LexThe Chhattisgarh Accomodation Control Act, 1961
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this actTHE MADHYA PRADESH ACCOMMODATION CONTROL ACT, 1961
(NO. 41 OF 1961)
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called The Madhya
Pradesh Accommodation Control Act, 1961.
(2) It extends to the whole of Madhya Pradesh.
(3) The Act shall, in the first instance, be in force in the areas specified in the [first
Schedule], It shall [come into force] in other areas of the State on such dates as the State
Government may, by notification, appoint and different dates may be appointed for different
areas and for different provisions of the Act and thereupon the [first Schedule] shall be
deemed to have been amended accordingly.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "accommodation" means any building or part of a building, whether residential or non-
residential and includes,-
(i) any land which is not being used for agricultural purposes;
(ii) garden, grounds, garages and out -houses, if any, appurtenant to such building
or part of the building;
(iii) any fittings affixed to such building or part of a building for the more beneficial
enjoyment thereof;
(iv) any furniture supplied by the landlord for use in such building or part of building;
(b) "landlord" means a person, who, for the time being, is receiving, or is entitled to
receive, the rent of any accommodation, whether on his own account or on account of
or on behalf of or for the benefit of, any other person or as a trustee, guardian or
receiver for any other person or who would so receive the rent or be entitled to receive
the rent, if the accommodation were let to a tenant and includes every person not being
a tenant who from time to time derives title under a landlord;
(c) "lawful increase" means an increase in rent permitted under the provisions of this Act;
(d) "lease" includes a sub-lease;
(e) "member of the family" in case of any person means the spouse, son, unmarried
daughter, father, grandfather, mother, grandmother, brother, unmarried sister, paternal
uncle, paternal uncle's wife or wi dow, or brother's son or unmarried daughter living
jointly with, or any other relation dependent on him;
(f) "Rent Controlling Authority" means an officer appointed under Section 28;
(g) "repealed Act" means the Madhya Pradesh Accommodation Control Act, 1955 (XXIII
of 1955), repealed under Section 51;
(h) "standard rent" in relation to any accommodation means standard rent referred to in
Section 7 or where the standard rent has been increased under Section 8, such
increased rent;
(i) "tenant" means a person by whom or on whose account or behalf the rent of any
accommodation is, or, but for a contract express or implied, would be payable for any
accommodation and includes any person occupying the accommodation as a sub -
tenant and also, any perso n continuing in possession after the termination of his
tenancy whether before or after the commencement of this Act; but shall not include
any person against whom any order or decree for eviction has been made.
3. Act not to apply to certain accommodations. - (1) Nothing in this Act shall apply to-
(a) accommodation which is the property of the Government;
(b) accommodation which is the property of a local authority used exclusively for non -
residential purposes.
(2) The Government may, by notification, exempt from all or any of the provisions of this Act
any accommodation which is owned by any educational, religious or charitable institution or
by any nursing or maternity home, the whole of the income derived from which is utilised tor
that institution or nursing home or maternity home.
CHAPTER II
Provisions Regarding Rent
4. Provisions of the Chapter not to apply to certain accommodations for specified
period. - Nothing in this Chapter shall apply to any accommodation or part thereof,
construction of which, was completed before or after the commencement of this Act, for a
period of five years from the date on which completion of such construction was notified to
the local authority concerned.
5. Rent in excess of standard rent not recoverable. - (1) No tenant shall, notwithstanding
any agreement to the contrary, be liable to pay to his landlord for the occupation of any
accommodation any amount in excess of the standard rent of the accommodation.
(2) Any agreement for the payment of rent in excess of the standard rent shall be construed
as if it were an agreement for the payment of the standard rent only.
6. Unlawful charges not to be claimed or received. - (1) Subject to the provisions of this
Act, no person shall claim or receive any rent in excess of the standard rent,
notwithstanding any agreement to the contrary.
(2) No person shall, in consideration of the grant, renewal or continuance of a tenancy or
sub-tenancy of any accommodation,-
(a) claim or receive the payment of any sum as premium or pugree or claim or receive
any consideration whatsoever, in cash or in kind, in addition to the rent; or
(b) except with the previous permission of the Rent Controlling Authority, claim or receive
the payment of any sum exceeding one month's rent of such accommodation as rent
in advance.
(3) It shall not be lawful for the tenant or any other person acting or purporting to act on
behalf of the tenant or a sub-tenant to claim or receive any payment in consideration of the
relinquishment, transfer or assignment of his tenancy or sub-tenancy, as the case may be,
of any accommodation.
