Explain a statutory tenant and a tenancy by holding over.

What are the

characteristics of both?

WHO IS A TENANT?

S. 2 (6) of the Kerala buildings lease and rent control act,1965 defines a
tenant as ‘any person whom or on whose account rent is payable for a building and
includes heir of the deceased tenant. Hence a tenancy of building is heritable.

The Act envisages two types of tenants:

1. A tenant per se and

2. A statutory tenant.

A tenant per se is any tenant who is instituted in a building by an

agreement or otherwise, and the rent is paid out of his pocket or property and
includes the heir/ heirs of the deceased tenant.

A statutory tenant, on the other hand, is a tenant who is continuing in

possession even after the termination of the tenancy in his favour. Statutory
tenant itself can be classified into two.

1. Tenant by holding over.

2. Tenant at sufferance.

If after the determination of the tenancy, the tenant continues in possession

of the leased premises with the assent of the landlord, he is popularly known as
‘tenant by holding over’ and if such continual in possession is without the assent
of the landlord, he is a ‘tenant at sufferance’.
 However there is a subtle difference between a 'tenant by holding over' and a
tenant at sufferance, as clearly stated by the supreme court in R.V. Bhupal Prasad
v. State of Andhra Pradesh as follows;

Holding over stands equivalent to the retention of possession after

determination of lease, but with the consent of the landlord; whereas, on similar
circumstances if the possession is without the consent of the landlord then the
same stands out to be a tenant at sufferance.

However the Rent control Act specifically excludes the following category
from the purview of tenants.

1. A kudikidappukaran, as defined in Kerala Land Reforms Act.

2. A person placed in occupation of a building by its tenant.
3. A person to whom collection of rents or fees in public market, cart
stand or slaughter house or of rents for shops has been farmed out
or leased by a Municipal Council, Municipal Corporation,
Township committee or Panchayat.

RIGHTS OF TENANT

1. Right to fair rent

The tenant is liable to pay only the fair rent. The fair rent shall be determined by
the Rent Control Court on application made by the tenant or the landlord as the
case may be.
2. Right against arbitrary eviction

 The tenant shall not be evicted except under the grounds mentioned in S. 11
of the Act.
 Any order of eviction on the ground of arrears of rent shall not be executed
except after the expiry of one month from the order. The court shall vacate
the order if the tenant deposits the arrears of rent with the cost of
proceedings within the said period.
 Where landlord seeks to evict the tenant on the ground of bona fide need for
his own occupation of the family members, the Court shall not give a
direction to the tenant to put the landlord in possession, if the livelihood of
the tenant is solely dependent on the income derived from any trade or
business carried on in that building and there is no other suitable available in
the locality

 Where tenancy is for an agreed period, the landlord shall not be entitled to
tender an application for eviction to the Rent Control Court before the expiry
of such period.

 No tenant shall be evicted on the ground of additional accommodation for

personal use of the landlord where the hardship of the tenant outweighs the
advantages of the landlord.

 Where a tenant is evicted on the ground of bonafide need for reconstruction,

and having evicted the tenant, the landlord willfully neglected to
reconstruction the building within such time fixed or extended by the Rent
Control Court, the Court may impose a fine of Rs. 500/-. Upon failure of the
 landlord, the court may issue further directions regarding the reconstruction
and may even put back the tenant in possession in appropriate cases or
award the evicted tenant damages equivalent to the excess rent he has to pay
for another building that he is occupying in consequence of the eviction.

 The tenant so evicted shall have the first option to have the reconstructed
building allotted to him with the liability to pay the fair rent. The wide
powers under the proviso to S. 11 (4) (iv) include the powers even to permit
the affected tenant, in appropriate cases to carry out the reconstruction if the
landlord persists his unreasonable refusal to complete reconstruction.

3. Right of restoration

Where an eviction was effected by the landlord for his own use, the tenant can
seek a restoration of possession,

 If the landlord does not occupy it without reasonable cause within one
month of the date of obtaining possession, or
 Having so occupied it, vacates it without reasonable cause within six
months of such date.

