Section 11 in The Kerala Buildings (Lease and Rent control) Act, 1965
11. Eviction of tenants.
(1)Notwithstanding anything to the contrary contained in any other law or contract a tenant shall not be evicted, whether in execution of a decree or otherwise, except in accordance with provisions of this Act;Provided that nothing contained in this section shall apply to a tenant whose landlord is the State Government or the Central Government or other public authority notified under this Act.Provided further that where the tenant denies the title of the landlord or claims right of permanent tenancy, the Rent Control Court shall decide whether the denial or claim is bona fide and if it records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and such Court may pass a decree for eviction on any of the grounds mentioned in this section, notwithstanding that the Court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded.(2)(a)A landlord who seeks to evict his tenant shall apply to the Rent Control Court for a direction in that behalf.(b)If the Rent Control Court order giving the tenant a reasonable opportunity of showing cause against the application is satisfied that the tenant has not paid or tendered the rent due by him in respect of the building within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement by the last day of the month next following that for which the rent is payable, it shall make an order directing the tenant to put the landlord in possession of the building and if it is not satisfied it shall make an order rejecting the application thereof by him;Provided that where an application under this sub-section shall be made only if the landlord has sent a registered notice to the tenant intimating the default and the tenant has failed to pay or tender the rent together with interest at six percent per annum and postal charge incurred in sending the notice within fifteen days of the receipt of the notice of refusal thereof.(c)The order of the Rent Control Court directing the tenant to put the landlord in possession of the building shall not be executed before the expiry of one month from the date of such order or such further period as the Rent Control Court may in its discretion allow, and if the tenant deposits the arrears of rent with interest and cost of proceedings within the said period of one month or such further period as the case may be, it shall vacate that order.(3)A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building if he bona fide needs the building for his own occupation or for the occupation by any member of his family dependent on him.Provided that the Rent Control Court shall not give any such direction if the landlord has another building of his own in his possession in the same city, town or village except where the Rent Control Court is satisfied that for special reasons in any particular case it will be just and proper to do so;Provided further that the Rent Control Court shall not give any direct to a tenant to put the landlord in possession if such tenant is depending for his livelihood mainly on the income derived from any trade, or business carried on in such building and there is no other suitable building available in the locality for such person to carry on such trade or business;Provided further that no landlord whose right to recover possession under an instrument of transfer inter vivos shall be entitled to apply to be put in possession until the expiry of one year form the date of such transfer;Provided further that if a landlord after obtaining an order to be put in possession transfers his rights in respect of the building to another person, the transferee shall not be entitled to be put in possession unless he proves that he bona fide needs the building for his own occupation or for the occupation of any member of his family dependent on him.(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.(5)A landlord who wants to renovate the building may apply to the Rent Control Court for an order directing the tenant to permit the landlord to enter and carry out the renovation within a time to fixed by the Court and the Court may issue such orders, as it deems fit and the tenant shall be bound to abide by the order of the Court.(6)A tenant whose building has been renovated under sub-section (5) shall be liable to pay enhanced rent so as to assure the landlord a rent equal to the rent for a similar building with similar amenities in the locality.(7)Where the landlord of the building is a religious, charitable, educational or other public institution, it may if the building is needed for the purposes of the institution, apply to the Rent Control Court for an order directing the tenant to put the institution in possession of the building.(8)A landlord who is occupying only a part of a building, may apply to the Rent Control Court for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession thereof, if he requires additional accommodation for his personal use.(9)Where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply to the Rent Control Court before the expiry of such period.(10)The Rent Control Court shall, if it is satisfied that the claim of the landlord under sub-sections (3), (4), (7), or sub-section (8) is bona fide make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by the Rent Control Court, and if the court is not so satisfied, it shall make an order rejecting the application;Provided that in the case of an application made under sub-section (8), the Rent Control Court shall reject the application if it is satisfied that the hardship which may be caused to the tenant by granting it will outweigh the advantage to the landlord;Provided further that the Rent Control Court may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in the aggregate.(11)Notwithstanding anything contained in sub-sections (1) to (10) no order for eviction or for putting the landlord in possession shall be passed-(i)Against any tenant who is engaged in any employment or any class of employment notified by the Government as an essential service for the purpose of this sub-section unless the landlord is himself engaged in any employment or class of employment which has been so notified and the landlord requires the building for his own occupation; or(ii)in respect of any building which has been let for use as an educational institution, and is actually being used as such, provided that the institution has been recognised by the Government or any authority empowered by them in this behalf, so long as such recognition continues.(12)Where a landlord who has obtained possession of a building in pursuance of an order under sub-section (3) does not occupy it without reasonable cause within one month of the date of obtaining possession, or having so occupied it, vacates it without reasonable cause within six months of such date, the tenant who has been evicted may apply to the Rent Control Court for an order directing that he shall be restored to possession of the building, and Court shall make an order according notwithstanding anything contained in section 4.(13)Where a tenant who is entitled to apply for possession under sub-section (12) fails to do so without reasonable cause within one month from the date on which the right to make the application accrued to him, the officer referred to in sub-section (1) of section 4 shall have power, if the building is required for persons specified in sub-section (3) of that section to give intimation to the landlord that the building is so required, and thereupon the provisions of sub-sections (5) and (8) of section 4 shall apply to the building;Provided that this sub-section shall not apply to building the monthly rent of which does not exceed fifteen rupees.(14)Where the Rent Control Court is satisfied that any application made by a landlord for the eviction of a tenant is frivolous, or vexatious, the Rent Control Court may direct that compensation not exceeding fifty rupees be paid by such landlord to the tenant.(15)Where an application made under sub-sections (2), (3), (4) (5) (7) or sub-section (8) for evicting a tenant has been rejected by the Rent Control Court, the tenancy shall, subject to the provisions of this Act, be deemed to continue on the same terms and conditions as before and shall not be terminable by the landlord except on one or more of the grounds mentioned in the above said sub-section.(16)Notwithstanding anything contained in this section, no person who is receiving or is entitled to receive the rent of a building merely as an agent of the landlord, shall, except with the previous written consent of the landlord, be entitled to apply for the eviction of a tenant.(17)Notwithstanding anything contained in this section a tenant who has been in continuous occupation of a building from 1st April 1940 as a tenant, shall not be liable to be evicted for bona fide occupation of the landlord or of the occupation by any member of his family dependent on him, provided that a landlord of a residential building shall be entitled to evict such a tenant of that building if the landlord has been living in a place outside the city, town or village in which the building is situated for a period of not less than five years before he makes an application to the Rent Control Court for being put in possession of the building, and requires the building bona fide for his own permanent residence or for the permanent residence of any member of his family or the landlord is in dire need of a place for residence and has none of his own.Explanation. - In computing the period of continuous occupation from 1st April 1949, the period, if any, during which the landlord was residing outside the city, town or village in which the building is situated shall be excluded.
