The Himachal Pradesh Urban Rent Control Act, 1987

AUTHORITATIVE ENGLISH TEXT 
THE HIMACHAL PRADESH URBAN RENT COTROL ACT, 1987 
ARRANGEMENT OF SECTIONS 
Sections;: 
1. Short title and commencement. 
2. Definitions. 
3. Exemptions. 
4. Determination of fair rent. 
5. Revision of fair rent in certain cases. 
6. Increase in fair rent in what cases admissible. 
7. Landlord not to claim anything in excess of fair rent. 
8. Fine or premium not to be charged for grant, renewal or continuance of 
tenancy. 
9.  Rent which should not have been paid may be recovered.  
10. Increase of rent On account of payment of rates, etc. of local authority  
but rent not to be increased On account of payment of other taxes etc. 
11. Cutting off or withholding essential supply or services. 
12. Conversion of a residential building into a non residential building. 
13. Landlord's duty to keep the building or rented land in good repairs.  
14. Eviction of tenants. 
15. Right to recover immediate possession of premises to certain persons. 
16. Special procedure for the disposal of applications for eviction on the 
ground of bonafide  requirement under section 14 (3) (a) (iii)  and 
section 15. 
17. Recovery of possession in case of tenancies for limited period. 
18. Decisions which have become final not to be reopened. 
19. Leases of vacant buildings. 
20. Receipt to be given for rent paid. 
21. Deposit of rent by the tenant. 
22. Time limit for making deposit and consequences of incorrect 
particulars in application for deposit. 
23. Savings to acceptance of rent and forfeiture of rent in deposit. 
24. Vesting of appellate authority on officers by State Government. 
25. Power to summon and enforce attendance of witnesses. 
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26. Execution of orders. 
27. Institution and disposal of applications. 
28. Power to transfer proceedings. 
29. Landlord and tenant to furnish particulars. 
30. Penalties. 
31. Controller to exercise power of a Magistrate for recovery of final.  
32. Validation. 
33. Power to make rules. 
34. Repeal and savings. 
35. Repeal of H. P. Ordinance No. 5 of 1987. 
SCHEDULE-I 
SCHEDULE-II  
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THE HIMACHAL PRADESH URBAN RENT COTROL ACT, 1987 
(ACT No. 25 OF 1987)
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(Received the assent of the President of India on the 20th October, 1987 
and was published in Hindi in R.H.P. Extr a., dated 20-10-1987, P. 2069-2090 and 
in English in R.H.P. Extra., dated 10-11-1987, P. 2241-2258). 
An Act to provide for the control of ren ts and evictions within the limits of 
urban areas in the State of Himachal Pradesh. 
BE it enacted by the Legislative Asse mbly of Himachal Pradesh in the 
Thirty-eighth Year of the Republic of India, as follows:  
1. Short title extent and commencement.-(1) This Act may be called the 
Himachal Pradesh Urban Rent Control Act, 1987. 
(2) It extends to all urban areas in the State of Himachal Pradesh. 
(3) This Act shall and shall be deemed  to have come into force on the 17 th 
day of November, 1971, but – 
(i) provisions contained in clauses(h) and (i) of sections 2; section 4; 
section 5; sub-section (2) of section 15; section 17 ; sub-section (3) of 
section 30; section 34 and Schedule-I of  this Act shall be deemed to 
have come into force on the appointed day ; 
(ii) provisions contained in clause (d)  of section 2; sub-sections (1) and 
(3) of section 15; section 16; section 27; section 28 and Schedule-II of 
this Act shall and shall be deemed to have come into force from the 
                                                 
1. Passed in Hindi by the Himach al Pradesh Vidhan Sabha. For Statement of Objects and 
Reasons see R. H. P. Extra., dated 10-9-87, p. 1682 and 1702. 
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day on which the corresponding provisions were inserted in clause (d)  
of section 2; section 14-A; section 14-B; section 23-A and section 23-
B of the Himachal Pradesh Urban Rent Control Act, 1971 (23 of 
1971): 
(iii) provisions contained in section 4 and section 29 of the Himachal 
Pradesh Urban Rent Control Act, 1971 (23 of 1971), shall be deemed 
to have remained in force during the period reckoned from the day on 
which these were substituted or inser ted, as the case may be in the 
said Act, till the appointed day; and 
(iv) provisions contained in section 35 shall come in to force at once. 
