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Showing posts with the label Building (Lease and Rent Control) Act 1965 (Kerala)

Whether the High Court can issue a direction to a Tenant under Article 226 to Vacate the Premises [JUDGMENT]

The Kerala Buildings (Lease and Rent Control) Act, 1965 - Section 11 (1) - W hether the High Court can issue a direction to a tenant, in exercise of the power under Article 226 of the Constitution of India, to vacate the premises occupied by him, inspite of the bar under Section 11(1) of the Act.

Whether Rent Control Court can decide Title Dispute of Tenanted Premises [CASE LAW]

The Kerala Buildings (Lease and Rent Control) Act, 1965 - Section 11 (1) -  The authorities under the Act are not supposed to decide the title in dispute between the parties since law does not extend its jurisdiction to adjudging the title of parties to the alleged tenanted premises. Such a function to decide title is exclusively confined by law to civil courts. The authority of the functionaries under the Act is only to ascertain whether denial of title in the proceedings is bonafide or not.

Husband or Wife of any Party shall be a Competent Witness in a Proceeding before Rent Control Court [Case Law]

Evidence Act, 1872 -S.120 -  Building (Lease and Rent Control) Act 1965 ( Kerala)   -  S. 11(3) - H usband or wife of any party shall be a competent witness in a proceeding before the Rent Control Court.