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Section 2: Definitions

The Kerala Buildings (Lease and Rent Control) Act 1965State Act of Kerala · Act 2 of 1965

In this Act, unless the context otherwise requires,—

(1) “building” means any building or hut or part of a building or hut, let or to be let separately for residential or non-residential purposes and includes—

(a) the garden, grounds, wells, tanks and structures, if any, appurtenant to such building, hut or part of such building or hut, and let or to be let along with such building or hut;

(b) any furniture supplied 3[xxxx] by the landlord for use in such building or hut or part of a building or hut, * President’s Act enacted on the 4th day of July, 1965 and published in the Kerala Gazette Extraordinary No.60 dated 7th July, 1965. (plz. See notification)

1. Omitted by Act 8 of 1968.

2. Substituted by Act 8 of 1968.

3. Omitted by Act 7 of 1966.

but does not include a room in a hotel or boarding-house ;

1[(c) any fittings or machinery belonging to the landlord, affixed to or installed in such building or part of such building, and intended to be used by the tenant for or in connection with the purpose for which such building or part of such building is let or to be let.]

(2) “Accommodation Controller” means any person appointed to perform the functions of an Accommodation Controller under this Act;

(3) "landlord " includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant.

Explanation.—A tenant who sub-lets shall be deemed to be a landlord within the meaning of this Act in relation to the sub-tenant ;

(4) "prescribed" means prescribed by rules made under this Act ;

(5) "Rent Control Court" means the Court constituted under section 3 ;

2[(6) "tenant " means any person by whom or on whose account rent is payable for a building and includes—

(i) the heir or heirs of a deceased tenant, and

(ii) a person continuing in possession after the termination of the tenancy in his favour, but does not include a Kudikidappukaran as defined in the Kerala Land Reforms Act, 1963 (Kerala Act I of 1964), or a person placed in occupation of a building by its tenant, or a person to whom the collection of rents or fees in a 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;]

(7) "unconscionable rent" means any rent which is more than double the maximum of the fair rent that could be fixed for a building under section 5.

Where this provision sits

ActThe Kerala Buildings (Lease and Rent Control) Act 1965
Section2
Marginal noteDefinitions
JurisdictionState of Kerala
StatusIn force as published by the source

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