the approval of the tenant or after the commencement of

this Act with the written approval of the tenant incurred
expenditure for any improvement, addition or structural alteration
in the premises, not being expenditure on decoration or
tenantable repairs necessary or usual for such premises, and
the cost of that improvement, addition or alteration has not been
taken into account in determining the rent of the premises, the
landlord may lawfully increase the rent per year by an amount
not exceeding ten percent of such cost.
(2) Where, after the rent of a premises has been fixed under
this Act, or agreed upon, as the case may be, there has been a
decrease, diminution or deterioration of accommodation in such
premises, the tenant may claim a reduction in the rent.
10. Notice of revision of rent.- (1) Where a landlord wishes
to revise the rent of any premises under sub-section (1) of section
9, he shall give the tenant a notice of his intention to make the
revision and, in so far as such revision is lawful under this
Act, it shall be due and recoverable from the date of improvement,
addition or structural alteration.
(2) Every notice under sub-section (1) shall be in writing
signed by or on behalf of the landlord and given in the manner
provided in section 106 of the Transfer of Property Act, 1882
(Central Act 4 of 1882).
11. Unlawful charges not to be claimed.- (1) It shall not be
lawful for the tenant or any other person acting or purporting to
act on behalf of the tenant or a sub-tenant to claim or receive
any payment in consideration of the relinquishment, transfer or
assignment of his tenancy or sub-tenancy, as the case may be
of any premises.
(2) Nothing in this section shall apply,-
622
(a) to any payment made in pursuance of an agreement

entered into before the commencement of this Act;
(b) to any payment made under an agreement by any
person to a landlord for the purpose of financing the
construction of the whole or part of any premises on
the land belonging to, or taken on lease by, the
landlord if one of the conditions of the agreement is
that the landlord should let to that person the whole
or part of the premises when completed for the use
of that person or any member of his family but not
exceeding the amount of agreed rent for a period of
five years, for the whole or part of the premises to
be let to such person.
Explanation.- For the purpose of clause (b) of this sub-
section, a member of the family of a person means, in the case
of an un-divided Hindu family, any member of the joint family of
that person and in the case of any other family, the husband,
wife, son, daughter, father, mother, brother, sister or any other
relative dependent on that person.
12. Controller to fix standard rent, etc.- (1) The Controller
shall, on an application made to him in this behalf, in the
prescribed manner, fix in respect of any premises,-
(i) the deemed rent for the purpose of clause (e) of
sub-section (3) of section 2;
(ii) the enhancement in rent in the manner provided in
Third Schedule;
(iii) the standard rent as per the provisions of section 7;
(iv) the other charges payable as per the provisions of
section 8; and
623
(v) the revision in rent as per the provisions of section

9:
Provided that it shall not be permissible for the land lord
to apply for the fixation of standard rent as per the provisions of
section 7 in the case of a tenancy entered into after the
commencement of this Act.
(2) In working out the cost of construction of any premises or
the market price of land comprised in such premises for the
purposes of section 7 or the expenditure incurred for any
improvement, addition or structural alteration or the decrease,
diminution or deterioration of accommodation in a premises for
the purpose of section 9, the Controller may take the assistance
of a prescribed valuer who shall carry out the assessment in the
manner prescribed.
(3) In fixing the standard rent of any premises or the lawful
increase or decrease of the rent or determining the other charges
payable, the Controller shall fix or determine an amount which
appears to him to be reasonable having regard to the provisions
of section 7 or section 8 or section 9 and other circumstances of
the case.
(4) In fixing the standard rent of any premises part of which
has been lawfully sub-let, the Controller may also fix the standard
rent of such part sub-let.
(5) Where for any reason it is not possible to determine the
standard rent of any premises on the principles set forth in section
7, the Controller may fix such rent as would be reasonable having
regard to the situation, locality and condition of the premises
and the amenities provided therein, and where there are similar
or nearly similar premises in the locality, having regard also to
the rent payable in respect of such premises.
624
(6) The standard rent shall in all cases be fixed for a tenancy
of twelve months:
Provided that where any premises are let or re-let for a
period of less than twelve months, the standard rent for such
tenancy shall bear the same proportion to the annual rent as the
period of tenancy bears of twelve months.
(7) In fixing the standard rent of any premises under this
section, the Controller shall fix the standard rent thereof in an
unfurnished state and may also determine an additional charge
to be payable on account of any fittings or furniture supplied by
the landlord and it shall be lawful for the landlord to recover such
additional charge from the tenant.
(8) In fixing the standard rent or lawful increase or decrease
of rent or determining the other charges payable in respect of
any premises under this section, the Controller shall specify a
date from which the amount, so fixed shall be deemed to have
effect:
Provided that, in no case the date so specified shall be
earlier than the date of filing of the application for the increase
or decrease of the standard rent:
Provided further that if the increase is because of
improvement, addition or structural alteration, it shall come into
effect from the date of completion of such improvement, addition
or alteration.
(9) The Controller may, while fixing standard rent or lawful
increase or decrease in rent or other charges payable, order
for payment of the arrears of amount due by the tenant to the
landlord in such number of instalments as he deems proper.
13. Fixation of interim rent.- When an application for fixing
the standard rent or for determining the lawful increase or
625
decrease of such rent and other charges payable is made under

section 12, the Controller shall, as expeditiously as possible,
make an order specifying the amount of the rent and other
charges payable or the lawful increase to be paid by the tenant
to the landlord pending final decision on the application and shall
specify the date from which the rent and other charges payable
or lawful increase so specified shall be deemed to have effect.
14. Limitation for application for fixation of standard rent
etc.- Any landlord or tenant may file an application to the
Controller for fixing the standard rent and other charges of the
premises or for determining the lawful increase or decrease of
such rent and other charges:-
(a) in the case of any premises which were let, or in which
the cause of action for lawful increase or decrease of rent and
other charges arose, before the commencement of this Act, within
two years from such commencement.
(b) in the case of any premises in which the cause of action
for lawful increase or decrease of rent and other charges arises
after the commencement of this Act, within two years from the
date on which the cause of action arises.
(c) in the case of any premises constructed on or after the
commencement of this Act and for which the provisions of the
Act are made applicable by virtue of sub-section (4) of section 2,
within two years from the date of such application:
Provided that the Controller may entertain the application
after the expiry of the said period of two years, if he is satisfied
that the applicant was prevented by sufficient cause from filing
the application in time.
15. Refund of rent, premium, etc.,.- Where any sum or other
consideration has been paid, whether before or after the
626
commencement of this Act, by or on behalf a tenant to a landlord,

in contravention of any of the provisions of this Act the Controller
may, on an application made to him within a period of one year
from the date of such payment, order the landlord to refund such
sum or the value of such consideration to the tenant or order
adjustment of such sum or the value of such consideration against
the rent payable by the tenant.
16. Receipt to be given for rent and other charges paid.-
(1) Every tenant shall pay rent and other charges payable within
the time fixed by contract or in the absence of such stipulation,
by the fifteenth day of the month next following the month for
which it is payable and where any default occurs in the payment
of rent or other charges, the tenant shall be liable to pay simple
interest at the rate of twelve per cent per annum from the date
on which it becomes payable.
(2) Every tenant who makes payment of rent or other charges
payable or advance towards such rent or other charges to his
landlord shall be entitled, to obtain forthwith from the landlord
or his authorised agent a written receipt for the amount paid to
him, signed by the landlord or his authorised agent:
Provided that it shall be open to the tenant to remit the
rent or other charges to his landlord by postal money order.
(3) If the landlord or his authorised agent refuses or neglects
to pass to the tenant the receipt referred to in sub-section (2),
the Controller may, on an application made to him in this behalf
by the tenant within two months from the date of payment and
after hearing the landlord or his authorised agent, by order
direct the landlord or his authorised agent to pay to the tenant,
by way of damages, such sum not exceeding double the amount
of rent or other charges paid by the tenant and the costs of the
627
application and shall also grant a certificate to the tenant in respect

of the rent or other charges paid.
(4) If the landlord or his authorised agent refuses to accept
or evades acceptance of receipt of rent or other charges payable
to him, the tenant may, by notice in writing, ask the landlord to
furnish him the particulars of his bank account in a bank in the
place where the premises is situate into which the tenant may
deposit the rent and other charges payable to the credit of the
landlord.
(5) If the landlord furnishes the particulars of his bank
account, the tenant shall deposit the rent and other charges
payable in such bank account from time to time.
(6) If the landlord does not furnish the particulars of the bank
account under sub-section (4), the tenant shall remit the rent
and the other charges payable to the landlord from time to time
through postal money order after deducting the postal charges.
CHAPTER - III
DEPOSIT OF RENT
17. Deposit of rent and other charges by the tenant.- (1)
Where the landlord does not accept any rent and other charges
tendered by the tenant within the time and the manner referred
to in section 16 or refuses or neglects to deliver a receipt referred
to therein, or where there is a bonafide doubt as to the person
or persons to whom the rent and other charges are payable, the
tenant may deposit such rent and other charges with the
Controller in the prescribed manner.
(2) The deposit shall be accompanied by an application by
the tenant containing the following particulars, namely:-
628
(a) the premises for which the rent and other charges
deposited with a description sufficient for identifying
the premises;
(b) the period for which the rent and other charges are
deposited;
(c) the name and address of the landlord or the person
or persons claiming to be entitled to such rent and
other charges;
(d) the reasons and circumstances for which the
application for depositing the rent is made;
(e) such other particulars as may be prescribed.
(3) On deposit of the rent and other charges being made,
the Controller shall send, in the prescribed manner, a copy of
the application to the landlord or persons claiming to be entitled
to the rent and other charges with an endorsement of the date of
the deposit.
(4) If an application is made for the withdrawal of any deposit
of rent and other charges, the Controller shall, if satisfied that
the applicant is the person entitled to receive the rent and other
charges deposited, order the amount of the rent and other
charges to be paid to him in the manner prescribed:
Provided that no order for payment of any deposit of rent
and other charges shall be made by the Controller under this
sub-section without giving all persons named by the tenant in
his application under sub-section (2) as claiming to be entitled to
payment of such rent and other charges an opportunity of being
heard and such order shall be without prejudice to the rights of
such persons to receive such rent and other charges being
decided by a court of competent jurisdiction.
629
(5) If, at the time of filing the application under sub-section