2. Definitions. -In this Act, unless the context otherwise requires, - 
(a) "appointed day" means the 18th day of August, 1987; 
(b) "building" means any building or part of a building let out for any 
purpose whether being actually used for that purpose or not, including 
any land, godowns, out houses or fu rniture let out therewith, but does 
not include a room in a hotel, hostel of boarding house; 
(c) "Controller" means any person who is appointed by the State 
Government to perform the functions of the Controller under this Act; 
(d) "landlord" means any person for the time being entitled to receive rent 
in respect of any building or rented land whether on his own account 
or on behalf, or for the benefit, of any other person, or as a trustee, 
guardian, receiver, executor or administrator for any other person, and 
includes a tenant who sublets any building or rented land in the 
manner hereinafter authorised, a spec ified landlord, and every person 
from time to time deriving title under a landlord; 
(e) "non-residential building" means a building being used – 
(i) mainly for the purpose of business or trade; or 
(ii) partly for the purpose of business or trade and partly for the 
purpose of residence, subject to the condition that the person who 
carried on business or trade in the building resides therein: 
Provided that if a building is let out for residential and non- residential 
purposes, separately, to more than one person, the portion thereof let 
out for the purpose of residence shall not be treated as nonresidential 
building. 
Explanation.-Where a building is used mainly for the purpose of business 
or trade, it shall be deemed to be a non-residential building even 
though a small portion thereof is used for the purpose of 
residence; 
(f) "prescribed" means prescribed by rules made under this Act; 
(g) "rented land" means any land let out separately for the purpose of 
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being used principally for business or trade; 
(2) "residential building" means any building which is not a non-
residential building; 
(i) "specified landlord" means a person w ho is entitled to receive rent in 
respect of a building on his own a ccount and who is holding or has 
held an appointment in a public service or post in connection with the 
affairs of the Union or of a State ; 
(j) "tenant" means any person by whom or on whose account rent is 
payable for a building or rented land and includes a tenant continuing 
in possession after termination of the tenancy and in the event of the 
death of such person such of his he irs as are mentioned in Schedule-I 
to this Act and who were ordinarily  residing with him at the time of 
his death, subject to the order of succession and conditions specified, 
respectively in Explanation-I and E xplanation-II to this clause, but 
does not include a person placed in o ccupation of a building or rented 
land by its tenant, except with the written consent of the landlord, or a 
person to whom the collection of rent or fees in a public market, cart-
stand or slaughter house or of rents for shops has been farmed out or 
leased by a municipal corporation or a municipal committee or a 
notified area committee or a cantonment board ; 
Explanation-I.- The order of succession in the event of the death of the 
person continuing in possession after the te rmination of his tenancy shall be as 
follows:- 
(a) firstly, his surviving spouse; 
(b) secondly, his son or daughter, or both, if there is no surviving spouse, 
or if the surviving spouse did not  ordinarily live with the deceased 
persons as a member of his family upto the date of his death; 
(c) thirdly, his parent(s), if there is no surviving spouse, son or daughter of 
the deceased person, or if such surv iving spouse, son, daughter or any 
of them, did not ordinarily live in the premises as a member of the 
family of the deceased person upto the date of his death ; and 
(d) fourthly, his  daughter-in-law, being the widow of his pre-deceased 
son, if there is no surviving spouse, son, daughter or parent(s) of the 
deceased person or if such surviving spouse, son, daughter or parent 
(s), or any of them, did not ordinarily live in the premises as a 
member of the family of the d eceased person upto the date of his 
death; 
Explanation-II.-The right of every successor, referred to in Explanation-I, 
to continue in possession after the termination of the tenancy, shall be 
personal to him and shall not, on th e death of such successor, devolve 
on any of his heirs; and 
(k)"urban area" means any area administered by a municipal corporation, 
a municipal committee, a cantonment board, or a notified area 
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committee or any area declared by the State Government, by 
notification, to be an urban area for the purposes of this Act. 
