https://www.taxtmi.com/caselaws?id=171260 A landlord's eviction petition under the Kerala Buildings (Lease and Rent Control) Act, 1965 was barred by the third proviso to Section 11(3) because the right to recover possession arose under a transfer inter vivos and the one-year quarantine period had not expired. The Court held that the right flowed from the gift deed by which title was acquired, not from any fresh lease arrangement. A mere change in rent or in the identity of the lessor did not amount to an implied surrender of the earlier tenancy under Section 111(f) of the Transfer of Property Act, 1882. The petition was therefore not maintainable when filed, and a fresh petition could be pursued only after expiry of the statutory bar period. en-us Tue, 31 Aug 1999 00:00:00 +0530 Wed, 15 Jul 2015 14:53:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171260 A landlord's eviction petition under the Kerala Buildings (Lease and Rent Control) Act, 1965 was barred by the third proviso to Section 11(3) because the right to recover possession arose under a transfer inter vivos and the one-year quarantine period had not expired. The Court held that the right flowed from the gift deed by which title was acquired, not from any fresh lease arrangement. A mere change in rent or in the identity of the lessor did not amount to an implied surrender of the earlier tenancy under Section 111(f) of the Transfer of Property Act, 1882. The petition was therefore not maintainable when filed, and a fresh petition could be pursued only after expiry of the statutory bar period. Case-Laws Indian Laws Tue, 31 Aug 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171260