(4), but not after the expiry of thirty days from receiving the notice
of deposit, the landlord or the person or persons claiming to be
entitled to the rent and other charges complains or complain to
the Controller that the statements in the tenants application of
the reasons and circumstances which led him to deposit the rent
and other charges are untrue, the Controller, after giving the
tenant an opportunity of being heard, may levy on the tenant a
fine which may extend to an amount equal to two months rent
and other charges, if the Controller is satisfied that the said
statements were materially untrue and may order that the fine
realised or any part thereof be paid to the landlord as
compensation.
(6) The Controller may, if upon complaint of the tenant and
after giving an opportunity to the landlord of being heard, is
satisfied that the landlord has refused to accept the rent through
the tenant to him within the time specified in sub-section (1) of
Section 16 without reasonable cause, levy on the landlord a
penalty which may extend upto an amount equivalent of two
months rent and may further order that the penalty realised or
any part of it be paid to the tenant as compensation.
18. Time limit for making deposit and consequences of
incorrect particulars in application for deposit.- (1) No rent
and other charges deposited under section 17 shall be considered
to have been validly deposited under that section, unless the
deposit is made within twenty-one days of the time referred to in
section 16 for payment of the rent and other charges.
(2) No such deposit shall be considered to be validly made,
if the tenant wilfully makes any false statement in his application
for depositing the rent and other charges, unless the landlord
630
has withdrawn the amount deposited before the date of filing an

application for the recovery of possession of the premises from
the tenant.
(3) If the rent and other charges are deposited within the
time mentioned in sub-section (1) and does not cease to be a
valid deposit for the reason mentioned in sub-section (2), the
deposit shall constitute payment of rent and other charges to the
landlord, as if the amount deposited had been validly tendered.
19. Savings as to acceptance of rent and other charges
and forfeiture of rent in deposit.- (1) The withdrawal of rent
and other charges deposited under section 17 in the manner
provided therein shall not operate as an admission against the
person with-drawing of the correctness of the rate of rent and
other charges, the period of default, the amount due, or of any
other facts stated in the tenants application for depositing the
rent and other charges under the said section.
(2) Any rent and other charges in deposit which is not
withdrawn by the landlord or by the person or persons entitled to
receive such rent shall except in cases where there is bonafide
dispute of title be forfeited to Government by an order made by
the Controller, if it is not withdrawn before the expiration of five
years from the date of posting of the notice of deposit.
(3) Before passing an order of forfeiture, the controller shall
give notice to the landlord or the person or persons entitled to
receive the rent and other charges in deposit by registered post
at the last known address of such landlord or person or persons
and shall also publish the notice in his office and in any local
newspaper.
631
CHAPTER - IV
REGISTRATION OF MIDDLEMEN OR ESTATE AGENTS
20. Registration of Middlemen or Estate Agents.- (1)
Every Middleman or Estate Agent by whatever name called who
is engaged in brokerage of houses shall register his name with
the Controller of the area in which he is so engaged in such
manner and within such period and on payment of such fee, as
may be prescribed.
(2) A middleman or Estate Agent shall be entitled for
commission at such rate as may be prescribed.
(3) Every Middleman or Estate Agent shall renew his
registration within such time and on payment of such fee as may
be prescribed.
21. Middlemen or Estate Agents to file information and
returns.- (1) Every middleman or Estate Agent carrying on
business in any area from prior to the date of application of this
chapter to that area, shall within thirty days from the date of
application of this part submit to the Controller, a statement in
the prescribed form showing his name, place of business and
area of activity.
(2) Every Middleman or Estate Agent shall within ten days
from the last day of each quarter of every calender year file return
in such form and in such manner as may be prescribed, to the
Controller giving details of every transaction handled by him
during the quarter, and the brokerage or commission received
by him in each case.
22. Limitation of liability of middleman.- No Middleman or
Estate Agent shall be liable to pay to his principal in respect of
any premises any sum by way of rental charges which exceeds
the amount which he is entitled to receive under this Act, from
the tenant or tenants of the premises.
632
CHAPTER - V
CONTROLLERS, THEIR POWERS AND PROCEDURE
23. Appointment of Controllers.- (1) The State Government
may, by notification in the Official Gazette, appoint as many
Controllers as it thinks fit, and define the local limits within which,
each Controller shall exercise the powers conferred or perform
the duties imposed on Controllers by or under this Act.
(2) A person shall not be qualified for appointment as a
Controller,
(i) in any area referred to in Part A of the First Schedule
unless he has for at least five years held office as
Assistant Commissioner;
(ii) in any area referred to in Part B of the First Schedule
unless he has for atleast five years held office as a
Senior Tahsildar; and
(iii) in any other area unless he has for atleast three
years held office as a Tahsildar, in the Revenue
Service of the State.
24. Powers of Controller.- (1) The Controller shall have the
same powers as are vested in a Civil Court under the Code of
Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the
following matters, namely:-
(a) proof of facts by affidavit;
(b) summoning and enforcing attendance of any
person and examining him on oath;
(c) discovery and production of documents;
(d) issuing commission for local inspection and for
the examination of witnesses.
633
(2) For the purposes of holding an enquiry or discharging

any duty under this Act, the Controller may,-
(a) after giving not less than twenty-four hours notice in
writing, enter and inspect or authorise any officer
subordinate to him to enter and inspect any premises
at any time between sunrise and sunset; or
(b) by written order, require any person to produce for
his inspection all such accounts books or other
documents relevant to the inquiry at such time
and at such place as may be specified in the
order.
(3) The Controller may, if he thinks fit, appoint one or more
persons having special knowledge of the matter under
consideration as an assessor to advice him in the proceeding
before him.
25. Procedure to be followed by Controller and time limit
for deciding cases generally.- (1) No order which prejudicially
affects any person shall be made by the Controller under this
Act without giving such person a reasonable opportunity of
showing cause against the order proposed to be made, and until
his objection, if any, and any evidence that may be adduced in
support of the same have been considered by the Controller.
(2) The Controller shall, while holding enquiry in any
proceeding before him, follow such procedure as may be
prescribed.
(3) All proceedings before the Controller shall ordinarily
conclude within six months from the date of first
appearance of the Respondent in response to the
summons issued for his appearance in the case, or from
the date on which the respondent is set ex-parte:
634
Provided that the Controller may extend the hearing of

the case beyond six months for reasons to be recorded by him
on each day of hearing.
(4) In the case of an application under section 49,
the controller shall commence the hearing of the application within
seven days of the filing thereof and shall dispose off the same
as far as may be possible within thirty days of start of such
hearing, unless for reasons to be recorded the controller adjourns
the case beyond such time.
26. Appeal.- Any person aggrieved by an order passed by
the Controller under the provisions of chapters II, III or IV may
within thirty days from the date thereof, appeal,-
(i) to the Deputy Commissioner when the officer
passing the order is an officer not below the rank of
an Assistant Commissioner; and
(ii) to the Assistant Commissioner in any other
case,
and the appellate authority may pass such order in appeal as
it deems fit.
CHAPTER - VI
REGULATION OF EVICTION
27. Protection of tenants against eviction.- (1)
Notwithstanding anything to the contrary contained in any other
law or contract, no order or decree for the recovery of possession
of any premises shall be made by the Court, District Judge or
High Court in favour of the landlord against a tenant, save as
provided in sub-section (2).
635
(2) The Court may, on an application made to it in the

prescribed manner, make an order for the recovery of possession
of the premises on one or more of the following grounds only,
namely:-
(a) that the tenant has neither paid nor tendered the whole
of the arrears of the rent and other charges legally recoverable
from him within two months from the date on which a notice of
demand for payment of has been served on him by the landlord
in the manner provided in section 106 of the Transfer of Property
Act, 1882 (Central Act 4 of 1882):
Provided that a tenant shall not be entitled to the benefit
of service of notice by the landlord under this clause where, having
obtained such benefit once in respect of any premises, he again
makes a default in the payment of rent and other charges payable
in respect of those premises:
Provided further that where in a proceeding for eviction
of a tenant on the ground specified in this clause, the tenant is to
be evicted, the Court shall make an order directing the tenant to
vacate the premises unless he pays to the landlord or deposits
into Court within one month of the date of order, an amount
calculated at the rate at which it was last paid, for the period for
which the arrears of rent and other charges were legally
recoverable from him, including the period subsequent thereto
up to the end of the month previous to that in which payment or
deposit is made;
(b) that the tenant has,-
(i) on or after the date of application of Part V of the
Karnataka Rent Control Act, 1961 (Karnataka Act
22 of 1961) to the local area in relation to the
premises, but before the date of application of this
Chapter to such local area; or
636
(ii) after the commencement of this Act without the