3. Exemptions.-(1)  The State Government may direct that all or any of 
the provisions of this  Act shall not apply to any particular building or rented land 
or any class of buildings or rented lands. 
(2) The provisions of this Act shall not apply to any building or rented 
land owned by the Government. 
4. Determination of fair rent.-(1) The Controller shall, on application by 
the tenant or the landlord of a building or rented land, and after holding such 
enquiry as he may think fit , fix the fair rent for such a building or rented land.
 (2) The fair rent under sub-section (1) shall be. 
(a) in respect of the building, the construction whereof was completed on 
or before the 25th day of January, 1 971 or in respect of land let out 
before the said date, the rent prevailing in the locality for similar 
building or rented land let out to a new tenant during the year 1971 ; 
and 
(b) in respect of the building, the construction whereof is completed after 
the 25th day of January, 1971 or in respect of land let out after the 
said date, the rent agreed upon between the landlord and the tenant 
preceding the date of the application, or where no rent has been 
agreed upon, the rent shall be determined on the basis of the rent 
prevailing in the locality for similar building or rented land on the 
date of application.  
(3) Notwithstanding that the fair rent for building or rented land has been 
fixed under the East Punjab Urban Rent Restriction Act, 1949 (3 of 1949) or 
under the Himachal Pradesh Urban Rent Control Act, 1971, (23 of 1971), a 
landlord or tenant of such a building or re nted land shall be entitled to get its fair 
rent fixed under this section. 
(4) Notwithstanding anything contained in this Act, the Controller may fix 
the fair rent on the basis of the compromi se arrived at between the parties to the 
proceedings and such rent shall be binding only on the parties and their heirs. 
(5) The fair rent fixed under this se ction shall be operative from the date 
on which the application is filed under this section. 
5. Revision of fair rent in certain cases. -  (l) Save as provided in sub-
section (2), when the fair rent of a bu ilding or rented land has been fixed under 
section 4, no further increase or decrease in such fair rent shall be premissible for 
a period of five years: 
Provided that the decrease may be allowed in cases where there is a 
decrease or diminution in the accommodation or amenities provided. 
(2) Notwithstanding anything contained in any law for the time being in 
force or in any contract, a landlord sha ll in addition to the increase in rent 
provided in this Act be entitled to increase the rent of a building or land at the rate 
of 10 % (per cent) of fair rent Or the agreed rent, as the case may be, after every 
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five years and such increase shall be,- 
(a) in a case where such a building or la nd has been let out for a period of 
five years or more immediately preceding the commencement of this 
Act - 
(i) first with effect from the date of such commencement ; and  
(ii) again with effect from the expiry  of the period of every five years 
from such commencement; and 
(b) where such a building or land has been let out before such 
commencement for a period shorter than five years and the maximum 
period within which such building or land remains let out extends 
beyond five years from the d1.te of the commencement of such a 
tenancy  
(i)  first with effect form the date of expiry of five years from the 
commencement of such tenancy ; 
(ii) again with effect from the date of expiry of the period of every five 
years from the date on which revision made under clause (i) takes 
effect. 
(3) Any dispute between the landlord and the tenant in regard to any 
increase or decrease in rent under this section shall be decided by the Controller. 
6. Increase in fair rent in what cases admissible. -  Save as provided 
under section 5, when the fair rent of a building or rented land has been fixed 
under section 4, no further increase in such fair rent shall be permissible except in 
cases where some addition, improvement or alteration has been carried out in the 
building or rented land at the landlord's e xpense and if the building or rented land 
is then in the occupation of a tenant, at his request: 
Provided that the fair rent as increased under this section shall not exceed 
the fair rent payable under this Act for a similar building or rented land in the 
same locality with such addition, improve ment or alteration and it shall not be 
chargeable until such addition, improvement or alteration has been completed. 
7. Landlord not to claim anything ill excess of fair rent.- Save as 
provided in this Act, when the Controller has fixed the fair rent of a building or 
rented land under section 4-  
(a) the landlord shall not claim or receive any premium or other like sum 
in addition to fair rent or any rent in  excess of such fair rent, but the 
landlord may stipulate for and receive in advance an amount not 
exceeding one month's rent; 
(b) any agreement for the payment of an y sum in addition to rent, or of 
rent in excess of such fair rent, shall be null and void. 
