Back
AMIT RAWAL, EASWARAN S.
K. Moideen Kutty – Appellant
Versus
Kottikulam Abdulla Kunhi – Respondent
ORDER
Amit Rawal, J.—This order shall dispose of two revision petitions preferred by the tenant against the orders of the Appellate and Rent Controller in two set of proceedings one under Section 12(1) and another in 12(3) of the Kerala Building (Lease and Rent Control) Act, 1965. Section 12(1) and 12(3) of the Act reads as under:—
Section 12 Payment or deposit of rent during the pendency of proceedings for eviction (1) No tenant against whom an application for eviction has been made by a landlord under section 11, shall be entitled to contest the application before the Rent Control Court under that section, or to prefer an appeal under section 18 against any order made by the Rent Control Court on the application, unless he has paid or pays to the landlord, or deposits with the Rent Control Court or the appellate authority, as the case may be, all arrears of rent admitted by the tenant to be due in respect of the building up to the date of payment or deposit, and continues to pay or to deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Rent Control Court or the appellate authority, as the case may be.
Perpetual default in payment of rent is a valid ground for dissolution of marriage.
Compliance with the requirements of Section 12(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 is necessary to contest eviction.
A tenant's right to contest an eviction is conditional on timely rent payment as mandated by the Rent Control Act.
An order mandating tenants to deposit rent arrears under Section 12 of the Act is not appealable under Section 18.
The court affirmed that a genuine need of the landlord under Section 11(3) justifies eviction despite tenant's claims of mala fides.
The court confirmed that landlords can evict a tenant under bona fide need as provided in Section 11(3) of the Act, contingent on fulfilling specified conditions.
Eviction can be mandated under the provisions of the Kerala Buildings (Lease and Rent Control) Act if bona fide needs are established.
The court emphasized the admissibility of documents, determination of arrears of rent, and the appellate authority's power to modify orders under the Act, highlighting the importance of complying wit....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
