A landlord applies under section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965, for…
When the landlord–tenant relationship is admitted, the Kerala High Court treated the proposed maintainability challenge in these circumstances as part of contesting the…
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A landlord applies under section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965, for payment of admitted arrears in an eviction case. The tenant admits the landlord–tenant relationship and later seeks to amend the response to argue that the case was filed before the agreed lease term expired. Which application should the Rent Control Court decide first?
Answer and explanation
Correct answer B
When the landlord–tenant relationship is admitted, the Kerala High Court treated the proposed maintainability challenge in these circumstances as part of contesting the eviction.
Section 12 makes payment or deposit of admitted arrears, and continued payment or deposit of rent as it falls due, a condition of contest. The court therefore hears the section 12 application first.
Option feedback
Option A
The High Court treated compliance with section 12 as a condition precedent to contesting the eviction in this situation.
Option B
The landlord's application concerns the admitted rent that the tenant must pay or deposit to contest the eviction.
Option C
The tenant's later application seeks to introduce a contention that itself constitutes contesting the eviction.
Option D
The Rent Control Court decides the section 12 application under the Act.
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Kerala Judicial Services