consent in writing of the landlord,
sub-let, assigned or otherwise parted with the possession of the
whole or any part of the premises ;
(c) that the tenant has used the premises for a purpose
other than that for which they were let, without obtaining the
consent in writing of the landlord:
Provided that no application for recovery of possession
of any premises shall lie on this ground unless the landlord has
given to the tenant a notice by registered post served personally
on him requiring him to stop the misuse of the premises and the
tenant has refused or failed to comply with such requirement
within one month of the date of service of the notice and no
order for eviction against the tenant shall be made in such a
case, unless the Court is satisfied that the misuse of the premises
is of such a nature that it is a public nuisance or that it causes
damage to the interest of the landlord;
(d) that the premises were let and,-
(i) the tenant or any member of his family has not been
in occpation thereof for a period of six months;
(ii) the tenant has not been in occpation thereof, without
a reasonable cause for a period of two years,
immediately before the date of the filing of the application for the
recovery of possession thereof:
Provided that the landlord may, on request in writing of
the tenant, permit occupancy of the premises by a person other
than the tenant or his family not exceeding the period of tenancy.
Explanation.- For the purposes of this clause and clause (r),
"family" means parents, spouse, dependent sons and daughters
637
or such other relatives as are ordinarily living with the tenant and
are dependent upon him;
(e) that the premises or any part thereof have become unsafe
or unfit for human habitation and are required by the landlord for
carrying out repairs or re-construction which cannot be carried
out without the premises being vacated:
Provided that no order for the recovery of possession
under this clause, or clauses (g), (h) or (i) shall be made unless
the Court is satisfied that the plans and estimates of such repairs
or re-construction, as the case may be, have been properly
prepared and that the landlord has the necessary means to carry
out the said repairs or re-construction:
Provided further that if the landlord proposes to change
the use of the premises after re-construction, then, he shall so
specify in his application for recovery of possession and, after
such re-construction, the landlord shall, if it is otherwise
permissible under law, utilize the built up area equal to the
previous area for the original use to the extent required for the
purpose of sub-section (1) of section 35 and the rest for any
other use;
(f) that the premises or any part thereof are required by the
landlord for the purpose of immediate demolition ordered by the
Government or any local authority or the premises are required
by the landlord to carry out any building work at the instance
of the Government or a local authority in pursuance of any
improvement scheme or development scheme and that such
building work cannot be carried out without the premises being
vacated;
(g) that the premises or any part thereof are required by the
landlord for carrying out any repairs which cannot be carried out
without the premises being vacated;
638
(h) that the premises are required by the landlord for the
purpose of building or re-building or make thereto any substantial
addition or alteration including construction on the terrace of the
premises or on the appurtenant land and that such building or
re-building or addition or alteration cannot be carried out without
the premises being vacated;
(i) that the premises consist of not more than two floors and
the same are required by the landlord for the purpose of
immediate demolition with a view to re-build the same:
Provided that where the building of which such premises
possession in respect of which has been recovered under clause
(e), clause (f), clause (g) or clause (h) forms a part has been re-
built to an extent of less than seventy-five per cent, a tenant so
dispossessed shall have a right to re-entry at the new terms of
tenancy in the premises in the re-built building equivalent in area
to the original premises for which he was a tenant;
(j) that the tenant, his spouse or a dependent son or daughter
ordinarily living with him has whether before or after the
commencement of this Act, built or acquired vacant possession
of or been allotted a residence or as the case may be a
commerical premises :
Provided that the Court may in appropriate cases allow
the tenant to vacate the premises within such period as he may
permit but not exceeding one year from the date of passing of
the order of eviction;
(k) that the premises were let to the tenant for use as a
residence by reason of his being in the service or employment of
the landlord, and that the tenant has ceased, whether before or
after the commencement of this Act, to be in such service or
employment:
639
Provided that no order for the recovery of possession of

any premises shall be made on this ground if the Court is of the
opinion that there is any bonafide dispute as to whether the tenant
has ceased to be in the service or employment of the landlord;
(l) that the tenant has, whether before or after the
commencement of this Act, caused or permitted to be caused
substantial damage to, or such alteration of, the premises as
has the effect of changing its identity or diminishing its value.
Explanation.- For the purposes of this clause, "substantial
damage" shall mean such damage as shall involve an expenditure
equivalent to six months rent or more of the premises or such
less expenditure as the Court is satisfied keeping in view, the
special nature of damage, justifies the same to be treated as
substantial damage for carrying out the repairs for such damage:
any premises shall be made on the ground specified in this clause,
if the tenant, within such time as may be specified in this behalf
by the Court, carries out repairs to the damage caused to the
satisfaction of the Court or pays to the landlord such amount by
way of compensation as the Court may direct;
(m) that the tenant or any person residing or carrying on
business with the tenant has been convicted of causing nuisance
or annoyance to a person living in the neighbourhood of the
premises or has been convicted of using or allowing the use of
the premises for an immoral or illegal purpose;
(n) that the tenant has, notwithstanding previous notice,
used or dealt with the premises in a manner contrary to any
condition imposed on the landlord by the Government or the
Local Authority while giving him a lease of the land on which the
premises are situate:
640

any premises shall be made on this ground if the tenant, within
such time as may be specified in this behalf by the Court, complies
with the condition imposed on the landlord by any of the authorities
referred to in this clause or pays to the authority imposing such
conditions the amount by way of compensation as the Court may
direct;
(o) that the tenant in his reply having denied the ownership
of landlord, has failed to prove it or that such denial was not
made in a bonafide manner;
(p) that the person in occupation of the premises has failed
to prove that he is a bonafide tenant;
(q) that the tenant after having agreed with or having informed
the landlord in writing the date to vacate the premises does not
do so on or after the date so agreed or informed;
(r) that the premises let are required, whether in the same
form or after re-construction or re-building, by the landlord for
occupation for himself or for any member of his family if he is the
owner thereof, or for any person for whose benefit the premises
are held and that the landlord or such person has no other
reasonably suitable accommodation:
Provided that where the landlord has acquired the
premises by transfer, no application for the recovery of possession
of such premises shall lie under this clause unless a period of
one year has elapsed from the date of the acquisition:
Explanation-I.- For the purposes of this clause and
sections 28 to 31,-
(i) where the landlord in his application supported by
an affidavit submits that the premises are required
by him for occupation for himself or for any member
641
of his family dependent on him, the Court shall

presume that the premises are so required;
(ii) premises let for a particular use may be required by
the landlord for a different use if such use is
permissible under law.
Explanation-II.- For the purposes of this clause and
sections 28 to 31 an occupation by the landlord of any part of a
building of which any premises let out by him forms a part shall
not disentile him to recover the possession of such premises.
Explanation-III.- For the purposes of this clause, and
sections 28 to 31 owner of the premises includes a person
who has been allotted such premises by the Bangalore
Development Authority or any other local authority by way of an
agreement of hire-purchase, lease or sub-lease, even before
the full ownership rights accrue to such hire-purchaser, lessee
or sub-lessee, as the case may be;
(s) that where the landlord is a trustee of any Public
Charitable trust, the premises are required for occupation for
the purpose of the trust;
(3) In any proceeding for eviction under clause (e), (f), (g),
(h) or (r) of sub-section (2) or sections 28 to 31 the Court may
allow eviction from only a part of the premises if the landlord is
agreeable to the same :
Provided that, in case of such part-eviction, the rent and
other charges payable by the tenant shall be decreased in
proportion to the part vacated.
(4) No order for the recovery of possession in any proceeding
under sub-section (2) shall be binding on any sub-tenant referred
to in section 33 who has given notice of his sub-tenancy to the
landlord under the provision of that section, unless the sub-tenant
642
is made a party to the proceeding and the order for eviction is

made binding on him.
to accrue to certain persons.- (1) Where a landlord who being
a person in occupation of any premises allotted to him by the
Government or any local authority is required, by, or in pursuance
of, any general or special order made by that Government or
authority, to vacate such premises or in default, to incur certain
obligations, on the ground that he owns, in the local area, where
he normally resides or carrying on business, an accommodation
either in his own name or in the name of his wife or dependent
child, there shall accrue, on and from the date of such order, to
such landlord, notwithstanding anything contained elsewhere in
this Act or in any other law for the time being in force or in any
contract (whether express or implied), custom or usage to the
contrary, a right to recover immediate possession of any premises
let out by him :
Provided that nothing in this section shall be construed
as conferring a right on a landlord owning, in the local area where
he normally resides two or more premises, whether in his own
name or in the name of his wife or dependent child, to recover
the possession of more than one premises and it shall be lawful
for such landlord to indicate the premises, possession of which
he intends to recover.
Explanation.- For the purpose of this section and sections
29, 30 and 31 immediate possession shall mean possession
recoverable on the expiry of sixty days from the date of order of
eviction.
(2) Where the landlord exercises the right of recovery
conferred on him by sub-section (1), or sections 27, 29, 30 or 31
and he had received,-
643
(a) any rent in advance from the tenant, he shall, within

