Only Such Subsequent Events That Completely Negate Landlord's Needs Are Decisive For Overturning Eviction Order: Kerala High Court
1 week, 6 days ago

Only Such Subsequent Events That Completely Negate Landlord's Needs Are Decisive For Overturning Eviction Order: Kerala High Court

Live Law  

The Kerala High Court has made it clear that only those subsequent events that completely negate the landlord's needs could be considered as decisive for overturning an already passed eviction order. The Rent Control Court again found that the landlords were not entitled to get eviction since they were in possession of other vacant rooms also which they could use for their business. In the facts of the case, the Court thus concluded that no subsequent events took place that could eclipse the landlord's needs for overturning the eviction order. As such, the Court upheld the order of the Rent Control Appellate Authority that the landlords bonafidely require the vacant possession of the tenanted premises for their new business.

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History of this topic

Even If Tenant Acquires Share In Leasehold Property, Co-Owners Can Maintain Eviction Proceedings As Lease Continues: Kerala HC Reaffirms
2 months, 1 week ago

Even If Tenant Acquires Share In Leasehold Property, Co-Owners Can Maintain Eviction Proceedings As Lease Continues: Kerala HC Reaffirms

Live Law  

" There is no dispute as to the general legal proposition that while not all coowners need to be parties to an eviction petition, their consent is required for the co-owner initiating the action and such consent may be presumed in the absence of evidence to the contrary. As mentioned above, the law is well settled that even when the …

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court
3 months, 2 weeks ago

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court

Live Law  

The Kerala High Court has observed that for the Rent Control Court to assess the genuineness of the claim of permanent tenancy or denial of title, the pleading must be clear, specific, unequivocal and explicit. “The Pleading regarding the denial of title or the claim for permanent tenancy must be clear, specific, and unequivocal, without which the Rent Control Court …

Maharashtra Rent Control Act | Tenant Can't Be Mechanically Evicted Based On Municipality's Demolition Order; Immediacy Must Be Examined : Supreme Court
1 year, 1 month ago

Maharashtra Rent Control Act | Tenant Can't Be Mechanically Evicted Based On Municipality's Demolition Order; Immediacy Must Be Examined : Supreme Court

Live Law  

In a case under the Maharashtra Rent Control Act, 1999, the Supreme Court observed that the eviction of a tenant cannot be ordered merely based on a demolition notice issued by the Municipal body. The Court has to examine the "immediate urgency" of the need for demolition.The Court made this observation in the context of Section 16 of the Act …

S.12 Kerala Rent Control Act | Tenant Can't Contest Eviction Application Unless Admitted Arrears Of Rent Are Deposited: High Court
1 year, 2 months ago

S.12 Kerala Rent Control Act | Tenant Can't Contest Eviction Application Unless Admitted Arrears Of Rent Are Deposited: High Court

Live Law  

The Kerala High Court has clarified that a tenant cannot contest an eviction application filed by the landlord under Section 11 of the Kerala Buildings Act, 1965 unless the admitted arrears of rent are cleared.A two-judge bench of Justice PB Suresh Kumar and Justice Johnson John said the tenant has to pay or deposit with the Rent Control Court or …

Kerala Buildings (Lease & Rent Control) Act | S.11(3) Does Not Apply When Landlord Obtains Vacant Possession After Eviction Petition: High Court
1 year, 3 months ago

Kerala Buildings (Lease & Rent Control) Act | S.11(3) Does Not Apply When Landlord Obtains Vacant Possession After Eviction Petition: High Court

Live Law  

The Kerala High Court on Wednesday laid down that the first proviso to Section 11 Kerala Buildings Act, 1965 does not apply to situations where the landlord obtains vacant possession of a building after the institution of the eviction petition. The first proviso to Section 11 restricts the power of the Rent Control Court in issuing an order directing the …

Kerala launches eviction drive to clear encroachments Idukki
1 year, 5 months ago

