Legal Question in Landlord & Tenant Law in India

Kerala Rent Control Act s.5(1) is regarding fixation of fair rent and s.11(2) is eviction for failure to pay rent. Is a suit under both sections at a time is maintainable as the prayer will be contrary to each other?


Asked on 10/14/11, 6:47 pm

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may make both the prayers as alternatives - fixation of fair rent and payment of rent during pendency of eviction application; and the eviction of tenant as final relief. However, you may seek eviction only if you are found entitled on the basis of grounds available in the Act.

Read more
Answered on 10/14/11, 7:47 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Goel

Read more
Answered on 10/15/11, 12:28 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

depends what are u luking for...

if u are filing eviction.....than u can file eviction with mesne profits....

if u want rent fixation than go for that only

Read more
Answered on 10/16/11, 12:25 am


Related Questions & Answers

More Landlord & Tenants questions and answers in India