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Technologist (Business owner)     28 January 2010

To evict an old tenant in Kerala state.

I woud like to get coments from learned lawyers who read this forum.

My mother has a property in Kerala rented by her father 60 years ago to someone there. She has the ownership now. The person to whom it was rented to, is diseased and his wife and grown up children were moved out of the house long ago.
The house was abandoned for several years by them. They continue pay a small rent. The children who lived there are grown up and employed. They have their own homes. The wife of the diseased tenant also lives elsewhere. They don't vacate the property  despite several requests. They are holding it up to harass my mother thinking that she would give some money to move out. 
They are also making my mother who is in the old age to believe that they are on “Kuty Kitappu” . My mom has little knowledge of the law and allowed to stay there this long out of compassion. She only gets Rs.425 as rent every month. This place needs to be evicted as soon as possible.
Any suggestion to evict them with reference to the current statues and legislation would be greatly appreciated.
Thank you kindly in anticipation of helpful comments.

 3 Replies

B K Raghavendra Rao (Senior Advocate)     28 January 2010

Eviction is possible only in accordance with law.  You have to file a suit for eviction.  Get a decree of ejection and throw them out.

1 Like

Technologist (Business owner)     28 January 2010

Thank you so much for your comment. I really appreciate it. 

My mother filed a civil suit to evict this particular tenant about 25 years ago. The tenant then lied to the judge that she did not have a place to go and therefore they should be allowed to continue to stay under the "Kuti Kitappu" law in Kerala. The judge allowed them to stay there. Now,  I don't know there is such a thing called "Kuti Kitappu" law in India and in Kerala in particular in view of the much developments took place with even foreign companies renting places. 

As a matter of fact, all the children of this lady have newly built homes and fulltime employed. The place she is now staying, away from the rented house, is falsely registered to some other person in er family even though she has true ownership of the place. She is staying at this place for several years holding my mother's property in exchange of monetary handout.

The neighbours have contempt on this tenant as they know taht this tenant is a lier and deceive people despite having their own properties while my mother gets only Rs.425. a month even in her old age. They are the one who imparted the infformation to my mother that no one is staying at the rented house.

Could you kindly advice under what statues my mother could file a motion to evict them as she doesn't require this house for her  own residence?

Thank you so much. 

Bobby Mani T (Lawyer)     02 August 2010

There is kuti kidappu in kerala and it is controled by Landreforms Act.  This building does not come under that Act because its rent is 400.  you have to file a petition under rent control Act for evicting your tenant.  I would like to know in which district you belong.  There is an association functioning in Kerala where landlords meet occationally and fight for their cause.  visit it is the association's web site.  Do not be disharted.

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