D.Dakshina Moorthy (Sr.Office Superintendent) 17 March 2017

Tenants vs ownership

Dear Sirs,

Kindly provide your valuable guidance for the following
In Bangalore, there are five families are residing for the past 50 years in the same as Tenants. They are very poor and coming from Below Poverty Line. They are paying rents for their residence. They have got residential proof. Now the land value is raising. Hence, in order to vacate them, the Owner of the property, gave notice to them for vacating their position. For the past one year, the tenants are not paying the rent. Hence, he has given notice to vacate and pay the arrears of the rent and filed HRC case in small causes of City Court. Already first hearing is over.

Now the problem is that as they are very poor suffering for their life bread, they are not in a position to vacate their position since they are residing in that for the past fifty years.

Kindly let me know that under the Karnataka Rent Control Act, is there any relief or alternative arrangements from their Owner of the Land ? Is there any other way to approach the Legal authorities to restrain of their residing position.

With regards,

(D.Dakshina Murthy)

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8 Replies

Asgher Mahdi (Advocate & Legal Advisor) 18 March 2017

You have not mentioned the area of the building so that I can give any defese whether his application be nto maintianable under Karnataka Rent Act.

D.Dakshina Moorthy (Sr.Office Superintendent) 18 March 2017

Sir,

The area of the Property is Thimmaiah Road, Bangalore. This is one of the Urban Slum Area most of the people are below poverty line. I do not know that whether Rent Control Act is applicable or not. However, the said people in the property are paying very low rent

Asgher Mahdi (Advocate & Legal Advisor) 19 March 2017

I believe since the tenents are living in the slum area which apparently comes under Karnataka Slum boards and I strongly believe it may not come under Rent Act. There are better option to evict but I suggest you to approach a lawyer who can do it.

D.Dakshina Moorthy (Sr.Office Superintendent) 19 March 2017

Sir,

The property is not come under the Slum Area.

Asgher Mahdi (Advocate & Legal Advisor) 20 March 2017

As for as a case is pending before the Small Causes Court under Karnataka Rent Act obivously for the non payment of rent the gound chosen by your lawyer is a better enough reasons to belive. Whereas, for the alternative arrangement of haibiting the tenents as you feel in this matter, there is no any exceptional provisions in the Karnataka Rent Act but court may give them some amples of time to look for the aleternative arrangements but cannot asked them continue to live in the present possession unless your case have merit on sufficient presented documents. Now, you have already approached the court either through lawyer or on your own, then to guide you more is I feel not much important.

D.Dakshina Moorthy (Sr.Office Superintendent) 20 March 2017

Dear Sir,

Till now, the Tenants are not approaching any Lawyer or Court. The property owner only approached the Small Causes of Court, and the Court is taking and first hearing date is completed. If the situation is being this, what will be remedy from the Property owner's side for the Tenants as they are living for the past 50 years ? Is there any chances to restrain the possession for the Tenants or Is there any chances to get compensation from the Property Owner ?

Asgher Mahdi (Advocate & Legal Advisor) 21 March 2017

As the matter is before the hon'ble Court and the court will summon them to appear before the court. In the event, if they refuse to come before the court, the court may hear the matter as exparte. Further, there is no any law to prescibe them to compensate but apprehension that they may not claim so as adverse possesion.Right now, I have not been in a position to say whether the tenents may claims so under adverse possession as the necessary documents from your side were not supplied.Since they are staying from long but paying rent and as said they stopped paying the rent just recently they may not claim so to an adverse posseions. Since, your lawyer who is appearing may well guide you. Please contact him rather getting confused. Hope so done the qurey is clarified.