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1995 Supreme(Ker) 296

K.S.RADHAKRISHNAN, K.T.THOMAS
Issac Ninan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Radhakrishnan. J.

A question of general public importance involving the constitutional validity of Sections 5, 6 and 8 of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter called the 'Act', has been posed before us. When this Original Petition came up before a learned single judge, it has been referred to a larger Bench on account of the general importance of the question. Petitioner is challenging the constitutional validity of Sections 5, 6 and 8 of the Act.

2. Section 5 of the Act deals with determination of fair rent for a building leased to a tenant either for residential or non-residential purpose. Section 6 has imposed a ban against further increase of the rent from what has been fixed by the court as fair rent except in one contingency where some additions or improvements or alternations are made by the landlord to the building. Section 8 has imposed a restriction on the landlord from claiming or receiving or even stipulating for payment of rent in excess of the fair rent.

3. Petitioner contends that the three provisions together would affect his livelihood as he is depending on the income from the rent of the building let out to different tenant

































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