a period of ninety days from the date of recovery of
possession of the premises by him, refund to the
tenant such amount as represents the rent payable
for the unexpired portion of the lease ;
(b) any other payment, he shall, within the period
aforesaid, refund to the tenant a sum which shall
bear the same proportion to the total amount so
received, as the unexpired portion of the contract or
agreement, lease bears to the total period of contract
or agreement or lease:
Provided that, if any default is made in making any refund
as aforesaid, the landlord shall be liable to pay simple interest at
the rate of twelve per cent, per annum on the amount which he
has omitted or failed to refund.
to accrue to members of the armed forces, etc.- (1) Where
the landlord,-
(a) is a released or retired person from any armed
forces and the premises let out by him, his spouse
or his dependent son or daughter are required for
his own use; or
(b) is a dependent of a member of any armed forces
who had been killed in action and the premises let
out by such member are required for the use of the
family of such member,
such person his spouse or his dependent son or daughter, as
the case may be, may, within one year from the date of his
release or retirement from such armed forces or, as the case
may be, the date of death of such member, or within a period
644
of one year from the date of commencement of this Act,

whichever is later, apply to the Court for recovering the
immediate possession of such premises.
(2) Where the landlord is a member of any of the armed
forces and has a period of less than one year preceding the date
of his retirement and the premises let out by him, his spouse or
his dependent son or daughter are required for his own use after
his retirement, he may, at any time, within a period of one year
before the date of his retirement, apply to the Court for recovering
(3) Where the landlord referred to in sub-section (1) or sub-
section (2) has let out more than one premises, it shall be open
to him, his spouse or his dependent son or daughter to make an
application under that sub-section in respect of only one of the
premises chosen by him.
Explanation.- For the purposes of this section, "armed forces"
means an armed force of the Union constituted under an Act of
Parliament and includes a member of the police force constituted
under the Karnataka Police Act, 1963.
to accrue to employee of State or Central Government.- (1)
Where the landlord is a retired employee of the State or Central
Government, and the premises let out by him, his spouse or his
dependent son or daughter are required for his own use, such
employee may, within one year from the date of his retirement or
within a period of one year from the date of commencement of
this Act, whichever is later, apply to the Court for recovering
(2) Where the landlord is an employee of the State or Central
Government and has a period of less than one year preceding
645
the date of his retirement and the premises let out by him, his
spouse or his dependent son or daughter are required by him
for his own use after his retirement, he may, at any time within a
period of one year before the date of his retirement, apply to the
Court for recovering immediate possession of such premises.
(3) Where the landlord, his spouse or his dependent son or
daughter referred to in sub-section (1) or sub-section (2) has let
out more than one premises, it shall be open to him, his spouse
or his dependent son or daughter, as the case may be to make
an application under that sub-section in respect of only one of
the premises chosen by him.
to accrue to a widow.- (1) Where the landlord is,-
(a) a widow and the premises let out by her, or by her
husband;
(b) a handicapped person and the premises let out by
him;
(c) a person who is of the age of sixty-five years or more
and the premises let out by him,
is required for use by her or him or for her or his family or for
any one for ordinarily living with her or him for use, she or he
may apply to the Court for recovery of immediate possession
of such premises.
(2) Where the landlord referred to in sub-section (1) has let
out more than one premises, it shall be open to him to make an
application under that sub-section in respect of any one residential
and one non-residential premises each chosen by him.
Explanation-I.- For the purposes of this section,
handicapped person shall mean a person who is as if being an
646
assessee entitled for the time being to the benefits of deduction

under section 80U of the Income Tax Act, 1961 (Central Act 48
of 1961).
Explanation-II.- The right to recover possession under
this section shall be exercisable only once in respect of each for
residential and for non-residential use.
32. Restriction on sub-letting.- (1) Where, at any time
before the date of application of Part V of the Karnataka Rent
Control Act, 1961 (Karnataka Act 22 of 1961) to the local area in
relation to the premises, a tenant has sub-let the whole or any
part of the premises and the sub-tenant is, at the commencement
of this Act, in occupation of such premises, then, notwithstanding
that the consent of the land lord was not obtained for such sub-
letting the premises shall be deemed to have been lawfully sub-
let.
(2) After the commencement of this Act, no tenant shall,
without the previous consent in writing of the landlord,-
(a) sub-let the whole or any part of the premises
held by him as a tenant; or
(b) transfer or assign his rights in the tenancy or in
any part thereof.
(3) No landlord shall claim or receive the payment of any
sum as premium or pugree or claim or receive any consideration
whatsoever in cash or in kind for giving his consent to the sub-
letting of the whole or any part of the premises held by the tenant.
33. Notice of creation and termination of sub-tenancy.-
(1) Where after the commencement of this Act, any premises
are sub-let either in whole or in part by the tenant with the previous
consent in writing of the landlord, the tenant or the sub-tenant to
647
whom the premises are sub-let may, in the prescribed manner,

give notice to the landlord of the creation of the sub-tenancy
within one month of the date of such sub-letting and notify the
termination of such sub-tenancy within one month of such
termination.
(2) Where, before the commencement of this Act, any
premises have been lawfully sub-let either in whole or in part by
the tenant, the tenant or the sub-tenant to whom the premises
have been sub-let may, in the prescribed manner, give notice to
the landlord of the creation of the sub-tenancy within six months
of the commencement of this Act, and notify the termination of
such sub-tenancy within one month of such termination.
34. Sub-tenant to be tenant in certain cases.- Where an
order for eviction in respect of any premises is made under section
27 against a tenant but not against a sub-tenant referred to in
section 32 and a notice of the sub-tenancy has been given to the
land-lord, the sub-tenant shall, with effect from the date of the
order, be deemed to become a tenant holding directly under the
landlord in respect of the premises in his occupation on the same
terms and conditions on which the tenant would have held from
the landlord, if the tenancy had continued.
35. Recovery of possession for occupation and re-entry.-
(1) Where a land-lord recovers possession of any premises from
the tenant in pursuance of an order made under clause (f) of
sub-section (2) of section 27, or under sections 28, 29, 30, 31 or
37, the land lord shall not, except with the permission of the
Court obtained in the prescribed manner, re-let the whole or any
part of the premises within three years from the date of obtaining
such possession, and in granting such permission, the Court
may direct the landlord or unless the tenant waives the right,
put such evicted tenant in possession of the premises:
648
Provided that where a landlord recovers possession of

any premises from the tenant in pursuance of an order made
under clause (r) of sub-section (2) of section 27 for occupation
after re-construction or re-building, the period of three years shall
be reckoned from the date of completion of re-construction or
re-building, as the case may be.
(2) Where a landlord recovers possession of any premises
as aforesaid and the premises are not occupied by the landlord
or by the person for whose benefit the premises are held, within
two months of obtaining such possession, or the premises having
been so occupied are, at any time within three years from the
date of obtaining possession, re-let to any person other than the
evicted tenant without obtaining the permission of the Court under
sub-section (1) or the possession of such premises is transferred
to another person for reasons which do not appear to the Court
to be bonafide, the Court may, on an application made to him in
this behalf by such evicted tenant within such time as may be
prescribed, direct the landlord to put the tenant in possession of
the premises or to pay him such compensation as the Court
thinks fit.
36. Recovery of possession for repairs and re-building
and re-entry.- (1) In making any order on the grounds specified
in clauses (h) or (i) of sub-section (2) of section 27 or of sections
28, 29,30,31 or 37 the Court shall unless the landlord has obtained
permission for conversion of user of the premises after re-building
and repair, for a commercial purpose ascertain from the tenant
whether he elects to be placed in occupation of the premises or
part thereof from which he is to be evicted and if the tenant so
elects, shall record the fact of the election in the order and specify
therein the date on or before which he shall deliver possession
so as to enable the landlord to commence the work of repairs or
649
building or re-building, as the case may be, and the date before
which the landlord shall deliver the possession of the said
premises.
(2) If the tenant delivers possession on or before the date
specified in the order, the landlord shall, on the completion of
the work of repairs or building or re-building, place the tenant
in occupation of the premises or part thereof before the date
specified in sub-section (1) or such extended date as may be
specified by the Court by an order.
(3) If, after the tenant has delivered possession on or
before the date specified in the order, the landlord fails to
commence the work of repairs or re-building within one month
of the specified date or fails to complete the work in a
reasonable time or having completed the work, fails to place
the tenant in occupation of the premises in accordance with sub-
section (2), the Court may, on an application made to him in
this behalf by the tenant within such time as may be prescribed,
order the landlord to place the tenant in occupation of the
premises or part thereof or to pay to the tenant such
compensation being an amount not less than three times of the
standard rent of that premises as the Court thinks fit.
37. Recovery of possession in case of tenancies for
limited period.- (1) Where a landlord does not require the whole
or any part of any premises for a particular period, and the
landlord, after obtaining the permission of the Court in the
prescribed manner, let the whole of the premises or part thereof
for such period as may be agreed to in writing between the
landlord and the tenant and the tenant does not, on the expiry of
the said period, vacate such premises, then, notwithstanding
anything contained in section 27 or in any other law, the Court
may, on an application made to it in this behalf by the landlord
650
within such time as may be prescribed, place the landlord in