8. (1) Fine or premium not to be  charged for grant, renewal, or 
continuance of tenancy.-( 1) Subject to the provisions of this Act, no landlord 
shall claim or receive any rent in excess of the fair rent, notwithstanding any 
agreement to the contrary. 
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(2) No-landlord shall, in consider ation of the grant, renewal or 
continuance of a tenancy or sub-tenancy of  any building or rented land, claim or 
receive payment of any premium, pugree, fine advance or any other like sum in 
addition to the rent. 
9. Rent which should not have been paid may be recovered.-Where  
sum has been paid which sum is  by reason of the provisions of this Act not 
payable, such sum shall, at any time within a period  of one year after the date of 
the payment, or in the case of payment made before the commencement of this 
Act within one year after the appointed day, be recoverable by the tenant by 
whom it was paid or his legal representative from the landlord who received the 
payment or his  legal representative, and may, without prejudice to any other 
method of recovery, be deducted by such tenant from any rent payable within such 
one year by him to such landlord. 
Explanation.-In this section, the expression "legal representative" has the 
same meaning as assigned to it in  the Code of Civil Procedure, 1908 (5 of 1908) 
and includes also, in the case of joint family  property the joint family of which the 
deceased was a member. 
10. Increase of rent on account of payment of rates etc., of local 
authority but rent not to be increased on account of payment of other taxes 
etc.-(l) Notwithstanding anything contained in any other provisions of this Act, 
the landlord shall be entitled to increase the rent of a building or  rented land, and 
if after the commencement of the tenancy an y fresh rate, cess or tax is levied in 
respect of the building or rented land by the Government or any local authority, or 
if there is an increase in the amount of su ch a rate, cess or tax being levied at the 
commencement of the tenancy : 
Provided that the increase in rent shall not exceed the amount of any such 
rate, cess or tax or the amount of the in crease in such rate, cess or tax, as the case 
may b. 
(2) Notwithstanding anything contained in any law for the time being in 
force or in any contract, no landlord shall recover from his tenant the amount of 
any tax or any portion thereof in respect of any building or rented land occupied 
by such tenant by increase in the amount of  the rent payable or otherwise, save as 
provided in sub-section (1). 
11. Cutting off or withholding essential supply or service.-( 1) No 
landlord either himself or through any pe rson purporting to act on his behalf shall, 
without just and sufficient cause cut off or withhold any essential supply or 
service enjoyed by the tenant in respect of the building or rented land let out to 
him. 
(2) If a landlord contravenes the provisi ons of sub-section (1), the tenant 
may make an application to the Controller complaining of such contravention. 
(3) If the Controller is satisfied that the essential supply or service was cut 
off or withheld by the landlord with a vi ew to compelling the tenant to vacate the 
premises or to pay an enhanced rent, the Controller may pass an order directing he 
landlord to restore the amenities immediately pending the inquiry referred to in 
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sub-section (4). 
Explanation.-An interim order may be passed under this sub-section 
without giving notice to the landlord. 
(4) If the Controller, on inquiry, finds that the essential supply or service 
enjoyed by the tenant in respect of the building or rented land was cut off or 
withheld by the landlord without just and sufficient cause, he shall make an order 
directing the landlord to restore such supply or service. 
(5) The Controller may, in his discretion, direct that compensation, not 
exceeding one hundred rupees,- 
(a) be paid to the landlord by the tenant, if the application under sub-
section (2) was made frivolously or vexatiously : 
(b) be paid to the tenant by the landlord, if the landlord had cut off or 
withheld the supply or service without, just and sufficient cause. 
Explanation-l.-In this section, "essential supply or service" includes 
supply of water, electricity, lights in passages and on staircases, conservancy and 
sanitary services. 
Explanation-II.-For the purposes of this section, withholding any essential 
supply or service shall include acts or omissions attributable to the landlord on 
account of which the essential supply or service is cut off by the local authority or 
any other competent authority. 
12. Conversion of a residential building into a non-residential 
building.-No person shall convert a residentia l building into a non-residential 
building except with the permission in writing of the Controller. 