(4) Nothing in this Section shall apply to any payment made under an agreement by any
person to a landlord for the purpose of financing the construction of the whole or part of any
accommodation on the land belonging to, or taking on lease, by the landlord, if one of the
conditions of the agreement is that the landlord is to let to that person the whole or part of
the accommodation when completed for the use of that person or any member of his family
:
Provided that such payment shall not exceed the amount of agreed rent for a period of five
years of the whole or part of the accommodation to be let to such person.
(5) Any payment made under sub-section (4) shall be deemed to be the payment of rent in
advance for such period from the commencement of the tenancy to which it is relatable.
7. Standard rent. - "Standard rent" in relation to any accommodation means-
(1) where reasonable annual rent or fair rent has been fixed by a competent authority
under the repealed Act or prior to the commencement of the repealed Act, as the case
may be, by a competent authority under the enactment for the time being in force, such
reasonable annual rent or fair rent ;
(2)(i) where the accommodation was let out on or before the 1st day of January, 1948,
and the reasonable annual rent or fair rent has not been so fixed, the rent of that
accommodation as shown in the Municipal Assessment Register or as was realised on
the 1st day of January, 1948, whichever is less; or
(ii) where the accommodation was not let out on or before the 1st day of January,
1948, the rent of that accommodation as shown in the Municipal Assessment
Register or as could be realised on the 1st day of January, 1948, whichever is
less ; increased-
(a) in the case of a residential accommodation and accommodation used for
education purposes, by thirty-five per cent of such rent;
(b) in the case of other accommodation, by seventy per cent of such rent;
and
(c) in case the tenant is not liable to pay the municipal tax and there has been
any increase in municipal tax subsequent to 1st day of January, 1948, [by
an amount equal to such increase]:
Provided that the increase specified in paragraphs (a) and (b) shall be permissible only if
the accommodation has been kept in good and tenantable repairs;
(3) in case of accommodation not falling under clause (1) or (2) above,-
(a) if the accommodation is separately assessed to municipal assessment, the
annual rent according to such assessment plus fifteen per cent thereon;
(b) if only a part of the accommodation is so assessed, the proportionate amount of
the annual rent for the whole accommodation according to such assessment plus
fifteen per cent thereon;
(c) if the accommodation is not so assessed,-
(i) the annual rent calculated with reference to the rent agreed upon between
the landlord and the tenant when such accommodation is first let out, and
if it has not been so let out, to such amount for which it could be let out
immediately after its construction was completed; or
(ii) the annual rent calculated on the basis of annual payment of an amount
equal to 6¾ per cent per annum of the aggregate amount of the actual
cost of construction and the market price of the land comprised in the
accommodation on the date of the commencement of the construction;
whichever is less.
8. Lawful increase of standard rent in certain cases and recovery of other charges. -
(1) Where a landlord has, at any time, before the commencement of this Act with or without
the approval of the tenant or after the commencement of this Act with the written approval of
the tenant or of the Rent Controlling Authority, incurred expenditure for any improvement,
addition or structural alteration in the accommodation not being expenditure on decoration
or tenantable repairs necessary or usual for such accommodation, and the cost of that
improvement, addition or alteration has not been taken into account, in determining the rent
of the accommodation, the landlord may lawfully increase the standard rent per year by an
amount not exceeding ten per cent of the rent payable, for the time being.
(2) Where a landlord pays in respect of the accommodation any charge for electricity or
water consumed in the accommodation or any other charge levied by a local authority
having jurisdiction in the area which is ordinarily payable by the tenant, he may recover from
the tenant the amount so paid by him, but the landlord shall not save as provided in Section
7, recover from the tenant whether by means of an increase in rent or otherwise, the
amount of any tax on building or land imposed in respect of the accommodation occupied
by the tenant :
Provided that nothing in this sub-section shall affect the liability of any tenant under an
agreement, whether express or implied, to pay from time to time the amount of any such tax
as aforesaid.
9. Notice of increase of rent. - (1) Where a landlord wishes to increase the rent of any
accommodation, he shall give the tenant notice of his intention to make the increase and in
so far as such increase is lawful under this Act, it shall be due and recoverable only in
respect of the period of the tenancy after the expiry of thirty days from the date on which the
notice is given.
(2) Every notice under sub-section (1) must be in writing signed by or on behalf of the
landlord and either be sent by registered post acknowledgment due to the tenant or be
tendered or delivered personally to him, or to one of his family or servants at his residence,
or (if such tender or delivery is not practicable) affixed to a conspicuous part of the
accommodation.
