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2021 Supreme(Ker) 1147

ANIL K.NARENDRAN, P.G.AJITHKUMAR
Haridasan – Appellant
Versus
Chandran – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.Promodh Kumar, Sri.Zubair Pulikkool, Smt.Maya Chandran, Advs.
For the Respondent: B.G.Bhaskar, Biju Abraham, C.R.Subramanian, Advs.

Judgement Key Points

The rights of a tenant under the relevant law, as clarified in the provided document, include the following:

  1. Right to be re-inducted into a reconstructed building: A tenant who was evicted under an order passed specifically under Section 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965, has the right of first option to be re-inducted into the reconstructed building, subject to paying a fair rent. This right is only available if the eviction was carried out through a proper legal order under this section (!) (!) .

  2. Protection against eviction: The law stipulates that a tenant cannot be evicted except in accordance with the provisions of the Act. Eviction proceedings must follow the prescribed legal procedures, and any eviction outside these procedures, such as through proceedings under other laws or unauthorized actions, do not grant the tenant the same rights to re-induction under the Act (!) (!) .

  3. Rights in case of building reconstruction: If a building is reconstructed after eviction, tenants who were evicted under the proper legal process have the right to be considered for re-induction, provided the eviction was under the specific provisions of the Act and the building was reconstructed accordingly (!) (!) .

  4. Limitations on rights: Tenants evicted through proceedings under laws other than Section 11(4)(iv), such as proceedings under the Criminal Procedure Code or other municipal laws, do not qualify for the right of re-induction under the third proviso of Section 11(4)(iv). Their rights are governed by the respective laws under which they were evicted, and the law emphasizes that the right to re-induction is strictly limited to those evictions carried out under the specific section mentioned (!) (!) .

  5. No automatic right for tenants evicted in other circumstances: If a tenant was evicted due to reasons other than a proper eviction order under Section 11(4)(iv), such as demolition under public interest or other legal proceedings, they do not have the right to claim re-induction into the reconstructed building (!) .

In summary, tenants have a protected right to re-enter and occupy reconstructed buildings only if they were evicted following a proper legal process under the specific provisions of the Kerala Rent Control Act, particularly Section 11(4)(iv). If evicted through other legal or procedural avenues, their rights to re-induction are not recognized under this specific provision.


ORDER :

Anil K. Narendran, J.

The petitioners-tenants filed R.C.P.No.86 of 2014 on the file of the Rent Control Court (Munsiff) Vatakara, invoking the 3rd proviso to Section 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to re-induct them into the reconstructed building owned by the respondents-landlords herein. That petition ended in dismissal by the order dated 04.02.2017 of the Rent Control Court. Feeling aggrieved, the petitioners-tenants filed R.C.A.No.86 of 2017 before the Rent Control Appellate Authority (Additional District Judge), Vatakara under Section 18(1)(b) of the Act, which also ended in dismissal, thereby confirming the order passed by the Rent Control Court in R.C.P.No.86 of 2014. Feeling aggrieved by the order dated 04.02.2017 of the Rent Control Court in R.C.P.No.86 of 2014 and also the judgment of the Appellate Authority dated 24.06.2019 in R.C.A No.86 of 2017, the petitioners are before this Court in this Rent Control Revision, invoking the revisional jurisdiction under Section 20 of the Act.

2. On 23.07.2021, when this Rent Control Revision came up for admission, this Court issued urgent notice on admission by speed post to the respondents-l

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