13. Landlord’s duty to keep the building or rented land ill good 
repairs.-(l) Every landlord shall be bound to keep the building or rented land in 
good and tenantable repairs. 
(2) If the landlord neglects or fails to make, within a reasonable time after 
receiving a notice in writing, any repair s which he is bound to make under sub-
section (1), the tenant may make the same himself and deduct the expenses of 
such repairs from the rent or otherwise recover them from the landlord: 
Provided that the amount so deducted or  recoverable in any year shall not 
exceed one-twelfth of the rent payable by the tenant for that year. 
(3) Where any repairs without which the building or rented land is no 
longer habitable or useable, except with und ue inconvenience, are to be made and 
the landlord neglects or fails to make them after receiving notice in writing, the 
tenant may apply to the Controller for pe rmi5sion to get such repairs done on his 
own and may submit to the Controller an estimate of the cost of such repairs, and 
thereupon the Controller may after giving the landlord an opportunity of being 
heard and after considering such estimate of  the cost and making such inquiries as 
he may consider necessary, by an order in  writing, permit the tenant to make such 
repairs at such cost as may be specified  in the order and it shall thereafter be 
lawful for the tenant to get such repa irs done on his own and to deduct the cost 
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thereof from the rent, which shall in no  case exceed the amount so specified or 
otherwise recover it from the landlord : 
Provided that the amount so deducted or recoverable in any year shall not 
exceed 3 months' rent payable by the tenant: 
Provided further that if any repairs not covered by the said amount are 
necessary in the opinion of the Controller and the tenant agrees to bear the excess 
cost himself, the Controller may permit the tenant to make such repairs. 
14. Eviction of tenants.-(l) A tenant in possession of a building or rented 
land shall not be evicted therefrom in execu tion of a decree passed before or after 
the commencement of this Act or othe rwise, whether before or after the 
termination of the tenancy, except in accordance with the provisions of this Act. 
(2) A landlord who seeks to evict his te nant shall apply to the Controller 
for a direction in that behalf. If the Controller, after giving the tenant a reasonable 
opportunity of showing cause against the applicant, is satisfied-  
(i) that the tenant has not paid or tendered the rent due from him in respect 
of the building or rented land within fifteen days after the expiry of 
the time fixed in the agreement of tenancy with his landlord or in the 
absence of any such agreement by the last day of the month next 
following that for which the rent is payable: 
Provided that If the tenant on the first hearing of the application for 
ejectment after due service pays or tenders the arrears of rent and interest at the 
rate of 9 per cent per annum on such arrear s together with the cost of application 
assessed by the Controller, the tenant shall be deemed to have duly paid or 
tendered the rent within time aforesaid: 
Provided further that if the arrears pertain to the period prior to the 
appointed day, the rate of interest shall be calculated at the rate of 6 per cent per 
annum: 
Provided further that the tenant against whom the Controller has made an 
order for eviction on the ground of non-payment of rent due from him, shall not be 
evicted as a result of his order, if the tenant pays the amount due within a period 
of 30 days from the date of order ; or 
(ii) that the tenant has after the commencement of this Act without the 
written consent of the landlord 
(a) transferred his rights under the lease or sublet the entire building or 
rented land or any portion thereof; or 
(b) used the building or rented land for a purpose other than that for which 
it was leased ; or 
(iii) that the tenant has committed such acts as are likely to impair 
materially the value or utility of the building or rented land ; or 
(iv) that the tenant has been guilty of such acts and conduct as are 
nuisance to the occupiers of buildings in the neighborhood; or 
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(v) that the tenant has ceased  to occupy the building or rented land for a 
continuous period of twelve months without reasonable cause; 
the Controller may make an order directing the tenant to put the landlord in 
possession of the building or rented land and if the Controller is not so satisfied he 
shall make an order rejecting the application; 
Provided that the Controller may give the tenant a reasonable time for 
putting the landlord in possession of the bu ilding or rented land and may extend 
such time so as not to exceed three months in the aggregate. 
