Karnataka HC on Rent Control

Karnataka HC on Rent Control Matters pertaining to tenancy (House Rent Control) are considered to be painful. It is strange that a person who has constructed a house and given it on rent in full faith has to battle it out in the courts of law for an eviction. However, the situation is not all that bad when compared to what it used to be. The problem however lies with the various laws laid down by several courts in this regard. One such case in the Karnataka High Court dealt with the procedure to be followed following an eviction notice being served. Justice V Gopal Gowda, in his judgment said that after a notice has been issued, the tenants are required to vacate the premises. A landlord terminated the tenancy of the tenant by issuing notice and calling upon him to vacate and deliver possession of the house (suit scheduled premises). However the tenant ignored the same and refused to comply with the notice. The landlord moved the trial court seeking evacuation of the tenant. The trial court in its order granted the tenant 60 days time to vacate the premises following which an appeal was filed before the Karnataka High Court. Justice Gowda observed that the conduct of the tenant indicates that he is out to harass the landlord in one or the other. The court also took note of the fact that the tenant had not paid the rent for close to one year but had continued to enjoy the property. "Since the tenant had refused to comply with the notice served on him by the landlord asking him to vacate the premises, the trial court was right in decreeing the suit against the tenant and directing him to vacate the premises".

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