High court ruling on tenant eviction

KOCHI: Tenants won't be eligible for protection from eviction if they are not occupying the rented premises any longer, the Kerala high court held.
The ruling by a division bench comprising Justices K T Sankaran and P Ubaid came while considering a petition filed by C P Paul of Vytilla questioning Ernakulam rent control court's order to evict him from a building on MG Road in Kochi.
After taking a portion of Alangadan Buildings (1,200 square feet) on MG Road on rent, Paul had given the premises to his daughter and son-in-law for running a dental clinic. This was after he bought a five-storied building with total space of 30,000 square feet in the same locality, where he is running a hotel.
Declining to interfere in the rent control court's order, the judgment authored by Justice Ubaid said only those who are in possession of rented property has protection from eviction under Kerala Buildings (Lease and Rent Control) Act. Unscrupulous tenants, who try to continue on the premises by all means possible even when they have ceased to occupy the premises, or have otherwise handed over the premises to somebody, would not get the benefit of the protection under the Act. When such tenants come before the court, it must be the concern of the court that the provisions of the Act are not allowed to be misused, the court held.
The Act was introduced in Kerala with the social object of protecting tenants from unscrupulous and arbitrary eviction, while protecting the interests of landlords, the court pointed out.
The ruling by a division bench comprising of justices KT Sankaran and P Ubaid was while considering a petition filed by CP Paul of Vytilla questioning Ernakulam rent control court's order to evict him from a building at MG Road in Kochi.
After availing a part of Alangadan Buildings (1,200 square feet) on MG Road on rent, Paul had given the premises to his daughter and son-in-law for running a dental clinic. This was after he bought a five-storied building with total space of 30,000 square feet in the same locality, where he is running a hotel.
Declining to interfere in the rent control court's order, the judgment authored by justice Ubaid said only those who are in possession has protection from eviction under Kerala Buildings (Lease and Rent Control) Act. Unscrupulous tenants who would try to continue in the premises by all means possible, even when they have ceased to occupy the premises, or have otherwise handed over the premises to somebody, would not get the benefit of the protection under the Act. When such tenants come before the court, it must be the concern of the court that the provisions of the Act are not allowed to be misused, the court held.
The Act was introduced in Kerala with the social object of protecting tenants from unscrupulous and arbitrary eviction, while protecting the interests of landlords, the court pointed out. (Case no. RCR 407/2013)