T.K. LALHIKA vs SETH KARSANDAS JAMNADAS

The Supreme Court held that under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, a landlord cannot apply for eviction within one year of acquiring the property through a gift deed, as per the third proviso. The Court found that the landlord's attempt to bypass this prohibition by claiming a new lease agreement was invalid. Consequently, the Court upheld the decision of the Appellate Authority and the District Court, which dismissed the landlord's eviction petition, affirming the tenant's right to remain in possession of the property.