10. Rent Controlling Authority to fix standard rent, etc. - (1) The Rent Controlling
Authority shall, on an application made to it in this behalf, either by the landlord or by the
tenant, in the prescribed manner, fix in respect of any accommodation-
(i) the standard rent in accordance with the provisions of Section 7; or
(ii) the increase, if any, referred to in Section 8.
(2) In fixing the standard rent of any accommodation or the lawful increase thereof, the Rent
Controlling Authority shall fix an amount which appears to it to be reasonable having regard
to the provisions of Section 7 or Section 8 and the circumstances of the case.
(3) In fixing the standard rent of any accommodation part of which has been lawfully sub-let,
the Rent Controlling Authority may also fix the standard rent of the part sub-let.
(4) Where for any reason it is not possible to determine the standard rent of any
accommodation on the principles set forth under Section 7, the Rent Controlling Authority
may fix such rent as would be reasonable having regard to the situation, locality and
condition of the accommodation and the amenities provided therein and where there are
similar or nearly similar accommodations in the locality, having regard also to the standard
rent payable in respect of such accommodations.
(5) The standard rent shall be fixed for a tenancy of twelve months :
Provided that where the tenancy is from month to month or for any period less than a
month, the standard rent for such tenancy shall bear the same proportion to the annual
standard rent as the period of tenancy bears to twelve months.
(6) In fixing the standard rent of any accommodation under this Section, the Rent
Controlling Authority shall fix the standard rent thereof in an unfurnished state and may also
determine an additional charge to be payable on account of any furniture supplied by the
landlord and it shall be lawful for the landlord to recover such additional charge from the
tenant.
(7) In fixing the standard rent of any accommodation under this Section, the Rent
Controlling Authority shall specify a date from which the standard rent so fixed shall be
deemed to have effect :
Provided that in no case the date so specified shall be earlier than thirty days prior to the
date of the filing of the application for the fixation of the standard rent.
11. Fixation of interim rent. - If an application for fixing the standard rent or for determining
the lawful increase of such rent is made under Section 10, the Rent Controlling Authority
shall, pending final decision on the application, make, as expeditiously as possible, a
provisional order specifying the amount of the interim rent or lawful increase to be paid by
the tenant to the landlord and shall appoint the date from which such interim rent or lawful
increase so specified shall be deemed to have effect.
CHAPTER III
Control of Eviction of Tenants
[11A. Certain provisions not to apply to certain categories of landlords. - The
provisions of this Chapter so far as they relate to matter specially provided in Chapter III-A shall
not apply to the landlord defined in Section 23-J.]
12. Restriction on eviction of tenants. - (1) Notwithstanding anything to the contrary
contained in any other law or contract, no suit shall be filed in any civil Court against a
tenant for his eviction from any accommodation except on one or more of the following
grounds only, namely :
(a) that the tenant has neither paid nor tendered the whole of the arrears of the rent legally
recoverable from him within two months of the date on which a notice of demand for
the arrears of rent has been served on him by the landlord in the prescribed manner;
(b) that the tenant has, whether before or after the commencement of this Act, unlawfully
sub-let, assigned or otherwise parted with the possession of the whole or any part of
the accommodation for consideration or otherwise;
(c) that the tenant or any person residing with h im has created a nuisance or has done
any act which is inconsistent with the purpose for which he was admitted to the tenancy
of the accommodation, or which is likely to affect adversely and substantially the
interest of the landlord therein:
Provided that the use by a tenant of a portion of the accommodation as his office shall not
be deemed to be an act inconsistent with the purpose for which he was admitted to the
tenancy;
(d) that the accommodation has not been used without reasonable cause for which it was
let, for a continuous period of six months immediately preceding the date of the filing
of the suit for the recovery of possession thereof;
[(e) that the accommodation l et for residential purposes is required bonafide by the
landlord for occupation as a residence for himself or for any member of his family, if he
is the owner thereof, or for any person for whose benefit the accommodation is held
and that the landlord or s uch person has no other reasonably suitable residential
accommodation of his own in his occupation in the city or town concerned ;
(f) that the accommodation let for non -residential purposes is required bonafide by the
landlord for the purpose of continuing or starting his business or that of any of his major
sons or unmarried daughters if he is the owner thereof or for any person for whose
benefit the accommodation is held and that the landlord or such person has no other
reasonably non-residential accommodation of his own in his occupation in the city or
town concerned];
