A landlord sells a tenanted building to a buyer by sale deed. The buyer’s right to recover possession…
The third proviso to section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 requires a landlord whose right arises under an instrument of transfer inter…
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A landlord sells a tenanted building to a buyer by sale deed. The buyer’s right to recover possession arises from that deed. Which application is subject to a one-year waiting period from the date of the deed under the Kerala Buildings (Lease and Rent Control) Act, 1965?
Answer and explanation
Correct answer B
The third proviso to section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 requires a landlord whose right arises under an instrument of transfer inter vivos to wait one year from the date of that instrument before applying under section 11(3).
A sale deed is an instrument of transfer inter vivos. The proviso concerns the own-occupation ground.
Option feedback
Option A
The proviso belongs to section 11(3) and does not state a bar for every ground under section 11.
Option B
The buyer’s right arises under the sale deed, so the one-year waiting period applies to a section 11(3) application.
Option C
Section 11(8) addresses additional accommodation for an already part-occupying landlord. The one-year proviso is in section 11(3).
Option D
Section 12(3) concerns a failure to pay or deposit rent during pending proceedings. The one-year proviso does not appear there.
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Kerala Judicial Services