4. Right not to be interfered with the amenities

The tenant has a right to not to be interfered with the amenities enjoyed by him.
If any landlord cut off or withhold the amenities enjoyed by the tenant with a view
to compel him to vacate the building or to pay an enhanced rent or without just and
reasonable cause, to the satisfaction of the Accommodation Controller, the
Accommodation Controller may pass such orders directing the landlord to restore
the amenities and to pay compensation not exceeding Rs. 50/-. The provision
concerning compensation requires revision.

5. Right to periodical maintenance

It shall be the duty of the landlord to attend to the periodical maintenance and
necessary repairs of the building.

If the landlord fails to attend to such maintenance or repairs to the building and
amenities within reasonable time, the Accommodation Controller may direct on
application by the tenant that such maintenance and repairs be attended by the
tenant. The charges and the costs incurred may be deducted from the rent payable
at an interest of 6% p.a.

6. Frivolous Petition

Where an application for eviction made by the landlord is frivolous or

vexatious, the tenant shall be entitled to compensation.

However, this provision has now become obsolete since the maximum
compensation to be paid by the landlord to the tenant as per the statute is Rs. 50/-.

The compensation payable should be augmented in tune with the changing

times in accordance with the principle of compensatory costs under S. 35A and
S.95 of CPC.
DUTIES OF TENANT

1. Duty to issue notice of vacancy

 A tenant shall within 15 days of his vacating the building occupied by him,
shall give a notice of it in writing to the Accommodation Controller.
 If the tenant puts another person in occupation of a building and does not
reoccupy it within a period of three months, the tenancy is deemed to be
terminated.
 The tenant is duty-bound to give the notice of such termination to the
Accommodation Controller within 15 days of such termination.
 However, the tenant may, before the expiry three months, apply the
Accommodation Controller reoccupy the building within a period of six
months, and if such permission is granted, the tenancy may continue.
 Any person contravening the aforementioned provision shall be punishable
with fine which may extend to Rs. 2000 and in default to simple
imprisonment which may extend to two weeks.

2. Duty to inform the particulars of the building

 Every landlord and every tenant shall be bound to furnish to the
Accommodation Controller, the Rent Control Court or any person
authorized by it in that behalf, such particulars in respect of the building
as may be prescribed under the Act.
 The particulars to be furnished are enumerated under S. 27 are
enumerated in Rule 12 of the Kerala Buildings, Lease and Rent Control
Rules, 1979.
3. Duty not to sublet without the consent of the landlord

The tenant shall not, without the consent of the landlord, transfer his right under
the lease or sublet the entire building or any portion thereof if the lease does not
confer on him any right to do so.

The consent of the landlord should preferably in writing. Mere silence, inaction
or lack of initiative on the part of the landlord in the absence of any positive action
would not amount to an implied consent.

4. Duty not to destroy or to reduce the utility of the building

The tenant shall not use the building in such manner as to destroy or reduce its
value or utility materially and permanently.

However, effecting minor alterations without affecting the value or utility of the
building shall not be a ground for eviction under S. 11 (4) (ii).
 A Hindu converts to another religion in 2000. He dies in the year 2006.
His major son who has been professing Hindu faith since childhood claims
inheritance in 2007 under the Hindu Succession Act. Is he entitled to claim
succession under the Act?

The Hindu religious law in relation to property matters or inheritance was

codified through the enactment of the Hindu Succession Act, 1956.

However, the Hindu Succession Act, 1956 it didn’t expressly or impliedly

provide for any form of disqualification in case of a Hindu converts to another
religion. Although under Section 26 of the Hindu Succession Act, 1956, provides
that the descendants of the convert born after the conversion were disqualified
from inheriting the property of any of their Hindu relatives.

Section 26 of the Hindu Succession Act, 1956 read as follows;

Convert’s descendants disqualified.—Where, before or after the commencement

of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another
religion, children born to him or her after such conversion and their descendants
shall be disqualified from inheriting the property of any of their Hindu relatives,
unless such children or descendants are Hindus at the time when the succession
opens.

Under the Hindu Succession Act, if an individual converts to another

religion, then his/her children born after conversion will lose the right of
succession to property of any of their Hindu relatives. This is because while
deciding the inheritance rights, the religion of the person at the time of his/her
birth has to be taken into account.
 What are the grounds on which an election under the Panchayath Raj Act
can be declared as void by Court? Can the Court declare any other person than
the petitioner as elected? If so, under what circumstances?

