Kerala Rent Control Act: Sub-Letting A Part Of Tenanted Premises Gives Landlord The Right To Eviction From The Whole Premises: SC [Read Judgment]
5 years, 2 months ago

Kerala Rent Control Act: Sub-Letting A Part Of Tenanted Premises Gives Landlord The Right To Eviction From The Whole Premises: SC [Read Judgment]

Live Law  

The Supreme Court, interpreting the provisions of Kerala Buildings, Act, 1965, observed that sub-letting of any part of the tenanted premises gives the landlord the right to eviction from the whole premises. The contention taken in this case by the landlord was that even if the sub-tenancy is created in part of the premises, the entitlement of eviction is in respect of the whole of the premises. Thus, sub-letting of any part of the tenanted premises gives right to eviction from the whole premises. The bench observed that it is not expected of a landlord to allege sub-letting of the whole premises if the sub-letting is only in part of the premises.

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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 …

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 …

Subletting By Tenant Impermissible Under Bombay Rent Control Act Unless Contract Allows It : Supreme Court
2 years ago

Subletting By Tenant Impermissible Under Bombay Rent Control Act Unless Contract Allows It : Supreme Court

Live Law  

In a recent ruling, the Supreme Court reiterated that it won’t be lawful to sublet after the enactment of the Bombay Rents, Hotel and Lodging House Rates Act, 1947 unless the contract itself expressly provides so. “The aforestated provisions make it crystal clear that, in the ordinary course and notwithstanding anything contained in any other law, unless the contract itself …

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 …

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 …

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 …

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