Tenent eviction under the kar.rent.act 1999
SHASHIDHAR A
(Querist) 27 September 2013
This query is : Resolved
Dear Sirs,
I am requesting the respected Advocates who are into Property Act in Karnataka to advice on behalf of a Sr.Citizen who is a land lord and the issue is in Mysore.
My query is under Sec.27 (2) (q) & Sec.27 (2) (r) of “The Karnataka Rent Act, 1999”. Basically I would like to understand the powers or how strong the above sections are.
Details of the query are as under:
We have given a portion (1st Floor – 2 BHK) as rent to a practicing Criminal & Labour practicing Lawyer.
Facts:
1. The agreement was made on 01.05.2009 for 3 years. Post which when we requested him to vacate the premises he refused and made an extension for 3 months by giving false stories.
2. Like this he kept on extending for further two times. As per schedule he was suppose to vacate the premises on 01st May 2013. However on his request, it was extended for 3rd time till 31st July 2013.
3. Subsequently, he himself gave a self declaration saying that he will VACATE the premises on his own accord and the same was on Rs.100 eStamp paper.
4. The due date to vacate the premises was on or before 01st August 2013. But on 27th July, 2013, without informing the land lord, the he went and got the Injunction Order for not vacating the premises till 2014, by giving false reasons. He also mentioned that there is a life threat by land lord.
Queries:
Sec.27 (2) (q) of The KRA 1999 is: EVICTION ON GROUND OF TENANT’S AGREEING TO VACATE PREMISES.
A) In this matter, the Tenant has clearly mentioned in writing that he will vacate the premises on a certain date. Over and above he has given a Self-Declaration on 100 eStamp paper that he will vacate the premises. He has also taken oath on Goddess Gayathri Devi that he will vacate on or before due date.
Are these agreements are not enough for Hon’ble Court to issue Eviction Orders under Sec.27 (2) (q)?
Sec.27 (2) (r) of The KRA 1999 is: EVICTION ON GROUND OF LAND LORDS PERSONAL REQUIREMENT ETC.
B) The reason for requirement of the premises is for the member of his family. The said property is required for the own brother of landlord.
Can’t this reason be clubbed with reason mentioned in A for the purpose of Eviction of Tenant?
is not enough for Hon’ble Court to issue Eviction Orders under Sec.27 (2) (r)?
Advice Required
I. I would like to understand from the Property Practioners, in the above situation what are the probabilities by the Court in issuing eviction orders of Tenant.
II. Because the KRA 1999 is very clear and we too have the required evidence to prove under Sec.27 (2) (q).
III. The Sec.27 (2) (r) also is also in favor of us for eviction of tenant.
I humbly request the respected Advocates to provide solution to this matter.
ajay sethi
(Expert) 11 October 2013
contact a local lawyer and move court for setting aside injunction order . rely upon undertaking give by the tenant . you case appears to be covered under section 27(2)q of KRA as reproduced by you in the query