(3) A landlord may apply to the Controller for an order directing the 
tenant to put the landlord in possession:  
(a) in the case of a residential building, if- 
(i) he requires it for his own occupation : 
Provided that he is not occupying another residential building owned by 
him in the urban area concerned: 
Provided further that he has not vacated such a building without sufficient 
cause within five years of the filing of the application, in the said urban area; or 
(ii) it was let to the tenant for use as a residence by reason of his being in 
service or employment of the landlord, and the tenant has ceased, 
whether before Or after commencemen t of this Act, to be in such 
service or employment : 
Provided that where the tenant is a workman who has been discharged or 
dismissed by the landlord from his service or employment in contravention of the 
provisions of the Industrial Disputes Act, 1947 (14 of 947), he shall not be liable 
to be evicted until the competent authority under that Act confirms the order of 
discharge or dismissal made against him by the landlord; 
(iii) the landlord is a member of the Armed Forces of the Union of India 
and requires it for the occupation of his family and if he produces a 
certificate of the prescribed authority referred to in section 7 of the 
Indian Soldiers (Litigation) Act, 1925,  (4 of 1925) that he is serving 
under special conditions within the meaning of section 3 of that Act 
or is posted in a non-family station. 
Explanation-I.-For te purposes of this sub-clause- 
(1) the certificate of the prescribed authority shall be conclusive proof of 
the fact that the landlord is serving under special conditions, or is posted  in a non-
family station ; 
(2) “family” means parents and such relation(s) of landlord as ordinarily 
reside with him and is/are dependent upon him ; 
(iv) the tenant has, whether before or after the commencement of this Act, 
built or acquired vacant possession of or been allotted, a residence 
reasonably sufficient for his requirements 
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(b) in the case of rented land, if  
(i) he requires it for his own use: 
Provided that he is not occupying in  the urban area concerned any other 
rented land for the purpose of his business: 
Provided further that he has not vacated such rented land without 
sufficient cause within five years of the filing of the application in the 
urban area concerned; 
(ii) he requires rented land for cons truction of residential or non-
residential building or for establishment of industry;  
(iii) the tenant lets out his rented land to some body else on higher rent; 
(c) in the case of any building or rented land, if he requires it to carry out 
any building work at the instan ce of the Government or local 
authority or any Improvement Trust under some improvement or 
development scheme or if it has become unsafe or unfit for human 
habitation or is required bona fide  by him for carrying out repairs 
which cannot be carded out without the building or rented land being 
vacated or that the building or rented land is required bona-fide  by 
him for the purpose of building or re-building or making thereto any 
substantial additions or  alterations and that such building or re-
building or addition or alteration cannot be carried out without the 
building or rented land being vacated; 
(d) in the case of any residential buildi ng, if he requires it for use as an 
office, or consulting room by his son who intends to start practice as a 
lawyer, an architect, a dentist, an engineer, a veterinary surgeon or a 
medical practitioner, including a practitioner of Ayurvedic Unani or 
Homoeopathic System of Medicine or for the residence of his son 
who is married, if  
(i) his son as aforesaid is not occupying in the urban area concerned 
any other building for use as office consulting room or residence, 
as the case may be; and 
(ii) his son as aforesaid has not vacated such a building without 
sufficient cause, after the comme ncement of this Act, in the 
urban area concerned : 
Provided that where the tenancy is fo r a specified period, agreed upon 
between the landlord and the tenant, the landlord shall not be entitled to apply 
under this sub-section before the expiry of such period: 
Provided further that where the la ndlord has obtained possession of any 
building or rented land under the provisions of clause (a) or clause (b), he shall not 
be entitled to apply again under the said clause for the possession of any other 
building of the same class or rented land:  
Provided further that where a landlord has obtained possession of any 
building under the provisions of clause (d),  he shall not be entitled to apply again 
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under the said clause for the use of, or fo r the residence of the same son, as the 
case may be. 
(4) The Controller shall, if he is satisfi ed that the claim of the landlord is 
bonafide, make an order directing the tenant  to put the landlord in possession of 
the building or rented land on such date as may be specified by the Controller and 
if the Controller is not so satisfied he shall make an order rejecting the application: 
Provided that the Controller may give the tenant a reasonable time for 
putting the landlord in possession of the bu ilding or rented land and may extend 
such time not exceeding three months in the aggregate. 
