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Home Tenancy and Rent Act

Karnataka Rent Control Act, 1961, S. 45 – Rejection of fresh application under the Rent Act [SC]

by PLRonline
November 10, 2022
in Tenancy and Rent Act
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Karnataka Rent Control Act, 1961, S. 45 – Fresh application under the Rent Act could be summarily rejected only if (i) if the proceedings are between the same parties or under whom they or any of them claim, and (ii) substantially the same issues as have been finally decided in a former proceeding under the Act are raised –  Thus the section as such, incorporates principles of res judicata –  The aforesaid section would have no application as the previous proceedings for taking possession of the premises was not pressed and stood disposed of without deciding any issue.

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Tags: Rent Act and CPC
Previous Post

Rent Act – CPC, 1908 , Order 23 Rule 1 sub- rule (4)  , would have no application in a proceeding initiated for recovering the suit premises on the ground of bona fide requirement which is a recurring cause. [SC]

Next Post

Sarfaesi S. 14 – Magistrate not obliged to apply his mind to such an affidavit and satisfied that it is necessary to deliver possession of the secured asset

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