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 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. The Rent Control Revision came before the Court challenging the eviction order granted under Sections 11 and 11 of the Kerala Buildings Act filed by the legal representatives of the tenant. Referring to previous Apex Court and High Court decisions the Court reiterated that once, on the basis of the materials on record, the landlord has succeeded in showing that the need to occupy the premises is natural, real, sincere and honest, and not a ruse to evict the tenant from the said premises, the landlord will certainly be entitled to an order of eviction under Section 11 of the Act, of course, subject to the first and second provisos to Section 11 of the Act, held that the concurrent findings of the courts below that the need urged by the respondents is bona fide is not liable to be interfered with.

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History of this topic

Only Such Subsequent Events That Completely Negate Landlord's Needs Are Decisive For Overturning Eviction Order: Kerala High Court
1 week, 3 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 …

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 …

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court
Trending News
3 months ago

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

Live Law  

The Supreme Court observed that the eviction proceedings of unauthorized occupants of 'public premises' ought to be carried out under the statutory provisions. The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra was hearing an appeal filed by the Municipal Corporation of Greater Mumbai against the High Court's interference in the exercise of quasi-judicial powers of the Inquiry Officer …

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court
Trending News
3 months ago

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

Live Law  

The Supreme Court observed that the eviction proceedings of unauthorized occupants of 'public premises' ought to be carried out under the statutory provisions. The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra was hearing an appeal filed by the Municipal Corporation of Greater Mumbai against the High Court's interference in the exercise of quasi-judicial powers of the Inquiry Officer …

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court
3 months, 1 week 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 …

Kerala High Court:Divorced Wife Can't Be Evicted From 'Shared Household' Without Due Process
8 months, 3 weeks ago

Kerala High Court:Divorced Wife Can't Be Evicted From 'Shared Household' Without Due Process

Live Law  

The Kerala High Court in a recent judgment observed that a former wife, though divorced cannot be evicted from a shared household except through a procedure laid down by law. The Court observed that even though a divorced woman had no right over the shared household, if she was staying there during or after divorce, she could be evicted only …

[Kerala Apartment Ownership Act 1983] High-Level Committee Constituted To Recommend Modifications Based On Stakeholder Inputs: Govt Tells High Court
1 year, 1 month ago

[Kerala Apartment Ownership Act 1983] High-Level Committee Constituted To Recommend Modifications Based On Stakeholder Inputs: Govt Tells High Court

Live Law  

The Kerala High Court has been informed that interested persons can submit their versions, including suggestions in written form before the High-Level Committee constituted by the state government in connection with the Kerala Apartment Ownership Act, 1983. The High-Level Committee was constituted by the government for the identification and rectification of discrepancies between the Kerala Apartment Ownership Act, 1983, and …

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 …

Trespasser Having No Jural Relationship With State Can't Insist On Procedure For Eviction Under Public Premises Act: Kerala High Court
2 years ago

Trespasser Having No Jural Relationship With State Can't Insist On Procedure For Eviction Under Public Premises Act: Kerala High Court

Live Law  

The Kerala High Court recently held that a rank trespasser has no recognition under law as far as illegal occupation of a public premise is concerned, and that the Court cannot accord such person with some sort of protection regarding the illegal use of the premise.The Court in this case was dealing with a rank trespasser who was an occupant …

Revenue Divisional Officer Not Empowered To Order Recovery Of Possession Under TN Tenancy Law: High Court
2 years, 3 months ago

Revenue Divisional Officer Not Empowered To Order Recovery Of Possession Under TN Tenancy Law: High Court

Live Law  

The Madras High Court has held that the Revenue Divisional Officer, which is a rent authority does not have powers to order for recovery of possession as per the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. The court thus observed, As per Section 21 of the Act, the Rent Court alone has got powers …

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 …

Kerala Municipality Act | No Property Tax Exemption U/S 235 For Building Given On Rent Merely Because Rent Is Utilised For Charity: High Court
2 years, 7 months ago

Kerala Municipality Act | No Property Tax Exemption U/S 235 For Building Given On Rent Merely Because Rent Is Utilised For Charity: High Court

Live Law  

The Kerala High Court recently ruled that a building given on rent will not be exempted from property tax under Section 235 of the Kerala Municipality Act merely because the rent received is utilised for charity purposes.Upon going through the provision, Justice Shaji P. Chaly observed that property tax exemptions only applied to buildings utilised for the specified proposes while. …

Municipality Act | Secretary Can Issue Notice, Take Action Upon Finding Illegal Construction Being Carried Out : Kerala High Court
3 years, 1 month ago

Municipality Act | Secretary Can Issue Notice, Take Action Upon Finding Illegal Construction Being Carried Out : Kerala High Court