vacant possession of the premises or part thereof by evicting
the tenant and every other person who may be in occupation of
such premises.
(2) The Court shall not,-
(i) grant permission under sub-section (1) in relation to
a premises consecutively more than two times
except for good and sufficient reasons to be recorded
in writing.
Explanation.- A permission granted under sub-section (1)
shall not be construed to be consecutive, if a period of five years
or more has elapsed after the expiry of the last limited period
tenancy;
(ii) entertain any application from the tenant calling in
question the bonafides of the landlord in letting the premises
under this section.
(3) All applications made before the Court and revision made
before the District Judge or the High Court by the tenant shall
abate on the expiry of the period for which permission has been
granted under sub-section (1).
(4) While making an order under sub-section (1), the Court
may award to the landlord damages for the use or occupation of
the premises at double the last rent paid by the tenant together
with interest at the rate of fifteen per cent per annum for the
period from the date of such order till the date of actual vacation
by the tenant.
38. Special provision for recovery of possession in
certain cases.- Where the landlord in respect of any premises
is any company or other body corporate or any public institution,
651
then, notwithstanding anything contained in section 27 or in any

other law, the Court may, on an application made to it in this
behalf by such landlord, place the landlord in vacant possession
of such premises by evicting the tenant and every other person
who may be in occupation thereof, if the Court is satisfied:-
(a) that the tenant to whom such premises were let for
use as a residence at a time when he was in the
service or employment of the landlord, has ceased
to be in such service or employment; or
(b) that the tenant has acted in contravention of
the terms, express or implied, under which he was
authorised to occupy such premises; or
(c) that any other person is in unauthorised occupation
of such premises; or
(d) that the premises are required bonafide by the public
institution for the furtherence of its activities.
Explanation.- For the purposes of this section "Public institution"
does not include any such institutions set up by a
Private Trust.
39. Permission to construct additional structures.- Where
the landlord proposes to make any improvement in or construct
any additional structure on, any building, which has been let to a
tenant and the tenant refuses to allow the landlord to make
such improvement or construct such additional structure and the
Court, on an application made to it in this behalf by the landlord,
is satisfied that the landlord is ready and willing to commence
the work and that such work will not cause any undue hardship
to the tenant, the Court may permit the landlord to do such work
and may make such other order as it thinks fit in the
circumstances of the case.
652
40. Special provision regarding vacant building sites.-

Notwithstanding anything contained in section 27 where any
premises let comprise of vacant land upon which it is
permissible under the building regulations or municipal bye-laws,
for the time being in force, to erect any building, whether for use
as a residence or for any other purpose and the landlord
proposing to erect such building is unable to obtain possession
of the land from the tenant by agreement with him and the Court,
on an application made to it in this behalf by the landlord, is
satisfied that the landlord is ready and willing to commence the
work and that the severance of the vacant land from the rest of
the premises will not cause undue hardship to the tenant, the
Court may,-
(a) direct such severance;
(b) place the landlord in possession of the vacant land;
(c) refer the case to the Controller to determine the rent
payable by the tenant in respect of the rest of
the premises; and
(d) make such other order as it thinks fit in the
circumstances of the case.
41. Vacant possession to landlord.- Notwithstanding
anything contained in any other law, where the interest of a tenant
in any premises is determined for any reason whatever and an
order is made by the Court under this Act for the recovery of
possession of such premises, the order shall subject to the
provisions of section 34, be binding on all persons who may be
in occupation of the premises and vacant possession thereof
shall be given to the landlord by evicting all such persons
therefrom:
653
Provided that nothing in this section shall apply to any person

who has an independent title to such premises.
42. Procedure to be followed by the Court.- (1) No order
which prejudicially affects any person shall be made by the Court
under this Act without giving him a reasonable opportunity of
showing cause against the order proposed to be made and until
his objections, if any, and any evidence he may produce in support
of the same have been considered by the Court.
(2) Subject to any rules that may be made under this Act
and the other provisions of this Act, the Court shall, while holding
an inquiry in any proceeding before it, follow as far as may be
the practice and procedure of a Court of Small Causes, including
recording of evidence.
(3) The Court shall not ordinarily allow more than three
adjournments at the request of a party throughout the
proceedings and in case it decides otherwise, it shall record its
reasons therefor and order to pay the other party reasonable
cost of adjournment.
(4) The Court shall, in addition to, and simultaneously with
the issue of summons for personal service on the opposite
party, also direct the summons to be served by registered post
acknowledgement due, addressed to the opposite party or his
agent empowered to accept the service at the place where the
opposite party or his agent actually and voluntarily resides or
carries on business or personally works for gain and may, if the
circumstances of the case so require, also direct the publication
of the summons in a newspaper circulating in the locality in which
the opposite party is last known to have resided or carried on
business or personally worked for gain.
654
(5) When an acknowledgement purporting to be signed by

the opposite party or his agent is received by the Court or the
registered article containing the summons is received back with
an endorsement purporting to have been made by a postal
employee that the addressee had refused to take delivery of the
registered article, the Court may declare that there has been a
valid service of summons.
(6) (a) every application by a landlord for the recovery of
possession of any premises on the ground specified in clauses
(f), (h) or (n) of sub-section (2) of section 27, or under sections
30,31 or 37 shall be dealt with in accordance with the procedure
specified in this sub-section.
(b) the tenant on whom the summons is duly served whether
in the ordinary way or by registered post in the prescribed form
shall not contest the prayer for eviction from the premises unless
he files an affidavit stating the grounds on which he seeks to
contest the application for eviction and obtains leave of the Court
as hereinafter provided and in default of his appearance in
pursuance of the summons or of obtaining such leave, the
statement made by the landlord in his application for eviction
shall be deemed to be admitted by the tenant and the applicant
shall be entitled to an order for eviction on the ground aforesaid.
(c) the Court shall give to the tenant leave to contest the
application if the affidavit filed by the tenant discloses such facts
as would disentitle the landlord from obtaining an order for the
recovery of possession of the premises.
(d) where leave is granted to the tenant to contest the
application, the Court shall ordinarily commence the hearing of
the application within seven days of the grant of such leave and
shall provide day-to-day hearing and dispose off the application
655
within thirty days of commencement of such hearing. Failing

such commencement of hearing or disposal of application within
such time, the Court shall make a record of its reasons therefor.
(e) where the leave to contest under clause (c) is denied to
the tenant, he may file an application for review before the Court
within ten days of such denial and the Court shall endeavour to
dispose of such application within seven days of its filing.
(7) Every application made to the Court shall be heard as
expeditiously as possible and endeavour shall be made to
conclude the hearing and to dispose off the application within six
months of it being filed.
43. Dispute of relationship of landlord and tenant.- (1)
where in any proceeding before the Court, a contention is raised
denying the existence of relationship of landlord and tenant as
between the parties it shall be lawful for the Court to accept the
document of lease or where there is no document of lease, a
receipt of acknowledgement of payment of rent purported to be
signed by the landlord as prima-facie evidence of relationship
and proceed to hear the case.
(2) Where.-
(a) the lease pleaded is oral and either party denies
relationship, and no receipt or acknowledgement of payment of
rent as referred to in sub-section (1) above is produced, or
(b) in the opinion of the Court there is reason to supsect the
genuine existence of the document of lease or the receipt or
acknowledement of payment of rent.
the Court shall at once stop all futher proceedings before it and
direct the parties to approach a competent Court of civil
jurisdication for declaration of their rights.
656
44. Court to promote negotiated settlement of disputes.-

(1) The Court shall, in all cases where the respondent enters or
is permitted to enter defence against the application, at any time
before the evidence is recorded in the case, endeavour to bring
about a negotiated settlement of the dispute between the parties,
in appropriate cases, by referring them to the appropriate
Authority under the Legal Services Authorities Act, 1987 (Central
Act 39 of 1987)
(2) Without prejudice to the provisions of sub-section (1) and
subject to such rules as may be prescribed, the Court shall follow
such procedure as it deems proper to promote a compromise
expeditiously
(3) Where there has been a settlement of the case by
compromise, the court shall record the terms of the compromise
and pass final order in those terms.
45. Deposit and payment of rent during the pendency of
proceedings for eviction.- (1) No tenant against whom an
application for eviction has been made by a landlord under section
27, shall be entitled to contest the application before the Court
under that section or to prefer or prosecute a revision petition
under section 46 against an order made by the Court on
application under section 27 unless he has paid or pays to the
landlord or deposits with the Court or the District Judge or the
High Court, as the case may be, all arrears of rent and other
charges due in respect of the premises upto the date of payment
or deposits and continues to pay or to deposit any rent which
may subsequently become due in respect of the premises at the
rate at which it was last paid or agreed to be paid, until the
termination of the proceedings before the Court or the District
Judge or the High Court, as the case may be.
657
(2) The deposit of the rent and other charges under