(g) that the accommodation has become unsafe, or unfit for human habitation and is
required bonafide by the landlord for carrying out repairs which cannot be carried out
without the accommodation being vacated;
(h) that the accommodation is required bonafide by the landlord for the purpose of
building or rebuilding or making thereto any substantial additions or alterations and that
such building or re -building or alterations cannot be carried out without the
accommodation being vacated;
(i) that the tenant has , whether before or after the commencement of this Act, built,
acquired vacant possession of, or, been allotted an accommodation suitable for his
residence;
(j) that the accommodation was let to the tenant for use as a residence by reason of his
being in t he service or employment of the landlord, and that the tenant has ceased,
whether before or after the commencement of this Act, to be in such service or
employment;
(k) that the tenant has, whether before or after the commencement of this Act, caused or
permitted to be caused substantial damage to the accommodation;
(l) that the tenant has given written notice to quit and in consequence of that notice, the
landlord has contracted to sell the accommodation or has taken any other step as a
result of which his interests would seriously suffer if he is not put in possession of that
accommodation;
(m) that the tenant has, without the written permission of the landlord, made or permitted
to be made, any such construction as has materially altered the accommodation to the
detriment of the landlord's interest or is likely to diminish its value substantially;
(n) in the case of accommodation which is open land, that the landlord requires it for
constructing a house on it;
(o) that the tenant has without the written permission of the landlord also taken possession
of such portion or portions of accommodation which is not included in the
accommodation let to Him and which the tenant has not vacated in spite of a written
notice of the landlord in that behalf;
(p) that the tenant has been convicted under any law for the time being in force of an
offence of using the building or allowing the building to be used for immoral or illegal
purposes.
(2) No order for the eviction of tenant in any proceeding under sub-section (1) shall be
binding on any sub-tenant referred to in Section 15 who has given notice of his sub-tenancy
to the landlord under the provisions of that Section, unless the sub-tenant is made a party to
the proceeding and the order for eviction is made binding on him.
(3) No order for the eviction of a tenant shall be made on the ground specified in clause (a)
of sub-section (1), if the tenant makes payment or deposit as required by Section 13 :
Provided that no tenant shall be entitled to the benefit under this sub-section, if, having
obtained such benefit once in respect of any accommodation, he again makes a default in
the payment of rent of that accommodation for three consecutive months.
[(4) Where a landlord has acquired any accommodation by transfer, no suit for the eviction
of tenant shall be maintainable under sub-section (1) on the ground specified in clause (e)
or clause (f) thereof, unless a period of one year has elapsed from the date of the
acquisition.
(5) Where an order for the eviction of a tenant is made on the ground specified in.clause (e)
of sub-section (1), the landlord shall not be entitled to obtain possession thereof before the
expiration of a period of two months from the date of the order.
(6) Where an order for the eviction of a tenant is made on the ground specified in clause (f)
of sub-section (1), the landlord shall not be entitled to obtain possession thereof-
(a) before the expiration of a period of two months from the date of the order;and
(b) if the accommodation is situated in cities of Gwalior (including Lashkar and Morar),
Indore, Ujjain, Ratlam, Bhopal, Jabalpur, Raipur, Durg or such other towns or cities
specified by the State Government by a notification in that behalf, unless the landlord
pays to the tenant such amount by way of compensation as may be equal to-
(i) double the amount of the annual standard rent of the accommodation in the
following cases, namely:-
(a) where the accommodation has, for a period of ten years immediately
preceding the date on which the landlord files a suit for possession thereof,
been used for business purposes or for any other purpose along with such
purposes, by the tenant who is being evicted;
(b) where during the aforesaid period of ten years, the tenant carrying on any
business in the accommodation has left it, and the tenant immediately
succeeding has acquired the business of his predecessor either through
transfer or inheritance;
(ii) the amount of the annual standard rent in other cases.]
(7) No order for the eviction of a tenant shall be made on the ground specified in clause (h)
of sub-Section (1), unless the Court is satisfied that the proposed reconstruction will not
radically alter the purpose for which the accommodation was let or that radical alteration is
in the public interest, and that the plans and estimates of such reconstruction have been
properly prepared and that necessary funds for the purpose are available with the landlord.
(8) No order for the eviction of a tenant shall be made on the ground specified in clause (j)
of sub-Section (1), if any dispute as to whether the tenant has ceased to be in the service or
employment of the landlord is pending before any authority competent to decide such
dispute.
