Kuniyil Abdulla v. Sadhik @ Jainusadhick

  • Rent

Buildings (Lease and Rent Control) Act, 1965 (Kerala) – Acceptance of rent by the landlord after the forfeiture of a lease on account of the failure by the tenant to accomplish his statutory obligation under Section 11(2)(c) of the Act would not amount to waiver, either express or implied.

Buildings (Lease and Rent Control) Act, 1965 (Kerala) – the tenant cannot take shelter to the plea of waiver by making payments subsequent to the date on which the order of eviction under Section 11(2)(b) of the Act has become final.

Waiver – A private right created by operation of a statutory provision can be waived by the person in whose favour and benefit that right has been created and accrued, provided there is no violation of any public right or public policy.

Rent Control & EvictionCan waiver be claimed against a statutory obligation? Waiver in legal parlance is an elusive term. It takes shades from the situations. Waiver can be express or implied. Does receipt of unqualified payments by the landlord waive the statutory obligation of the tenant under Section 11(2)(c) of the Kerala Buildings (Lease and Rent Control) Act, 1965 ? Explained.

  1. Would deposit of arrears of rent, interest and costs, unaccompanied by a formal application automatically vacate an order of eviction under Section 11(2) (b) of the Act ?
  2. Would receipt of money covering arrears of rent, interest and costs, without any demur by the landlord waive his right for eviction as per order under Section 11(2)(b) of the Act ?

Case Law Reference

  1. Kalpraj Dharamshi v. Kotak Investment Advisors Ltd., 2021 SCC Online SC 24
  2. Jayesh H. Pandya v. Subhtex India Ltd., 2019 SCC Online SC 1101
  3. State of Punjab v. Davinder Pal Singh Bhullar, (2011) 14 SCC 770
  4. Mohammed Kannu Abdul Rasheed v. Nazarudeen, 2013 (4) KHC 491
  5. Muhammed Kannu Abdul Rasheed v. Nazarudeen, 2012 (2) KHC 756
  6. J.Ramachandran Nair v. Lebba Kunju Ammer Hamza, 2009 (2) KHC 811
  7. Haroon v. Sainabha, 1992 (1) KLT 868
  8. Pulin Behari Lal v. Mahadeb Dutta, (1993) 1 SCC 629
  9. Shalimar Tar Products Ltd. v. H.C. Sharma, (1988) 1 SCC 70
  10. Associated Hotels of India v. Ranjit Singh, AIR 1968 SC 933