(5) Where a landlord who has obtained possession of the building or 
rented land in pursuance of an order under sub-section (3) does not occupy it 
himself or if possession was obtained by him for his family in pursuance of an 
order under sub-clause (iii)  of clause (a)  of sub-section. (3), his family does not 
occupy the residential building, or if  possession was obtained by him on behalf of 
his son in pursuance of an order under clause (d)  of sub-section (3) his son does 
not occupy it for the purpose for which the possession was obtained, for a conti-
nuous period of twelve months from the date of obtaining possession or if 
possession was obtained under sub-section (2) of section 15 he does not occupy it 
for personal use for a continuous period of3 months from the date of obtaining 
possession or where a landlord who has obtained possession of a building under 
clause (c) of sub-section (3) puts that building to any use other than that for which 
it was obtained or lets it out to any tenant other than the tenant evicted from it, the 
tenant who has been evicted may apply to the Controller for an order directing that 
he shall be restored to possession of su ch building or rent ed land and the 
Controller shall make an order accordingly. 
(6) Where a landlord has acquired any premises by transfer, no 
application for the recovery of possession of such premises shall be made under 
this section on the ground specified in sub-clause (i) of clause (a)  of sub-section 
(3) unless a period of five years has elapsed from the date of such acquisition. 
(7) Where the Controller is satisfied  that any application made by a 
landlord for the eviction of a tenant is frivolous or vexatious, the Controller may 
direct that compensation not exceeding five  hundred rupees be paid by the such 
landlord to the tenant. 
15. Right to recover  immediate possession of premises to certain 
persons.-(1) Where a person who being in occupation of any residential premises 
allotted to him by the Central Government, the State Government-or any local 
authority is required by, or in pursuance of any general or special order made by 
the Central or State Government or local authority, as the case may be, to vacate 
such residential accommodation, or in default,  to incur certain obligations, on the 
ground that he or his spouse or depende nt child owns, within the urban area, 
residential accommodation there shall accrue, on and from the date of such order, 
to such a person notwithstanding anything c ontained elsewhere in this Act or in 
any other law for the time being in force or in any contract (whether express or 
implied), custom or usage to the contrary, a right to recover immediate the 
possession of any premises let out by him: 
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Provided that nothing in this section shall be construed as conferring a 
right on the person, who himself or whose spouse or dependent child owns, within 
the urban area, two or more dwelling houses, to recover the possession of more 
than one dwelling house, and it shall be lawful for such person to indicate the 
dwelling house, the possession of which he intends to recover, 
(2) Where a specified landlord, at any time within one year prior to or 
within one year after the date of his re tirement or after his retirement but within 
one year of the appointed day whichever is  later, applies to the Controller along 
with a certificate from the authority competent to remove him from service 
indicating the date of his retirement and his affidavit to the effect that he or his 
spouse does not own and posses any other suitable accommodation in the local 
area in which he intends to reside or to start his own business, to recover 
possession of one residential building for hi s own occupation, there shall accrue, 
on and from the date to such appli cation to such specified landlord, 
notwithstanding anything contained elsewhere  in this Act or in any other law for 
the time being in force or in any contract (whether expressed or implied), custom 
or usage to the contrary a right to recover immediate possession of such 
residential building or any part or parts of such building if it is let out in part or 
parts: 
Provided that in case of death of the specified landlord, the widow or 
widower of such specified landlord and. in the case of death of such widow Or 
widower, mother or father or a child or a grandchild or a widowed daughter-in-
law who was dependent upon such specified landlord at the time of his death shall 
be entitled to make an application under this section to the Controller,- 
(a) in the case of death of such specifi ed landlord before the appointed 
day, within one year of the said day; 
(b) in the case of death of such specified landlord after the appointed day, 
but before the date of his retirement, within one year of the date of his 
death ; 
(c) in the case of death of such specified landlord after the appointed day 
and the date of his retirement, within one year of the date of such 
retirement ; 
and on the date of such application the right to recover the possession of the 
residential building which belongs to such specified landlord or his spouse at the 
time of his death shall accrue to the applicant: 
Provided further that nothing in this  section shall be so construed as 
conferring a right, on any person to recover possession of more than one 
residential building inclusive of any pans thereof if it is let out in part or parts: 
Provided further that the controller may give the tenant a reasonable time 
for putting the specified landlord or, as the case may be, the widow, widower, 
widower grandchild or: widowed daughte r-in-law in possession of the residential 
building and may extend such time not exceeding three months in the aggregate 
Explanation.-For the purposes of this section, the expression "retirement" 
 14
includes the voluntary retirement but does not include resignation, discharge or 
dismissal from service. 