(9) No order for the eviction of a tenant shall be made on the ground specified in clause (k)
of sub-Section (1), if the tenant, within such time as may be specified in this behalf by the
Court, carries out repairs to the damage caused to the satisfaction of the Court or pays to
the landlord such amount by way of compensation as the Court may direct.
(10) No order for the eviction of a tenant shall be made on the ground specified in clause
(m) of sub-Section (1), if the tenant within such time as may be specified in this behalf by
the Court restores the accommodation to its original condition or pays to the landlord such
amount by way of compensation as it may direct.
(11) No order for the eviction of a tenant shall be made on the ground specified in clause (o)
of sub-Section (1), if the tenant within such time as may be specified in this behalf by the
Court vacates the portion or portions of accommodation not let to him and pays to the
landlord such amount by way of compensation as it may direct.
13. When tenant can get benefit of protection against eviction. - [(1) On a suit or any
other proceeding being instituted by a landlord on any of the grounds referred to in Section
12 or in any appeal or any other proceeding by a tenant against any decree or order for his
eviction, the tenant shall, within one month of the service of writ of summons or notice of
appeal or of any other proceeding, or within one month of institution of appeal or any other
proceeding by the tenant, as the case may be, or within such further time as the Court may
on an application made to it allow in this behalf, deposit in the Court or pay to the landlord,
an amount calculated at the rate of rent at which it was paid, for the period for which the
tenant may have made default including the period subsequent thereto up to the end of the
month previous to that in which the deposit or payment is made ; and shall thereafter
continue to deposit or pay, month by month by the 15th of each succeeding month a sum
equivalent to the rent at that rate till the decision of the suit, appeal or proceeding, as the
case may be.
(2) If in any suit or proceeding referred to in sub-Section (1), there is any dispute as to the
amount of rent payable by the tenant, the Court shall, on a plea made either by landlord or
tenant in that behalf which shall be taken at the earliest opportunity during such suit or
proceeding, fix a reasonable provisional rent, in relation to the accommodation, to be
deposited or paid in accordance with the provisions of sub-Section (1) and no Court shall,
save for reasons to be recorded in writing, entertain any plea on this account at any
subsequent stage].
(3) If, in any proceeding referred to in sub-Section (1), there is any dispute as to the person
or persons to whom the rent is payable, the Court may direct the tenant to deposit with the
Court the amount payable by him under sub-Section (1) or sub-Section (2), and in such a
case, no person shall be entitled to withdraw the amount in deposit until the Court decides
the dispute and makes an order for payment of the same.
(4) If the Court is satisfied that any dispute referred to in sub-Section (3) has been raised by
a tenant for reasons which are false or frivolous, the Court may order the defence against
eviction to be struck out and proceed with the hearing of the suit.
(5) If a tenant makes deposit or payment as required by sub-section (1) or sub-Section (2),
no decree or order shall be made by the Court for the recovery of possession of the
accommodation on the ground of default in t e payment of rent by the tenant, but the Court
may allow such cost as it may deem fit to the landlord.
[(6) If a tenant fails to deposit or pay any amount as required by this Section, the Court may
order the defence against eviction to be struck out and shall proceed with the hearing of the
suit, appeal or proceeding, as the case may be.]
14. Restrictions on sub-letting. - (1) No tenant shall, without the previous consent in
writing of the landlord,-
(a) sub-let the whole or any part of the accommodation held by him as a tenant; or
(b) transfer or assign his rights in the tenancy or in any part thereof.
(2) No landlord shall claim or receive the payment of any sum as premium or pugree or
claim or receive any consideration whatsoever in cash or in kind for giving his consent to
the sub-letting of the whole or any part of the accommodation held by the tenant.
15. Notice of creation and termination of sub-tenancy. - (1) Where, after the
commencement of this Act, any accommodation is sub-let either in whole or in part by the
tenant with the previous consent in writing of the landlord, the tenant or the sub-tenant to
whom the accommodation is sub-let may, in the prescribed manner, give notice to the
landlord of the creation of the sub-tenancy within one month of the date of such sub-letting
and notify the termination of such sub-tenancy within one month of such termination.
(2) Where, before the commencement of this Act, any accommodation has been lawfully
sub-let either in whole or in part by the tenant, the tenant or the sub-tenant to whom the
accommodation has been sub-let may, in the prescribed manner, give notice to the landlord
of the creation of the sub-tenancy within six months of the commencement of this Act, and
notify the termination of such sub-tenancy within one month of such termination.
