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[Cites 0, Cited by 164] [Section 11] [Entire Act]

State of Kerala - Subsection

Section 11(4) in The Kerala Buildings (Lease and Rent control) Act, 1965

(4)A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building-
(i)If the tenant after commencement of this Act, without the consent of the landlord, transfers his right under the lease sub-lets the entire building or any portion thereof if the lease does not confer on him any right to do so;
Provided that an application under this CL shall not be made for the first time in respect of one and the same tenancy unless the landlord has sent a registered notice to the tenant intimating the contravention of the said condition of the lease and the tenant has failed to terminate the transfer of the sub-lease, as the case may be, within thirty days of the receipt of the notice or the refusal thereof.Explanation. - Where on the partition of a joint family or of the rights of co-tenants or on the dissolution of a firm, the right of the joint family or the co-tenants or the firm under a lease is vested in a member of the joint family, or a co-tenant or a partner, as the case may be, whether by act of parties or otherwise, no transfer by the tenant of his right under the lease shall be deemed to have taken place within the meaning of this CL; or
(ii)If the tenant uses the building in such a manner as to destroy or reduce its value or utility materially and permanently; or
(iii)If the tenant already has in his possession a building or subsequently acquires possession of or puts up a building, reasonably sufficient for his requirements in the same city, town or village; or
(iv)If the building is in such a condition that it needs reconstruction and if the landlord requires bona fide to reconstruct the same and if he satisfies the court that he has the plan and licence, if any required, and the ability to build and if the proposal is not made as a pretext for eviction;
Provided that the landlord who evicts a tenant and does not reconstruct completely the building within a time which may be fixed or extended by the Rent Control Court, shall on a petition before that Court be liable to a fine of rupees five hundred, if its proved that he has wilfully neglected to reconstruct completely the building within such time;Provided further that the court shall have power at any time to issue directions regarding the reconstruction of the building and on failure of compliance by the landlord, to give effect to the order in any manner the Court deems fit and in appropriate cases to put the tenant back in possession or award the evicted tenant damages equal tot he excess rent he has to pay for another building that he is occupying in consequence of such eviction;provided further that the tenant who was evicted shall have the first option to have the reconstructed building allotted to him with liability to pay its fair rent; or
(v)If the tenant ceases to occupy the building continuously for six months without reasonable cause.