Commentary on the Rent Control Laws in Kerala

.............................................................................................................................
Discretion
The Hon'ble Supreme Court of India opined in Vishwanath Acharya v. State of Maharashtra, AIR 1998 SC 602, 1998 (1) KLT 481, (1998) 2 SCC 1 That the rent control act, is made for a section of the society such as tenants at the cost of building owners, but the making of such a provision or enactment may be necessary in the larger interest of the society as a whole but the benefit which is given initially if continued results in increasing injustice to one section of the society and an unwarranted largess or windfall to another, without appropriate corresponding relief, then the continuation of such a law which necessarily, or most likely, leads to increase in lawlessness and undermines the authority of the law can no longer be regarded as being reasonable. Its continuance becomes arbitrary. Though the aim of Rent Control Act is to ensure availability of buildings at a low rent to the needy public the present law has not attained this aim. On the contrary the Rent Control Act backfired and Rent and Key money has sky rocketed as availability of buildings were reduced in
the market. This is the tenth edition and is thoroughly edited, revised and updated. The analysis of each section of Act 2 of 1965 has been done meticulously. Bare Act and Rules are given in the beginning. Thereafter section by section discussion along with relevant rules and notifications is made with proper synopsis. The relevant provisions of other statutes are included in the relevant areas. Article relating to Lease License and Surrenderof lease in Kerala Stamp Act are included Difference between Lease and license are elucidated. Originally the Act was applicable to areas included in the schedule, latter some areas are included by separate notifications. These areas are listed in alphabetical order as well as district wise for easy reference. However in the case of newly formed districts the entries may be in the parent district, I thank those learned friends who had shared their views and suggestions which had substantially contributed in my work. I thank Honourable Justice Pius C. Kuriakose, who had delivered various landmark judgments in the Rent Control Law who bestowed a personal favour to me by writing a benevolent forward to the book.
.............................................................................................................................
Contents
1.    Table of Cases
2.    The Kerala Buildings (Lease and Rent Control) Act, 1965 [BARE ACT]
3.    The Kerala Buildings (Lease and Rent Control) Rules, 1979 [BARE RULES]
4.    Act Extended to New Areas by Notifications
5.    List of Applicable areas in Alphabetical Order
6.    Commentary on the Kerala Buildings (Lease and Rent Control) Act, 1965
Appendix
7.    Relevant Provisions of the Kerala Stamp Act
8.    Lease and License
9.    Model Forms of Petitions
10.  Model Forms of Objections
11.  Model Forms of Interim Applications
12.  Model Forms of Notices
13.  Model of Lease
14.  Model of License
15.  Notification Under Section 25 (1)- Buildings Owned by Infopark
       Exempted From all the Provisions of Act
16.  Index
.............................................................................................................................
Author Details
Bobby Mani T, B.Com., LL.B, Advocate, Kottayam