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    <title>1995 (11) TMI 477 - KERALA HIGH COURT</title>
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    <description>Sections 5, 6 and 8 of the Kerala Buildings (Lease and Rent Control) Act, 1965 were examined for constitutionality because they fixed fair rent by reference to outdated factors, provided no mechanism for periodic revision, and prohibited rent above the fair-rent ceiling. The Court held that a rent-control scheme which freezes rent for long periods despite changed economic conditions, rising costs and reduced money value becomes arbitrary and unreasonable, and can no longer qualify as a fair restriction on the landlord&#039;s rights under Articles 14 and 19(1)(g). It also held that the scheme infringed Article 21. The provisions were therefore held unconstitutional.</description>
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    <pubDate>Thu, 02 Nov 1995 00:00:00 +0530</pubDate>
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      <title>1995 (11) TMI 477 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=281446</link>
      <description>Sections 5, 6 and 8 of the Kerala Buildings (Lease and Rent Control) Act, 1965 were examined for constitutionality because they fixed fair rent by reference to outdated factors, provided no mechanism for periodic revision, and prohibited rent above the fair-rent ceiling. The Court held that a rent-control scheme which freezes rent for long periods despite changed economic conditions, rising costs and reduced money value becomes arbitrary and unreasonable, and can no longer qualify as a fair restriction on the landlord&#039;s rights under Articles 14 and 19(1)(g). It also held that the scheme infringed Article 21. The provisions were therefore held unconstitutional.</description>
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      <pubDate>Thu, 02 Nov 1995 00:00:00 +0530</pubDate>
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