Kerala launches eviction drive to clear encroachments Idukki

Hindustan Times  

Kochi: A special task force constituted by the Kerala government cleared an illegally encroached piece of land belonging to an individual in Chinnakanal panchayat of Idukki district on Thursday in what is tipped to be the start of a major eviction drive in the fragile hill station of Munnar, officials familiar with the matter said. The action of the STF …

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court
1 year, 10 months ago

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court

Live Law  

The Kerala High Court on Monday held that litigants should be allowed to seek early disposal of their cases only in exceptional cases where justifiable and genuine reasons are made out before the appropriate court.The Court also took note of the increasing tendency of litigants to approach the High Court for expeditious disposal of lower court cases. The Kerala High …

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature
2 years, 4 months ago

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature

Live Law  

The Kerala High Court on Tuesday held that a threat of illegal eviction/ trespass can be remedied by approaching a civil court. It added that High Court's writ jurisdiction cannot be invoked in such cases seeking police protection, when even the basic facts are disputed and the rights claimed cannot be established in summary proceeding under Article 226 of the …

Making Available Parking Space For Building Visitors Valid Reason For Tenant's Eviction U/S 11(3) Kerala Buildings Act, 1965: High Court
2 years, 6 months ago

Making Available Parking Space For Building Visitors Valid Reason For Tenant's Eviction U/S 11(3) Kerala Buildings Act, 1965: High Court

Live Law  

The Kerala High Court recently, while disposing of a Rent Control Revision Petition, held that making available parking space for building visitors is a valid reason for tenant's eviction under Section 11 Kerala Buildings Act, 1965.Division Bench consisting of Justice Anil K. Narendran and Justice P. G. Ajithkumar, relying heavily on the High Court's decision in similar matters, clarified. The …

Revisional Powers Of High Court Under Rent Act Confined To Detecting Legality, Regularity & Propriety Of Impugned Orders: Kerala High Court
3 years, 5 months ago

Revisional Powers Of High Court Under Rent Act Confined To Detecting Legality, Regularity & Propriety Of Impugned Orders: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the power exercisable by a High Court under Section 25 of the Kerala Buildings Act is not an appellate power to reappraise or reassess the evidence for coming to a different finding contrary to the finding recorded by the courts below.A Division Bench of Justice Anil Narendran and Justice K Babu remarked:".it cannot …

Kerala High Court Stays Show Cause Notice Issued By Lakshadweep Administration For Demolition Of A Madrassa
3 years, 7 months ago

Kerala High Court Stays Show Cause Notice Issued By Lakshadweep Administration For Demolition Of A Madrassa

Live Law  

The Kerala High Court on Monday stayed the eviction and demolition of a long-standing madrassa in Lakshadweep. Justice Raja Vijayaraghavan passed the interim order while directing the Lakshadweep Administration to file a counter affidavit within four weeks. The petitioner had moved the Court challenging a show-cause notice issued by the Administration to demolish and evict the Madrassa from its allotted …

Suit For Mandatory Injunction Maintainable Against Licensee To Vacate Property After Termination Of License : Kerala High Court
3 years, 8 months ago

Suit For Mandatory Injunction Maintainable Against Licensee To Vacate Property After Termination Of License : Kerala High Court

Live Law  

The Kerala High Court has held that a civil suit for mandatory injunction is maintainable against a licensee to vacate the property on termination of license, despite the availability of other modes of eviction. The owner of immovable property on termination of the license is entitled to maintain a suit for mandatory injunction against the licensee to vacate the property", …

Rent Control Act: HC Cannot Interfere With Finding Of Fact In Revisional Jurisdiction Unless There Is Perversity Or Misappreciation of Evidence: SC [Read Judgment]
4 years, 9 months ago

Rent Control Act: HC Cannot Interfere With Finding Of Fact In Revisional Jurisdiction Unless There Is Perversity Or Misappreciation of Evidence: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the High Court, in its revisional jurisdiction conferred by Section 20 of the Kerala Building Act, cannot interfere with the finding of fact by Appellate Authority, unless there is perversity or misappreciation of evidence by it. Interfering with this finding of fact, again, without any perversity or misappreciation of evidence by the Appellate Authority …