(3) Where, in any case mentioned in sub-Section (2), the landlord contests that the
accommodation was not lawfully sub-let and an application is made to the Rent Controlling
Authority in this behalf, either by the landlord or by the sub-tenant, within two months of the
date of the receipt of the notice of sub-letting by the landlord or the issue of the notice by
the tenant or the sub-tenant, as the case may be, the Rent Controlling Authority shall decide
the dispute.
16. Sub-tenant to be tenant in certain cases. - (1) Where an order for eviction in respect
of any accommodation is made under Section 12 against a tenant but not against a sub-
tenant referred to in Section 15 and a notice of the sub-tenancy has been given to the
landlord, the sub-tenant shall, with effect from the date of the order, be deemed to become
a tenant holding directly under the landlord in respect of the accommodation in his
occupation on the same terms and conditions on which the tenant would have held from the
landlord, if the tenancy had continued.
(2) Where, before the commencement of this Act, the interest of a tenant in respect of any
accommodation has been determined without determining the interest of any sub-tenant to
whom the accommodation either in whole or in part had been lawfully sub-let, the sub-
tenant shall, with effect from the date of the commencement of this Act, be deemed to have
become a tenant holding directly under the landlord on the same terms and conditions on
which the tenant would have held from the landlord, if the tenancy had continued.
[17. Recovery of possession for occupation and re-entry. - (1) Where a landlord
recovers possession of any accommodation from the tenant in pursuance of an order made
under clause (e) or clause (f) of sub-Section (1) of Section 12 the landlord shall not, except
with the permission of the Rent Controlling Authority obtained in the prescribed manner, re-
let the whole or any part of the accommodation within two years from the date of obtaining
such possession, and in granting such permission, the Rent Controlling Authority may direct
the landlord to put such evicted tenant in possession of the accommodation.
(2) Where a landlord recovers possession of any accommodation as aforesaid and the
accommodation is not occupied by the landlord if he is the owner thereof, or by the person
for whose benefit the accommodation is held, within two months of obtaining such
possession, or the accommodation having been so occupied is, at any time within two years
from the date of obtaining possession, re-let to any person other than the evicted tenant
without obtaining the permission of the Rent Controlling Authority under sub-Section (1) or
the possession of such accommodation is transferred to another person for reasons which
do not appear to the Rent Controlling Authority to be bonafide, the Rent Controlling
Authority may, on an application made to it in this behalf by such evicted tenant within such
time as may be prescribed, direct the landlord to put the tenant in possession of the
accommodation or to pay him such compensation as the Rent Controlling Authority thinks
fit.
(3) Where the landlord makes any payment to the tenant by way of compensation under
sub-Section (7) of Section 12, the evicted tenant shall not be liable to refund the same to
the landlord on being put in possession of the accommodation under sub-Section (1) or
sub-Section (2).]
18. Recovery of possession for repairs and re-building and re-entry. - (1) In making
any order on the grounds specified in clause (g) or clause (h) of sub-Section (I) of Section
12, the Court shall ascertain from the tenant whether he elects to be placed in occupation of
the accommodation or part thereof from which he is to be evicted, and, if the tenant so
elects, shall record the fact of the election in the order and specify therein the date on or
before which he shall deliver possession so as to enable the landlord to commence the
work of repairs or building or re-building, as the case may be.
(2) If the tenant delivers possession on or before the date specified in the order, the landlord
shall, on the completion of the work of repairs or building or re-building place the tenant in
occupation of the accommodation or part thereof, as the case may be, within one month of
the completion of such work.
(3) If, after the tenant has delivered possession on or before the date specified in the order,
the landlord fails to commence the work of repairs or building or re-building within one
month of the specified date or fails to complete the work in a reasonable time or having
completed the work, fails to place the tenant in occupation of the accommodation in
accordance with sub-section (2), the Court may, on an application made to it in this behalf
by the tenant within such time as may be prescribed, order the landlord to place the tenant
in occupation of the accommodation or part thereof or to pay to the tenant such
compensation as the Court thinks fit.
19. Recovery of possession! in ease of tenancies for limited period. - Where a landlord
does not require the whole or any part of any accommodation for a particular period and the
landlord, after obtaining the permission of the Collector or such other officer as may be
authorised by him under sub-section (1) of Section 39, in the prescribed manner, lets the
whole of the accommodation or part thereof as a residence for such period as may be
agreed to in writing between the landlord and the tenant and the tenant does not, on the
expiry of the said period, vacate such accommodation, then notwithstanding anything
contained in sub-section (1) of Section 12 or in any other law, the Court may, on a suit
being filed before it in this behalf by the landlord within such time as may be prescribed,
place the landlord in vacant possession of the accommodation or part thereof by evicting
the tenant and every other person who may be in occupation of such accommodation.