sub-section (1) shall be made within the time and in the manner
prescribed and shall be accompanied by such fee as may be
prescribed for the service of the notice referred to in
sub-section (5).
(3) Where there is any dispute as to the amount of rent and
other charges to be paid or deposited under sub-section (1), the
Court shall, on application made to it either by the tenant or the
landlord and after making such enquiry as it deems necessary
determine summarily the rent to be so paid or deposited.
(4) If any tenant fails to pay or deposit the rent as aforesaid,
the Court, the District Judge or the High Court as the case may
be, shall unless the tenant has shown sufficient cause to the
contrary, stop all further proceedings and make an order
directing the tenant to put the landlord in possession of the
premises or dismiss the appeal or revision petition, as the case
may be.
(5) When any deposit is made under sub-section (1) the
Court, the District Judge or the High Court, as the case may be,
shall cause notice of the deposit to be served on the landlord in
the prescribed manner and the amount deposited may, subject
to such conditions as may be prescribed, be withdrawn by the
landlord on application made by him to the Court in this behalf.
46. Revision.- (1) The High Court may, at any time call for
and examine any order passed or proceeding taken by the Court
of Small Causes or the Court of Civil Judge (Senior Division)
referred to in items (i) and (ii) of clause (c) of section 3 for the
purpose satisfying itself as to the legality or correctness of such
order or proceeding and may pass such order in reference thereto
as it thinks fit.
658
(2) The District Judge may at any time call for and examine
any order passed or proceeding taken by the Court of Civil Judge
(Junior Division) referred to in item (iii) of clause (c) of section 3
for the purpose of such order or proceeding and may pass such
order in reference thereto as he thinks fit.
(3) The costs incidental to all proceedings before the High
Court or the District Judge shall be in the discretion of the High
Court or the District Judge as the case may be.
CHAPTER - VII
SPECIAL OBLIGATIONS OF LANDLORDS AND
TENANTS
47. Landlords duty to keep the premises in good
repair.- (1) Subject to any contract in writing to the contrary every
landlord shall be bound to keep the premises in good and
tenantable repairs in relation to matters falling under Part A of
Schedule V.
Explanation.- Good and tenantable repairs under this
section and under section 49 shall mean such repairs as shall
keep the premises in the same condition in which it was let out,
except for the normal wear and tear.
(2) Where any repairs in relation to a matter falling under
Part A of Schedule V without which the premises are not habitable
or useable except with undue inconvenience are to be made
and the landlord neglects or fails to make them within a period of
three months after notice in writing, the tenant may apply to the
Controller for permission to make such repairs himself and may
submit to the Controller an estimate of the cost of such repairs,
and, the Controller, may, after giving the landlord an opportunity
659
of being heard and after considering such estimate of the cost

and making such inquiries as he may consider necessary, by
an order in writing, permit the tenant to make repairs at such
cost as may be specified in the order and it shall thereafter be
lawful for the tenant to make such repairs himself and to deduct
the cost thereof, from the rent or otherwise recover it from the
landlord:
Provided that the amount so deducted or recoverable from
rent in any year shall not exceed one-half of the rent payable
by the tenant for that year and any amount remaining not
recovered in that year shall be deducted or recovered from the
rent in the subsequent years at the rate of not more than twenty-
five percent of the rent for a month:
Provided further that where there are more than one premises
owned by a landlord in a building, the tenants thereof may jointly
carry out the repairs and share the expenses proportionately.
(3) Nothing in sub-section (2) shall apply to premises,-
(a) which at the time of letting out was not habitable or
useable except with undue inconvenience and the tenant had
agreed to take the same in that condition;
(b) which was after being let out, caused to be not habitable
or useable except with undue inconvenience, by the tenant.
48. Duties of tenant.- (1) Every tenant shall be bound to
keep the premises in good and tenantable repairs in relation to
matters falling under Part B of Schedule V.
(2) Where any repairs, in relation to a matter falling under
Part B of Schedule V, without which the premises are not
habitable or useable except with undue inconvenience are to be
made and the tenant neglects or fails to make them within a
660
period of two months after notice in writing, the landlord may

apply to the Controller for permission to make such repairs himself
and may submit to the Controller an estimate of the cost of such
repairs, and, thereupon the Controller may, after giving the tenant
an opportunity of being heard and after considering such estimate
of the cost and making such enquiries as he may consider
necessary, by an order in writing, permit the landlord to make
such repairs at such cost as may be specified in the order, and it
shall thereafter be lawful for the landlord to make such repairs
himself and to recover the cost of such repairs, which shall in no
case exceed the amount so specified, from the tenant.
(3) The landlord or a person authorised by him shall have
the right to enter and inspect the premises after notice to the
tenant in the manner prescribed.
(4) The tenant shall make good all damages caused to the
premises by his negligence within three months of being informed
in writing to do so by the landlord falling which the landlord may
apply to the Controller for permission to make good the said
damages and the Controller shall decide the matter in the manner
provided in sub-section (2).
(5) The tenant shall hand over possession of the premises
on determination of tenancy in the same condition, except for
the normal wear and tear, as it was in when it was handed over
to him at the beginning of such tenancy and in a case where
certain damages have been caused, not being damages caused
by force major, the tenant shall make good the damages caused
to the premises failing which landlord may apply to the Controller
for permission to make good the said damages and the
Controller shall decide the matter in the manner provided in sub-
section (2).
661
(6) The tenant shall not, whether during the subsistance of

tenancy or thereafter, demolish any improvement or alteration
carried out by him in the premises or remove any material used
in such improvement or alteration, other than any fixture of a
removable nature, without the permission of the landlord failing
which such demolition or alteration shall be deemed to be a
damage caused by such tenant under sub-section (4) and shall
be dealt with accordingly.
49. Cutting off or withholding essential supply or
service.- (1) No landlord either himself or through any person
purporting to act on his behalf shall without just and sufficient
cause cut off or withhold any essential supply or service enjoyed
by the tenant in respect of the premises let to him.
(2) If a landlord contravenes the provisions of sub-section
(1), the tenant may make an application to the Controller
complaining of such contravention.
(3) If the Controller is satisfied that the essential supply or
service was cut off or withheld by the landlord with a view to
compel the tenant to vacate the premises or to pay an enhanced
rent, the Controller may pass an order directing the landlord to
restore the amenities immediately, pending enquiry referred to
in sub-section (4).
Explanation.- An interim Order may be passed under this
sub-section without giving notice to the landlord.
(4) If the Controller on inquiry finds that the essential
supply or service enjoyed by the tenant in respect of the premises
was cut off or withheld by the landlord without just and sufficient
cause, he shall make an order directing the landlord to restore
such supply or service.
662
(5) The Controller may in his discretion direct that

compensation not exceeding fifty rupees,-
(a) be paid to the landlord by the tenant, if the application
under sub-section (2) was made frivolously or
vexatiously;
(b) be paid to the tenant by the landlord, if the landlord
had cut off or withheld the supply or service without
just and sufficient cause.
Explanation I.- In this section, "essential supply or
service" includes supply of water, electricity, lights in passage
and on staircases, conservancy and sanitary services
Explanation II.- For the purposes of this section,
withholding any essential supply or service shall include acts or
omissions attributable to the landlord on account of which the
essential supply or service is cut off by the local authority or any
other competent authority.
CHAPTER - VIII
MISCELLANEOUS
50. Jurisdiction of Civil Courts barred in respect of certain
matters.- (1) Save as otherwise expressly provided in this Act,
no Civil Court shall entertain any suit or proceeding in so far as it
relates to the fixation of standard rent in relation to any premises
to which this Act applies or to any other matter which the
Controller is empowered by or under this Act to decide, and no
injunction in respect of any action taken or to be taken by the
Controller under this Act shall be granted by any Civil Court or
other authority.
663
(2) Nothing in sub-section (1) shall be construed as

preventing a Civil Court from entertaining any suit or proceeding
to decide any question of title to any premises to which this Act
applies or any question as to the person or persons who are
entitled to receive the rent of such premises.
51. Proceedings by or against legal representatives.- (1)
Any application made, appeal preferred, or proceeding taken
under this Act by or against any person, may, in the event of his
death be continued by or against his legal representative.
(2) Where any application, appeal or other proceeding would
have been made, preferred or taken under this Act by or against
any person, such application, appeal or other proceeding may,
in the event of his death, be made, preferred or taken by or
against his legal representative.
52. Landlord and tenant to furnish particulars.- Every
landlord and every tenant of a building shall be bound to furnish
to the Controller or any person authorised by him in that behalf,
such particulars in respect of the building as may be prescribed.
53. Cognizance of offences and Power to prosecute.- (1)
No Court inferior to that of a Judicial Magistrate of the First Class
shall take cognizance of any offence punishable under this Act.
(2) All offences under the Act shall be bailable and non-
cognizable.
(3) The Controller or any other officer authorised by the State
Government in this behalf may prosecute any person for
contravention of any of the provisions of this Act or the rules
made thereunder.
54. Offences and penalties.- Without prejedice to any other
action that may be taken to enforce the regulation or this Act,-
664
(i) If any landlord or tenant fails to present copy of the lease