SC Orders Status Quo On Allahabad HC Direction To Evict 28 Anglo Indian Families From Lease Land In Prayagraj [Read Order]
5 years, 3 months ago

SC Orders Status Quo On Allahabad HC Direction To Evict 28 Anglo Indian Families From Lease Land In Prayagraj [Read Order]

Live Law  

In a temporary relief to 28 Anglo-Indian families who were facing the threat of eviction following a direction of Allahabad High Court, the Supreme Court on November 22 directed to maintain status quo for the time being. A bench comprising Justices R F Nariman and S Ravindra Bhat on Friday issued notice on a plea filed against the order of …

'Your State Is Known For Not Following Orders' : SC Asks Kerala Govt To Execute Demolition Order Against Maradu Flats By Sep 20
5 years, 6 months ago

'Your State Is Known For Not Following Orders' : SC Asks Kerala Govt To Execute Demolition Order Against Maradu Flats By Sep 20

Live Law  

Expressing dissatisfaction with the non-compliance of the demolition order passed against flats in Maradu, Kochi for CRZ violation, the Supreme Court on Friday called upon the Kerala Government to carry out the directions by September 20.If compliance report is not filed by that date, the Chief Secretary to the Government will have to personally appear before the Court on September …

HC Can't Reappreciate Evidence While Exercising Revisional Jurisdiction U/s 20 Of Kerala Rent Control Act, Reiterates SC [Read Judgment]
5 years, 7 months ago

HC Can't Reappreciate Evidence While Exercising Revisional Jurisdiction U/s 20 Of Kerala Rent Control Act, Reiterates SC [Read Judgment]

Live Law  

While exercising revisional jurisdiction under Section 20 of the Kerala Buildings Act, the High Court cannot re-appreciate the evidence, the Supreme Court has reiterated.In this case, setting aside concurrent orders of the Rent Control Court and the Appellate Tribunal in favour of the landlord, the High Court of Kerala had held. While exercising revisional jurisdiction under Section 20 of the …

Attachment Before Judgment: Kerala HC Clarifies That Order On Claim Petition Is Appealable As Decree [Read Order]
6 years, 8 months ago

Attachment Before Judgment: Kerala HC Clarifies That Order On Claim Petition Is Appealable As Decree [Read Order]

Live Law  

The High Court of Kerala has clarified that an order adjudicating a claim over a property under attachment before judgment is appealable as if it was a decree. The clarification was made by a division bench comprising Justice V Chitambaresh and Justice Narayana Pisharadi, answering a reference whether such an order could be challenged in an original petition under Article …

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]
7 years, 8 months ago

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]

Live Law  

While setting aside a judgment on a rent control matter by the Kerala High Court, the Supreme Court has observed that the high court has no jurisdiction to issue directions to the trial court to pass a particular order by either allowing the application or rejecting it.Slamming the high court, a bench comprising Justice AM Sapre and Justice R Banumathi …

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]
7 years, 8 months ago

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]

Live Law  

While setting aside a judgment on a rent control matter by the Kerala High Court, the Supreme Court has observed that the high court has no jurisdiction to issue directions to the trial court to pass a particular order by either allowing the application or rejecting it.Slamming the high court, a bench comprising Justice AM Sapre and Justice R Banumathi …

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]
7 years, 11 months ago

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]

Live Law  

The landlord had approached the Rent Control Court seeking eviction of tenant under Section 11 and Section 11 of the Kerala Buildings Act, 1965. Setting aside a Kerala High Court order, the Supreme Court, in Valiyavalappil Sarojakshan vs Sumalsankar Gaikevada, has held that merely because a landlord has taken possession on the basis of an order. Setting aside a Kerala …

Supreme Court steps in
16 years, 5 months ago

Supreme Court steps in

The Hindu  

THE Supreme Court ruling in May on the eviction from Colombo last year of Tamils from the North and the East came on a petition filed by the Centre for Policy Alternatives. The order was pronounced by a three-member Bench headed by the Chief Justice in the fundamental rights application filed by the CPA and its Executive Director, Dr. Paikiasothy …

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