20. Special provision for recovery of possession in certain cases. - Where the landlord
in respect of any accommodation is any company or other body corporate or any local
authority or any public institution and the accommodation is required for the use of
employees of such landlord, or, in the case of a public institution, for the furtherance of its
activities, then, notwithstanding anything contained in Section 12 or in any other law, the
Court may, on a suit being filed before it in this behalf by such landlord, place the landlord in
vacant possession of such accommodation by evicting the tenant and every other person
who may be in occupation thereof, if the Court is satisfied-
(a) that the tenant to whom such accommodations were let for use as a residence at a
time when he was in the service or employment of the landlord, has ceased to be in
such service or employment; or
(b) that the tenant has acted in contravention of the terms, express or implied, under which
he was authorised to occupy such accommodation; or
(c) that any other person is in unauthorised occupation of such accommodation; or
(d) that the accommodation is required bonafide by the public institution for the
furtherance of its activities.
Explanation. - For the purposes of this Section, "public institution" includes any educational
institution, library, hospital and charitable dispensary.
21. Permission to construct additional structures. - Where the landlord proposes to
make any improvement in or construct any additional structure on, any building which has
been let to a tenant and the tenant refuses to allow the landlord to make such improvement
or construct such additional structure and the Rent Controlling Authority, on an application
made to it in this behalf by the landlord, is satisfied that the landlord is ready and willing to
commence the work and that such work will not cause any undue hardship to the tenant,
the Rent Controlling Authority may permit the landlord to do such work and may make such
other order as it thinks fit in the circumstances of the case.
22. Special provision regarding vacant building sites. - Notwithstanding anything
contained in Section 12 where any accommodation which has been let, comprises vacant
land upon which it is permissible under the building regulations or municipal bye-laws for
the time being in force, to erect any building whether for use as a residence or for any other
purpose and the landlord proposing to erect such building is unable to obtain possession of
the land from the tenant by agreement with him and the Rent Controlling Authority, on an
application made to it in this behalf by the landlord, is satisfied that the landlord is ready and
willing to commence the work and that the severance of the vacant land from the rest of the
accommodation will not cause undue hardship to the tenant, the Rent Controlling Authority
may-
(a) direct such severance;
(b) place the landlord in possession of the vacant land;
(c) determine the rent payable by the tenant in respect of the rest of the accommodation;
and
(d) make such other order as it thinks fit in the circumstances of the case.
23. Vacant possession to landlord. - Notwithstanding anything contained in any other law,
where the interest of a tenant in any accommodation is determined for any reason
whatsoever and any decree or order is passed by a Court under this Act for the recovery of
possession of such accommodation, the decree or order shall, subject to the provisions of
Section 16, be binding on all persons who may be in occupation of the accommodation and
vacant possession thereof, shall be given to the landlord by evicting all such persons
therefrom :
Provided that nothing in this Section shall apply to any person who has an independent title
to such accommodation.
[CHAPTER III-A]
Eviction of tenants on Grounds of bonafide Requirement
23A. Special provision for eviction of tenant on ground of bonafide requirement. -
Notwithstanding anything contained in any other law for the time being in force or contract
to the contrary, a landlord may submit an application, signed and verified in a manner
provided in Rules 14 and 15 of Order VI of the First Schedule to the Code of Civil
Procedure, 1908 (V of 1908) as if it were a plaint to the Rent Controlling Authority on one or
more of the following grounds for an order directing the tenant to put the landlord in
possession of the accommodation, namely :-
(a) that the accommodat ion let for residential purposes is required "bonafide" by the
landlord for occupation as residence for himself or for any member of his family, or for
any person for whose benefit, the accommodation is held and that the landlord or such
person has no other reasonably suitable residential accommodation of his own in his
occupation in the city or town concerned.
Explanation. - For the purposes of this clause, "accommodation let for residential
purposes" includes-
(i) any accommodation which having been let f or use as a residence is without the
express consent of the landlord, used wholly or partly for any non -residential
purpose;
(ii) any accommodation which has not been let under an express provision of
contract for non-residential purpose;
(b) that the accommodation let for non-residential purposes is required "bonafide" by the
landlord for the purpose of continuing or starting his business or that of any of his major
sons or unmarried daughters, if he is the owner thereof or for any person for whose
benefit the accommodation is held and that the landlord or such person has no other
reasonably suitable non-residential accommodation of his own in his occupation in the
city or town concerned:
Provided that where a person who is a landlord has acquired any accommodation or any
interest therein by transfer, no application for eviction of tenant of such accommodation
shall be maintainable at the instance of such person unless a period of one year has
elapsed from the date of such acquisition.