agreement as required under sub-section (2) of section 4 or fails
to file the particulars as required under the proviso thereto, he
shall on conviction be punishable with fine upto two thousand
rupees or with simple imprisonment for a term upto one month
or with both and shall also be liable to fine of rupees five hundred
for each day of continuing default till the agreement is presented
or as the case may be particulars furnished ;
(ii) If any person contravenes the provisions of section 11,
he shall on conviction be punishable with fine which may extend
to a sum which exceeds the unlawful charges claimed or received
by two thousand five hundred rupees or with simple imprisonment
for a term upto one month or with both ;
(iii) Every middleman or Estate agent who.-
(a) fails to register his name in contravention or sub-section
(1) of section 20 shall on conviction be punishable with fine upto
two thousand rupees or with simple imprisonment for a term
upto one month or with both, and shall also be liable to fine of
rupees two thousand for each day of continuing default till he
complies with the law ;
(b) fails to submit statements as required under sub-section
(1) of section 21 shall on conviction be punishable with fine upto
one thousand rupees or with simple imprisonment for a term
upto one month or both and shall also be liable to fine of rupees
two hundred for each day of continuing default till the statement
is filed ;
(c) fails to file returns as required under sub-section (2) of
section 21 shall on conviction be punishable with a fine upto two
thousand rupees or with simple imprisonment for a term upto
one month or with both, and shall also be liable to fine of two
665
hundred rupees for each day of continuing default till the returns
are filed ;
(iv) If any tenant sub-lets, assigns or otherwise parts with
the possession of, the whole or part of any premises in
contravention of the provisions of clause (b) of sub-section (2) of
section 27 he shall be punishable with fine which may extend to
five thousand rupees, or double the rent received by the tenant
for subletting for every month till such time the cause of complaint
ceases, whichever is more or with imprisonment for a term upto
one month, or with both ;
(v) If any landlord makes a false statement in his affidavit
under item (i) of explanation I to clause (r) of sub-section (2) of
section 27, he shall on conviction be punishable with fine which
may extend to five thousand rupees, or double the rent receivable
for a period of three months in case it has been relet, whichever
is more, or with imprisonment for a term upto one month or with
both ;
(vi) If any landlord claims or receives the payment of any
sum as premium or pugree or other consideration in contravention
of sub-section (2) of section 32, he shall on conviction be
punishable with fine upto three thousand rupees or with simple
imprisonment for a term upto one month or with both ;
(vii) If any landlord relets the whole or any part of any premises
in contravention of sub-section (1) of section 35, he shall on
conviction be punishable with fine which may extend to five
thousand rupees, or double the rent the landlord receives after
re-letting whichever is more, or imprisonment which may extend
upto one month or with both.
Explanation.- For the purpose of this clause and clause
(iv) in cases where it is difficult to prove the rent which the landlord
666
or the tenant as the case may be, is receiving after re-letting or

sub-letting, the fine may extend to five thousand rupees ;
(viii) If any tenant without reasonable excuse, fails to make
re-entry under sub-section (2) of section 36 within three months
from the date of the completion of repairs or building or re-
building, as the case may be, intimated in writing by the landlord
without reasonable excuse, he shall forfeit his right to re-entry
and shall on conviction be punishable with fine equivalent to three
months rent of the premises ;
(ix) If any landlord or tenant contravenes the provisions of
sub-section (1) of section 49, he shall on conviction be punishable
with fine equivalent in amount to the rent for three months or
with upto one months imprisonment, or with both, and shall also
be liable to fine of one hundred rupees for each day of continuing
default, commencing on the date of cutting off or withholding
essential supply or service till the date the essential supply or
service is restored;
(x) If any landlord or tenant fails to furnish particulars as
required under section 52 he shall on conviction be punishable
with fine upto one thousand rupees or with imprisonment for a
term upto one month or with both.
55. Offences by companies etc.- (1) Where an offence
under this Act is committed by a company, the company, as well
as every person in charge of, and responsible to the company
for the conduct of its business at the time of the commission of
the offence shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly :
Provided that, nothing contained in this sub-section shall
render any such person liable to any punishment if he proves
that the offence was committed without his knowledge or that he
667
exercised all due diligence to prevent the commission of such

offence.
(2) Notwithstanding anything contained in sub-section (1)
where an offence under this Act has been committed with the
consent or connivance of, or that commission of the offence is
attributable to any neglect on the part of any Director, Manager
Secretary or other officer such Director, Manager, Secretary or
other officer shall also be deemed to be guilty of that offence
and shall be liable to be proceded against and punished
accordingly.
Explanation.- For the purpose of this section,-
(a) Company means any body corporate and includes a
firm or other association of individuals ; and
(b) director in relation to a firm means a partner in the firm.
56. Controllers to be public servants.- All Controllers
appointed under this Act shall be deemed to be public servants
within the meaning of section 21 of the Penal Code, 1860 (Central
Act 45 of 1860).
57. Protection of action taken in good faith.- (1) No suit,
prosecution or other legal proceeding shall lie against any
Controller, any officer or servant of the State Government or any
person acting under his direction or assisting him in respect of
anything which is in good faith done or intended to be done in
pursuance of this Act or rule or orders made thereunder.
(2) No suit or other legal proceedings shall lie against the
State Government for any damage caused or likely to be caused
by anything which is in good faith done or intended to be done in
pursuance of this Act or of any rule or of order made thereunder.
668
58. Controller to recover fines as arrears of land revenue.-

Any fine imposed by a Controller under this Act shall be paid by
the person fined within such time as may be allowed by the
Controller and the Controller may, for good and sufficient reason
extend the time, and in default of such payment, the amount
shall be recoverable as arrears of land revenue under the
Karnataka Land Revnue Act, 1964.
59. Procedure in Appeals.- (1) In computing the period
specified in this Act for filing appeals, the time taken to obtain
certified copies of the order appealed againt shall be excluded.
(2) The provisions of section 5 of the Limitation Act, 1963,
shall be applicable to appeals under this Act.
(3) On an appeal being preferred under this Act, the Deputy
Commissioner or the Assistant Commissioner, as the case may
be, may order stay of further proceeding in the matter pending
decision on the appeal.
(4) The Deputy Commissioner or the Assistant Commissioner
as the case may be, shall send for the records of the case from
the controller and after giving the parties an opportunity of being
heard and if necessary after making such further enquiry as he
thinks fit either himself through the Controller, shall decide the
appeal.
60. All proceedings before the Controller to be judical
proceedings.- All proceedings before the Court or the Controller
shall be deemed to be judicial proceedings for the purposes of
section 193 and 228 of the Penal Code, 1860 (Central Act 45 of
1860).
61. Decisions which have become final not tobe
reopened.- The Court or the Controller shall summarily reject
any application under this Act which raises between the same
669
parties or between parties under whom they or any of them claim,

substantially the same issues as have been finally decided in a
former proceeding under this Act or under any of the enactments
repealed by section 70.
62. Orders to be pronounced in open Court.- Every order
passed by a Court or the Controller under this Act, shall be
pronounced in open Court on the day on which the case is finally
heard, or on some future day of which due notice is given to the
parties.
63. Finality of Orders.- Save as otherwise expressly
provided in this Act, every order made by the Court or controller
and every order passed in appeal or revision there against under
this Act shall be final and shall not be called in question in any
suit, application or execution proceeding.
64. Amendment of Orders.- Clerical or arithmetical mistakes
in any order passed by a Court, Controller or the revisional or
appellate authority under the Act or error arising therein from
any accidental slip or omission may, at any time, be corrected by
such Court, Controller or the appellate or revisional authority on
an application received in this behalf from any of the parties or
otherwise.
65. Costs.- Subject to such conditions and limitations, if any,
as may be prescribed, the cost of, and incidental to all
proceedings before the Court or the Controller shall be in the
discretion of the Court or the Controller which or who shall have
full power to determine by whom or out of what property and to
what extent such costs, are to be paid.
66. Power to make rules.- (1) The State Government may,
after previous publication in the official Gazette, make rules to
carry out the purposes of this Act.
670
(2) In particular, and without prejudice to the generality of

the foregoing power, such rules may provide for all or any of the
following matters, namely :-
(a) the manner of approval of valuers and the procedure to
be followed by such valuers under the provision of sub-
section (2) of section 12 ;
(b) manner of determining the extent of renovation of a
building ;
(c) the form and manner in which and the period within which
an application may be made to the Controller ;
(d) the form and manner in which an application for deposit
of rent may be made the particulars which it may contain;
(e) the manner in which a Controller may hold enquiry under
this Act ;
(f) the powers of the Civil Court which may be vested in the
Controller ;
(g) the form or manner in which an application for appeal
may be made under the Act ;
(h) the manner in which the Court is to refer the dispute for
negotiated settlement and procedure for disposal of cases
so referred ;
(i) for appointing the Authority for registration and renewal
of registration of middleman or estate agents and
prescribing his qualifications and terms of appointment ;
(j) brokerage or commission chargeable by the middleman
or estate agents for residential user and the term and
manner in which they shall file returns ;
671
(k) the manner of service of notice under the Act ; and

