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Section 33: Restoration of possession in certain cases

The Kerala Buildings (Lease and Rent Control) Act, 1965

How current this text is

Text as published by India Code for the Government of Kerala (Law Department), with amendments up to Act 16 of 1974.

No later amending Act or Ordinance appears in the Kerala Law Department's index of State Acts and Ordinances (checked to 2026).

The Act was made as President's Act No. 2 of 1965 (enacted on 4 July 1965, Kerala Gazette Extraordinary No. 60 of 7 July 1965) and re-enacted by the Kerala Re-enacting Act, 1968 (Act 8 of 1968), which substituted the preamble and enacting formula shown above in square brackets.

The provision on reopening of orders for eviction in certain cases, inserted by Act 7 of 1966 and printed after the Schedule in this copy, is not reproduced as a section on this page.

If, in pursuance of any decree or order made by a Court, any tenant has been evicted from a building on or after the 1st day of April, 1965 and before the date of publication of this Act, and such eviction would have been barred if this Act had been published on the 1st day of April, 1965, then, notwithstanding anything contained in any other law, the Rent Control Court may, on application made to it in this behalf by such evicted tenant within one month from the date of publication of this Act and after giving the landlord an opportunity of being heard, direct the landlord to put the tenant in possession of the building:

Provided that the tenant shall not be entitled to be restored to possession in cases where a lease of the building has been granted bona fide to a third party and possession given in pursuance thereof before the date of publication of this Act.

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