23B. Rent Controlling Authority to issue summons in relation to every application
under Section 23-A. - (1) The Rent Controlling Authority shall issue to the tenant a
summons, in relation to every application referred to in Section 23-A, in the form specified in
the Second Schedule.
(2) Save as otherwise provided in this Act, the provisions of Order V and Order XVI of the
First Schedule to the Code of Civil Procedure, 1908 (V of 1908) regarding issue and service
of summons to a defendant and summoning and attendance of witnesses to give evidence
or to produce documents shall apply mutatis mutandis to issue and service of any summons
to a tenant or opposite party or to a witness to give evidence or to produce documents in an
inquiry or proceeding under this Chapter.
23C. Tenant not entitled to contest except under certain circumstances. - (1) The
tenant on whom the summons is served in the form specified in the Second Schedule shall
not contest the prayer for eviction from the accommodation unless he files within fifteen
days from the date of service of the summons, an application supported by an affidavit
stating the grounds on which he seeks to contest the application for eviction and obtains
leave from the Rent Controlling Authority as hereinafter provided, and in default of his
appearance in pursuance of the summons or in default of his obtaining such leave, or if
such leave is refused, the statement made by the landlord in the application for eviction
shall be deemed to be admitted by the tenant. The Rent Controlling Authority shall in such a
case pass an order of eviction of the tenant from the accommodation:
Provided that the Rent Controlling Authority may, for sufficient cause shown by the tenant,
excuse the delay of the tenant in entering appearance or in applying for leave to defend the
application for eviction and where ex-parte order has been passed, may set it aside.
(2) The Rent Controlling Authority shall, within one month of the date of receipt of
application, give to the tenant, if necessary, leave to contest the application, if the
application supported by an affidavit filed by the tenant discloses such facts as would
disentitle the landlord from obtaining an order for the recovery of possession of the
accommodation on the ground specified in Section 23-A.
23D. Procedure to be followed by Rent Controlling Authority or grant of leave to
tenant to contest. - (1) Where leave is granted to the tenant to contest the application, the
Rent Controlling Authority shall commence the hearing of the application as early as
practicable and decide the same, as far as may be, within six months of the order of
granting of leave to the tenant to contest application.
(2) The Rent Controlling Authority shall, while holding an enquiry in a proceeding to which
this Chapter applies, follow as far as practicable, the practice and procedure of a Court of
Small Causes including the recording of evidence under the Provincial Small Cause Courts
Act, 1887 (IX of 1887). The Rent Controlling Authority shall as far as possible, proceed with
the hearing of the application from day to day.
[(3) In respect of an application by a landlord it shall be presumed, unless the contrary is
proved, the requirement by the landlord with reference to clause (a) or clause (b), as the
case may be of Section 23-A is bona fide.]
23E. Revision by High Court. - (1) Notwithstanding anything contained in Section 31 or
Section 32, no appeal shall lie from any order passed by the Rent Controlling Authority
under this Chapter.
(2) The High Court may, at any time suo motu or on the application of any person
aggrieved, for the purpose of satisfying itself as to the legality, propriety or correctness of
any order passed by or as to the regularity of the proceedings of the Rent Controlling
Authority, call for and examine the record of the case pending before or disposed of by such
Authority and may pass such order in revision in reference thereto as it thinks fit and save
as otherwise provided by this Section, in disposal of any revision under this Section, the
High Court shall, as far as may be, exercise the same powers and follow the same
procedure as it does for disposal of a revision under Section 115 of the Code of Civil
Procedure, 1908 (V of 1908) as if any such proceeding of the Rent Controlling Authority is
of a Court sub-ordinate to such High Court.
Provided that no powers of revision at the instance of person aggrieved shall be exercised
unless an application is presented within ninety days of the date of the order sought to be
revised.
23F. Duration of stay. - The stay of the operation of the order of eviction passed by a Rent
Controlling Authority or by the High Court shall not enure for a total period of more than six
months.
23G. Recovery of possession for occupation and re-entry. - (1) Where an order forExcerpt shown. Open the full act in Lexace.