HIGH COURT OF KERALA
K.T.SANKARAN, P.UBAID, JJ
C P PAUL – Appellant
Versus
LALU PAULSON Advocate - SRI S R DAYANANDA PRABHU ,CAVEATOR SRI S R DAYANANDA PRABHU CAVEATOR – Respondent
O R D E R
Ubaid,J.
A tenant having a multi-storied building with a total space of 30,000 sq.ft, in his possession, would not stop his fight against the landlord in his cause for recovery of his own building having a space of 1200 sq.ft for his own purpose. The Kerala Buildings (Lease and Rent Control) Act, (hereinafter referred to as 'the Act' for short) was introduced in Kerala with the social object of protecting tenants from unscrupulous and arbitrary eviction, while protecting the interests of landlords. The tenants who have ceased to occupy the tenanted premises or who have handed over the tenanted premises under any sort of arrangement which is not authorised by the contract of lease, will not get the protection under the Act. The defences available to tenants under the Act in the proceedings brought for eviction by landlords, can be availed only by those tenants who continue in the tenanted premises, actually occupying the premises. Unscrupulous tenants who would try to continue in the premises by all means possible, even when they have ceased to occupy the premises, or have otherwise handed over the premises to somebody, would not get the benefit of the protection under the
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