Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide requirement - Dependency contemplated u/s 11(3) of the Act, does not mean financial dependency alone...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12 -- Rent and eviction - Arrears of rent - Whether S.12(1) of the Act casts an obligation on tenant to pay admitted arrears of rent in order to contest an appeal filed challenging an order u/s 12(3) of the Act - Such an obligation can be attracted only if S.12(1) of the Act provides it statutorily - S.12(1) of..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12(3) -- Rent and eviction - Arrears of rent - Non-deposit of admitted arrears of rent - No separate notice required to be issued to tenant to enable him to show sufficient cause for not depositing admitted arrears of rent - As on date stipulated for effecting such payment by virtue of order passed u/s 12(1)(2)..........
Service -- Age of retirement - Claim to continue in service till attains age of 60 years - Appellant was appointed as Project Officer in Center for Adult Continuing Education and Extension (CACEE) - Center is not a college within meaning of S.2(7) of Kerala University Act, as same is not maintained by University and it is self financing centre - Appellant having never..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b) -- Eviction petition - Arrears of rent - Landlord had issued notice to tenant demanding him to pay arrears of rent - Despite issuing reply notice, tenant not paid admitted arrears of rent - Tenant rightly evicted...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - As per landlord, his brother is depending on them - Brother needed shop rooms to start a ready-made garments business - Brother was employed abroad has returned to India for good and he proposes to start business - Even, brother gave evidence in line with averments in..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - It is not for tenant to dictate choice of landlord in deciding proposed business...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - Burden of proof - Entire burden of proof is on tenant to substantiate that RCP is hit by first proviso to S.11(3) of the Act and that tenant is entitled to benefit of second proviso to S.11(3) of the Act...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv), Evidence Act, 1872, Section 114 -- Eviction petition - Refusal to adduce evidence - Adverse inference - Cardinal flaw in defence set up by tenant is that he refused to mount the box and give any evidence to corroborate with defence set up in written objection - It was rudimentary for tenant to..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Proviso - Eviction petition - Bonafide need - It is not disputed that tenanted premises is situated in ground floor and new vacant room is on first floor of building - Even, if landlord has got another vacant room in his possession on first floor same is of no consequences at all and that will not cause..........