(l) any other matter which is required to be provided by
rules for giving effect to the provisions of this Act.
67. Rules and Notifications to be laid before the State
Legislature.- Every rule made under this Act and notification
issued under section 2 or under section 68, shall be laid as soon
as may be after it is made, before each House of the State
Legislature while it is in session for a total period of thirty days
which may be comprised in one session or in two successive
sessions, and if, before the expiry of the session in which it is
also laid or the session immediately following, both Houses agree
in making any modification in the rule or notification or both
Houses agree that the rule or notification should not be made,
the rule of notification shall thereafter have effect only in such
modified form or be of no effect, as the case may be ; so however
that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule or
notification.
68. Removal of difficulties.- (1) If any doubt or difficulty
arise in giving effect to the provisions of this Act, the State
Government may by notification, make such provision as appears
to it, to be necessary or expedient for removing the doubts or
difficulties :
Provided that no order shall be made under this section
after expiry of two years from the date of commencement of this
Act.
(2) The provisions made by any notification under sub-section
(1) shall, subject to the provisions of sections 67 have effect as
if enacted in this Act, and any such notification may be made so
672
as to be retrospective to any date not earlier than the date of

commencement of this Act-
69. Transfer of pending cases.- On the commencement of
this Act,-
(1) all cases pertaining to matters in respect of which the
Controller shall have jurisdiction under this Act and pending in
the Court under the Karnataka Rent Control Act, 1961 shall stand
transferred to the Controller and the Controller may proceed to
hear such cases either de-novo or from the stage it was at the
time of such transfer.
(2) all cases pertaining to matters in respect of which the
Court shall have jurisdiction under this Act and pending before
the Controller under the Karnataka Rent Control Act, 1961 shall
stand transferred to the Court and the Court may proceed to
hear such cases either de-novo or from the stage it was at the
time of such transfer.
70. Repeal and Savings.- (1) The Karnatka Rent Control
Act, 1961 (Karnataka Act 22 of 1961) is hereby repealed.
(2) Notwithstanding such repeal and subject to the provisions
of section 69,-
(a) all proceedings in execution of any decree or order passed
under the repealed Act, and pending at the commencement of
this Act, in any Court shall be continued and disposed off by
such Court as if the said enactment had not been repealed ;
(b) all cases and proceedings other than those referred to in
clause (a) pending at the commencement of this Act before the
Controller, Deputy Commissioner, Divisional Commissioner,
Court, District Judge or the High Court or other authority, as the
case may be in respect of the premises to which this Act applies
673
shall be continued and disposed off by such Controller, Deputy

Commissioner, Divisional Commissioner, Court, District Judge
or the High Court or other authority in accordance with the
provisions of this Act.
(c) all other cases and proceedings pending in respect of
premises to which this Act does not apply shall as from the date
of commencement of the Act stand abated.
(3) Except as otherwise provided in section 69 and in sub-
section (2) of this section, provisions of section 6 of the Karnataka
General Clauses Act, 1899 (Karnatka Act III of 1899), shall so
far as may be applicable in respect of repeal of the said
enactment, and sections 8 and 24 of the said Act shall be
applicable as if the said enactment had been repealed and re-
enacted by this Act.
674
FIRST SCHEDULE
[See section 2 (1)]
Areas to which Chapters I to III and V to VIII apply.
Part-A
Areas within the limits of Cities constituted under the
Karnataka Municipal Corporation Act 1976 and within a radius
of three kilometres from the limit of the said cities.
Part-B
Areas within the limits of the City Municipal Councils
constituted under Karnataka Municipalities Act 1964.
Second Schedule
[See section 2 (2)]
Areas to which Chapters I and IV apply.
Areas within the limits of Cities constituted under the
Karnataka Municipal Corporations Act, 1976 and within a radius
of three kilometres from the limits of the said cities.
Third Schedule
(See sections 6 and 7)
The rent enhanceable under clause (a) of sub-section
(1) of section 6 or sub-section (1) of section 7, as the case may
be, shall be calculated at the rates shown in column (2) of Table
I given below, compounding on an yearly basis, with reference
to the date of agreement in the case of rent agreed to between
the landlord and the tenant, and the date of commencement of
675
construction in the case of standard rent, to arrive at the rent

payable for the period for which rent is to be determined :
Provided that the total amount of enhancement as so
calculated till the commencement of this Act shall be restricted
in respect of a premises on the basis of its size as indicated in
column (1) of the Table II to such percentage as is specified in
the corresponding entries in column (2) of the said Table :
Provided further that the enhancement in the case of a
tenancy entered into before the commencement of this Act shall
be effected gradually in five equal yearly instalments.
Explanation.- The base calculation of annual
enhancement of rent after the commencement of this Act shall
be the rent payable in a year as if the total enhancement of rent
due at the commencement of this Act came into effect
immediately rather than gradually over a five year period, and
such annual enhancement of rent shall be payable in addition to
the graduated enhancement :
Provided also that in relation to a landlord, referred to in
section 31, who is a widow, a handicapped or a person of the
age of sixty-five years or more, the enhancement of rent shall
not be spread over a period of five years but shall come into
force immediate effect.
676
Table-I
Date of agreement/ Rate of annual
commencement of construction enhancement of rent
1 2
1. Upto 31st December, 1949 Two per cent
2. On and from 1st January 1950 Four per cent
to 31st December, 1960.
3. On and from 1st January 1961 Six per cent
4. On and from 1st January, 1971 Eight per cent
5. On and from 1st January, 1995 Seventy-five per
onwards cent of annual
inflation rate based on
whole sale price Index.
Table-II
premises of maximum permitted
(built up area) enhancement of rent
1 2
1. upto 50 square metres Twenty five per cent
2. more than 50-square metres Fifty per cent
but upto 90-square metres.
3. more than 90-square metres Seventy five per cent
but upto 160-square metres.
4. more than 160-square metres Hundred per cent
677
FOURTH SCHEDULE
(See section 8)
1. Air conditioner
2. Electrical heater.
3. Water cooler.
4. Geyser
5. Refrigerator.
6. Cooking range.
7. Furniture
8. Garden meant to be used by the tenant exclusively.
9. Playground meant to be used by the tenant exclusively.
10. Sun-brokers.
11. Usufructs, if any, enjoyed by the tenant.
FIFTH SCHEDULE
(See section 47 and 48)
A. Structural repairs to be got done by the landlord.
1. Structural repairs, except those necessitated by damage
caused by the tenant.
2. Whitewashing of walls and painting of doors and windows
once in three years.
3. Changing and plumbing pipes when necessary.
4. Internal and external wiring and related maintenance .
678
B. Day to day repairs to be got done by the tenant.

1. Changing of tap washers and taps.
2. Drain cleaning.
3. Water closet repairs.
4. Wash closet repairs.
5. Bath tub repairs.
6. Geyser repairs
7. Circuit breakers repairs.
8. Switches and sockets repairs.
9. Repairs and replacement of electrical equipment, except
major internal and external wiring changes.
10. Kitchen fixtures repairs.
11. Replacement of knobs and locks of doors, cup-boards,
windows, etc.
12. Replacement of fly nets.
13. Replacement of glass panels of windows, doors, etc.
14. Maintenance of gardens and open spaces let-out to the
tenant.
The above translation of the dâ}ÖËrdâ ÏÖÚgê %º¾Ìâ°Àâ°, 1999

(2001 pâ dâ}ÖËrdâ %º¾Ìâ°Àâ° ÉâªfêX 34) be published in the Official
Gazette under clause (3) of the Article 348 of the Constitution of
India.

(34 of 2001) Rent Act (E)

Uploaded by

Copyright:

Available Formats

(34 of 2001) Rent Act (E)

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

(34 of 2001) Rent Act (E)

Uploaded by

Copyright:

Available Formats

602

KARNATAKA ACT NO 34 OF 2001

THE KARNATAKA RENT ACT, 1999

15. Refund of rent, premium, etc.,

42. Procedure to be followed by the Court

58. Controller to recover fines as arrears of land

STATEMENT OF OBJECTS AND REASONS

(4) Provision is made,-

(L.C. Bill No. 14 of 1999 - File No. LAW 45 LGN 1993)

(3) Nothing contained in this Act shall apply,-

(ii) two thousand rupees per month in any other area.

(4) The State Government may by notification apply all or

(ii) any furniture or equipment supplied by the landlord

to be entitled to receive the rent, if the premises were let to a

(vii) any other authority, as the State Government may

Provided that the successor has ordinarily been living or

(b) the right of every successor, referred to in sub-section

such proportion of cost of the fixtures equipment and fittings

Provided that the Controller may, for the purpose of

without the approval of the tenant or after the commencement of

(a) to any payment made in pursuance of an agreement

(v) the revision in rent as per the provisions of section

decrease of such rent and other charges payable is made under

commencement of this Act, by or on behalf a tenant to a landlord,

application and shall also grant a certificate to the tenant in respect

(5) If, at the time of filing the application under sub-section

has withdrawn the amount deposited before the date of filing an

(2) For the purposes of holding an enquiry or discharging

Provided that the Controller may extend the hearing of

(2) The Court may, on an application made to it in the

(ii) after the commencement of this Act without the

Provided that no order for the recovery of possession of

Provided that no order for the recovery of possession of

of his family dependent on him, the Court shall

is made a party to the proceeding and the order for eviction is

(a) any rent in advance from the tenant, he shall, within

of one year from the date of commencement of this Act,

assessee entitled for the time being to the benefits of deduction

whom the premises are sub-let may, in the prescribed manner,

Provided that where a landlord recovers possession of

within such time as may be prescribed, place the landlord in

then, notwithstanding anything contained in section 27 or in any

40. Special provision regarding vacant building sites.-

Provided that nothing in this section shall apply to any person

(5) When an acknowledgement purporting to be signed by

within thirty days of commencement of such hearing. Failing

44. Court to promote negotiated settlement of disputes.-

(2) The deposit of the rent and other charges under

of being heard and after considering such estimate of the cost

period of two months after notice in writing, the landlord may

(6) The tenant shall not, whether during the subsistance of

(5) The Controller may in his discretion direct that

(2) Nothing in sub-section (1) shall be construed as

(i) If any landlord or tenant fails to present copy of the lease

or the tenant as the case may be, is receiving after re-letting or

exercised all due diligence to prevent the commission of such

58. Controller to recover fines as arrears of land revenue.-

parties or between parties under whom they or any of them claim,

(2) In particular, and without prejudice to the generality of