The Grounds on which an election under the Panchayath Raj Act can be
declared as void by Court are as follows

If the court is of opinion that-

1. On the date of his election a returned candidate was not qualified, or was
disqualified, to be chosen to fill the seat under this Act; or
2. Any corrupt practice has been committed by a returned candidate or his
election agent or by any other person with the consent of a returned
candidate or his election agent; or
3. Any nomination has been improperly rejected; or
4. The details furnished by the elected candidates were fake;
5. That the result of the election, in so far as it concerns a returned candidate,
has been materially affected –
 By the improper acceptance of any nomination, or
 By any corrupt practice committed in the interests of the
returned candidate by an agent other than his election agent; or
 By the improper reception, refusal or rejection of any vote or the
reception of any vote which is void; or
 By any non-compliance with the provisions of this Act or of any
rules or orders made there under,
In all these circumstances the court shall declare that the election of the
returned candidate to be void.
Grounds for which a candidate other than the returned candidate may be
declared to have been elected.

If any person who has lodged a petition has, in addition to calling in question
the election of the returned candidate, claimed a declaration that he himself or any
other candidate has been duly elected and the court is of opinion –

1. That in fact the petitioner or such other candidate received a majority of the
valid votes; or
2. That but for the votes obtained by the returned candidate by corrupt
practices the petitioner or such other candidate would have obtained a
majority of the valid votes, the court shall after declaring the election of the
returned candidate to be void declared the petitioner or such other candidate,
as the case may be, to have been duly elected.

KERALA PANCHAYAT RAJ ACT, 1994

CHAPTER X:- DISPUTES REGARDING ELECTIONS

CHAPTER XI: CORRUPT PRACTICES AND ELECTORAL OFFENCES

CORRUPT PRACTICES AND ELECTORAL OFFENCES ( Chapter xi )

The following shall be deemed to be corrupt practices for the purposes of

Kerala Panchayath Raj Act.

1. 'Bribery', that is to say, -

A. Any gift, offer or promise by a candidate or his agent or by any other
person with the consent of a candidate or his election agent, to any person
with the object, directly or indirectly of inducing -
a. A person to stand or not to stand as, or to withdraw or not to
withdraw from being a candidate at an election, or
b. An elector to vote or refrain from voting at an election, or as a
reward to
 A person for having so stood, or not stood, or for having
withdrawn or not having withdrawn his candidature; or
 An elector for having voted or refrained from voting;

B. The receipt of, or agreement to receive, any gratification, whether as a

motive or a reward
 By a person for standing or not standing as, or for withdrawing or
not withdrawing from being, a candidate; or
 By any person for himself or any other person for voting or
refraining from voting, or inducing or attempting to induce any
elector to vote or refrain from voting, or any candidate to
withdraw or not to withdraw his candidature.
 The term gratification is not restricted to pecuniary gratifications or
gratifications estimable in money and it includes all forms of entertainment and all
forms of employment for reward but it does not include the payment of expenses
bonafide incurred at, or for the purpose of, any election and duly entered in the
account of election expenses.

2. 'Undue influence', that is to say, any direct or indirect interference or attempt to

interfere on the part of the candidate, or his agent, or of any other person with
the consent of the candidate or his election agent; with the free exercise of any
electoral right.
3. The appeal by a candidate or his agent or by any other person with the consent
of a candidate or his election agent to vote or refrain from voting for any person
on the ground of his religion, race, caste, community or language or the use of,
or appeal to religious symbols or the use of, or appeal to national symbols such
as the national flag or the national emblem.
4. The promotion of, or attempt to promote, feelings of enmity or hatred between
different classes of the citizens of India on grounds of religion, race, caste,
community, or language by a candidate or his agent or any other person with
the consent of a candidate or his agent.
5. The publication by a candidate or his agent or by other person, with the consent
of a candidate or his election agent, of any statement of fact which is false, and
which he either believes to be false or does not believe to be true, in relation to
the personal character or conduct of any candidate.