(1) No landlord shall, without just or sufficient cause, cut off or withhold any of the amenities enjoyed by the tenant.
(2) A tenant in occupation of a building may, if the landlord has contravened the provisions of this section, make an application to the 1[Accommodation Controller] complaining of such contravention.
(3) If the tenant satisfies the 2[Accommodation Controller] that the amenities were cut off or withheld with a view to compel him to vacate the building or to pay an enhanced rent, the 3[Accommodation Controller] may pass an interim order, directing the landlord to restore the amenities immediately, pending the enquiry referred to in sub-section (4).
Explanation.—An interim order may be passed under this sub-section without giving notice to the landlord. Any interim order so passed may be modified or cancelled by final order and the 4[Accommodation Controller] may give effect to such modification or cancellation.
(4) If the 5[Accommodation Controller] on inquiry finds that the tenant has been in enjoyment of the amenities and that they were cut off or withheld by the landlord without just or sufficient cause, 6[he] shall make an order directing the landlord to restore such amenities and for the purpose of enforcement of such orders, the 7[Accommodation Controller] may exercise all the powers of a Civil Court in executing a decree for injunction or for specific performance.
(5) The 8[Accommodation Controller] may in 9[his] discretion direct that compensation not exceeding fifty rupees—
(a) be paid to the landlord by the tenant, if the application under sub-section
(2) was made frivolously or vexatiously ;
(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the amenities frivolously or vexatiously.
10[Any application under section 13 of the Principal Act pending before the Rent Control Court immediately before the commencement of the Kerala Buildings ( Lease and Rent Control) Amendment Act,1966, shall stand transferred to the Accomodation Controller who may proceed to deal with it either afresh or from the stage at which it stands transferred and any order of the Rent Control Court
1. Substituted by Act 7 of 1966.
2. Substituted by Act 7 of 1966.
3. Substituted by Act 7 of 1966.
4. Substituted by Act 7 of 1966.
5. Substituted by Act 7 of 1966.
6. Substituted by Act 7 of 1966.
7. Substituted by Act 7 of 1966.
8. Substituted by Act 7 of 1966.
9. Substituted by Act 7 of 1966.
10 Inserted by Act 7 of 1966.
under the said section 13 shall have effect not only asan order of that Court, but also as an order made by the Accomodation Controller.]
1[(6) (a) A tenant or landlord aggrieved by an order passed by the Accommodation Controller under this section may within thirty days from the date of receipt of such order prefer an appeal in writing to the District Collector within whose jurisdiction the building in respect of which the order appealed against is passed is situate and he shall pass such orders on the appeal as he may deem fit.
(b) The District Collector shall have the powers vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the matters specified in clauses (a) to (k) of sub-section(1) of section 23, for the purpose of disposing of an appeal under this sub-section.]