Live Law  

The Kerala High Court on Monday held that the Secretary of a Municipality is empowered to issue notice and initiate suitable action if a building construction is found to be proceeding illegally within their jurisdiction. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed so while dealing with a set of appeals filed under the …

Tenants Ought To Be In Actual Possession Of Premises To Avail Benefit Of Section 9 Of TN City Tenants Protection Act: Supreme Court
3 years, 4 months ago

Tenants Ought To Be In Actual Possession Of Premises To Avail Benefit Of Section 9 Of TN City Tenants Protection Act: Supreme Court

Live Law  

The Supreme Court on Thursday reiterated that the tenants ought to be in actual possession of the premises to avail the benefit of Section 9 of the Tamil Nadu City Tenants Protection Act, 1972, which deals with the application filed by the tenant before the Court to direct the landlord to sell the land. Another judgement of the Supreme Court …

Plea Before Kerala High Court Questions Constitutionality Of Section 2 Of Kerala Apartment Ownership Act
3 years, 5 months ago

Plea Before Kerala High Court Questions Constitutionality Of Section 2 Of Kerala Apartment Ownership Act

Live Law  

A plea has been filed before the Kerala High Court challenging the constitutional validity of Section 2 of the Kerala Apartment Ownership Act,1983. Justice Devan Ramachandran admitted the writ petition and the matter has been posted on 11th October.The petition moved through Advocate Johnson Gomez was preferred by the apartment owners associations under the Kent Mahal Complex and Kent. The …

Kerala High Court Conditionally Stays Stop Memo Against Judicial Officers' Apartment Complex
3 years, 10 months ago

Kerala High Court Conditionally Stays Stop Memo Against Judicial Officers' Apartment Complex

Live Law  

The Kerala High Court on Friday issued a conditional stay of the stop memo issued by the Kochi Corporation to the Kerala Judicial Officers' Cooperative Society suspending the construction of a 15-storey apartment complex at Chalikkavattom. The stop memo was issued after a complaint alleged that part of the building, 3.27 acres, was being constructed on nilam property. The Cochin …

'Duty Cast On State To Provide Adequate Car Parking Space In Courts' : Kerala HC Directs State, Cochin Corporation To Take Steps To Develop Car Parking Area
4 years, 1 month ago

'Duty Cast On State To Provide Adequate Car Parking Space In Courts' : Kerala HC Directs State, Cochin Corporation To Take Steps To Develop Car Parking Area

Live Law  

The Kerala High Court has directed the State Government and the Cochin Corporation to take time-bound steps to develop car-parking area for the Court by acting on a proposal made by the Railways to lease out a portion of its land near the Salim Rajan Road.A division bench comprising Chief Justice S Manikumar and Justice A M Shaffique observed in …

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 …

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 …

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 …

In Eviction Proceedings, Entries In Property Tax Register Of Local Authority Cannot Be Conclusive Proof Of Landlord's Occupation Of Vacant Building : Kerala HC Full Bench[Read Judgment]
6 years, 3 months ago

In Eviction Proceedings, Entries In Property Tax Register Of Local Authority Cannot Be Conclusive Proof Of Landlord's Occupation Of Vacant Building : Kerala HC Full Bench[Read Judgment]

Live Law  

A Full Bench of High Court of Kerala has held that entries in property tax register or building tax register of local authority cannot be taken as conclusive proof of occupation of vacant building in eviction proceedings under the Kerala Buildings Act, 1965When a landlord projects his bona fide need of rented premises to seek eviction of tenant, the possession …

In Eviction Proceedings, Entries In Property Tax Register Of Local Authority Cannot Be Conclusive Proof Of Landlord's Occupation Of Vacant Building : Kerala HC Full Bench[Read Judgment]
6 years, 3 months ago

In Eviction Proceedings, Entries In Property Tax Register Of Local Authority Cannot Be Conclusive Proof Of Landlord's Occupation Of Vacant Building : Kerala HC Full Bench[Read Judgment]

Live Law  

A Full Bench of High Court of Kerala has held that entries in property tax register or building tax register of local authority cannot be taken as conclusive proof of occupation of vacant building in eviction proceedings under the Kerala Buildings Act, 1965When a landlord projects his bona fide need of rented premises to seek eviction of tenant, the possession …

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, 10 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 …

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]
9 years, 2 months ago

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]

Live Law  

Full Bench of Allahabad High Court in Yogesh Agarwal vs. Union of India has held that eviction order passed under Section 5A of the Public Premises Act, 1971 is not appealable. Bench comprising of the Chief Justice Hon'ble Dr Dhananjaya Yeshwant Chandrachud, Justices Manoj Kumar Gupta and Yashwant Varma held that High Court in the exercise of its. Bench comprising …

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