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Technologist (Business owner)     27 January 2010

Evicting tenant in Kerala State

 

 

My mother has a property rented by her father 60 years ago to someone in Kerala. The person is now diseased and his wife and grown up children moved out of the house and premises is abandoned for several years. The children who lived ther are grown up and are employed and has their own home. The wife of the diseased tenant also lives elsewhere. They don't vacate the property  despite several requests. They are holding it up to harass her thinking that she would give some money to move out. I would imagine that the Rent control act and Kerala Building lease act are now amended for protection for landlords.
 
They are making my mother who is in the old age to believe that they are on “Kuty Kitappu” . My mom has not much knowledge of the law. She only gets Rs.425 as rent every month. She needs this place to be evicted for sale. Any suggestion with reference to the current statues would be greatly appreciated.
 
Thanks in anticipation.


Learning

 4 Replies

B K Raghavendra Rao (Senior Advocate)     28 January 2010

Repeated question

Technologist (Business owner)     28 January 2010

 I am sorry but I posted this question in another category so that lawyers who specialise in difficult eviction would notice this post and make valuable comments such as yours.

What I would like to know is the presence of current statues in Kerala so that this undesirable tenant could be evicted without any monetary handouts as they are harassing my mother by holding up her property for no true reason besides deception and circumventing the law. 

Bobby Mani T (Lawyer)     02 August 2010

The law relating to rent of buildings and eviction are controled by The Kerala Buildings (Lease and Rent COntrol) Act 1965.

Bobby Mani T (Lawyer)     06 March 2013

you can evit the tenant on the ground of  non occupation and on the ground of own use.  or else you can file a petition for revising and fixing a fair rent for the building under section 5 of the rent control Act now prevailing.


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