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[Cites 0, Cited by 0] [Section 4] [Entire Act]

State of Kerala - Subsection

Section 4(6) in The Kerala Buildings (Lease and Rent control) Act, 1965

(6)
(a)Where a landlord has two or more residential buildings in the same city, town or village and they have not been let by him, the landlord may choose any one of such buildings for his own occupation and shall give notice to the Accommodation Controller specifying the building so chosen by him and every other building not so chosen.
(b)When giving notice as aforesaid, the landlord shall also specify therein
i. Whether any building other than the one chosen by him under CL (a) has been continuously in the occupation of any member of his family or of any dependant of the landlord; orii. Whether he requires any such building for the occupation of any member of his family.
(c)In the case referred to in sub-CL (i) of CL (b), the Accommodation Controller may, if he is satisfied that the occupation of the building by any member of the family or any dependant of the landlord is bona fide, make an order permitting the landlord to allow such member or dependant to continue to occupy the building, and if the Accommodation Controller is not satisfied, he shall make an order refusing such permission.
(d)In the case referred to in sub-CL (ii) of CL (b) the Accommodation Controller may, if he is satisfied that the building is required by any member of the family of the landlord bona fide for such occupation, make an order permitting the landlord to allow such member to occupy the building, and if the Accommodation Controller is not so satisfied he shall make an order refusing such permission.
(e)Any landlord who is aggrieved by any order passed by the Accommodation Controller under CL (c) or CL (d) may, within fifteen days from the date of the receipt of such order, prefer an appeal in writing to the District Collector within whose jurisdiction the building in respect of which the order appealed against is situated and he shall pass such orders on the appeal as he may think fit.
(f)Every notice given by the landlord under CL (a) shall in so far as it relates to any building other than the one chosen by him for his occupation be deemed to be a notice under sub-section (1) and the provisions of sub-section (3) shall thereupon apply in respect of such buildings;
Provided that in respect of any building referred to in CL (a) whereof an order under CL (c) or CL (d) of CL (e) is made, the provisions of sub-section (3) shall apply as if notice had been given by the landlord under sub-section (1) immediately after the lapse of a period of fifteen days from the date of receipt by the landlord of the order passed by the Accommodation Controller, or, if an appeal has been preferred to the District Collector against that order within that period, as if notice had been given as aforesaid by the landlord on the date of the order passed on the appeal.
(g)The Accommodation Controller shall allot the building vested in him under sub-section (5) or subsection (6) to persons mentioned in sub section (3) according to the rules and priorities prescribed by the government.