(3) Notwithstanding anything contained elsewhere in this Act, or in any 
other law for the time being in force or in any contract, custom or usage to the 
contrary where the landlord exercises the right of recovery conferred on him by 
this Act, no compensation shall be payabl e by him to the tenant or any person 
claiming through or under him and no cl aim for such compensation shall be 
entertained by any court, tribunal or other authority: 
Provided that where the landlord had received,- 
(a) any rent in advance from the tenant, he  shall, within a period of ninety 
days from the date of recovery of the possession of premises by him, 
refund to the tenant such amount as represents the rent payable for the 
un-expired portion of the contract, agreement or lease; 
(b) any other payment, he shall, with in the period aforesaid, refunded to 
the tenant a sum which shall bear the same proportion to the total 
amount so received, as the un-expired portion of the contract or 
agreement, or lease bears to the total period of contract or agreement 
of lease : 
Provided further that, if any default is made in making any refund as 
aforesaid, the landlord shall be liable to pay simple interest at the rate of nine per 
cent per annum. 
16. Special procedure for the disposal of applications for eviction on 
the ground of bon a fide requirement under section 14(3) (a) (iii) and sections 
15.-(1) Every application by a .landlord fo r the recovery of possession of any 
premises under sub-clause (iii)  of clause (a)  of sub-section (3) of section 14 or 
section 15 shall be dealt with in accordance with the procedure specified in this 
section. 
(2) After an application under sub-clause (iii)  of clause (a) of sub -section 
(3) of section 14 or section 15 is received,  the Controller shall issue summons, in 
relation to every application re ferred to in sub-section (1), in  the form specified in 
Schedule-II. 
(3) (a)  The Controller shall in addition to and simultaneously with the 
issue of summons for service on the tenant also direct the summons to be served 
by registered post, acknowledgement due, addressed to the tenant or his agent 
empowered to accept the service at the place where the tenant or his agent actually 
and voluntarily resides or carries on business or personally works for gain and 
may, if the circumstances of the case so re quire also direct the publication of the 
summons in a newspaper circulating in th e locality in which the tenant is last 
known to have resided or carried on business or personally worked for gain. 
(b) When an acknowledgement purporting to be signed by the tenant or 
his agent is received by the Controller or the registered article containing the 
summons is received back with an endorse ment purporting to have been made by 
a postal employee to the effect that the te nant or his agent had refused to take 
delivery of the registered article, the Contro ller, after such inquiry as he deems fit, 
 15
is satisfied about the correctness of the endorsement, he may declare that there has 
been a valid service of summons on the tenant. 
(4) The tenant on whom the summons is duly served (whether in the 
ordinary way or by registered post) in the form specified in Schedule-II shall not 
contest the prayer for eviction from the premises unless he files an affidavit 
stating the grounds on which he seeks to contest the application for eviction and 
obtains leave from the Controller as hereinafter provided; and in default of his 
appearance in pursuance of the summons or his obtaining such leave, the 
statement made by the landlord or by the specified landlord, or as the case may be, 
the widow, widower, child, grandchild or widowed daughter-in-law of such 
specified landlord in the application for eviction shall be deemed to be admitted 
by the tenant and the applicant shall be  entitled to an order for eviction on the 
ground aforesaid. 
(5) The Controller shall give to the tenant leave to contest the application 
if the affidavit filed by the tenant discloses such fact as would disentitle the 
landlord or the specified landlord or, as the case may be, the widow, widower, 
child, grandchild or widowed daughter-in-law of such specified landlord from 
obtaining an order for the recovery of  possession of the premises of the ground 
specified in sub-clause (iii)  of clause (a)  of sub-section (3) of section 14 or in 
section 15. 
(6) Where leave is granted to the tena nt to contest the application, the 
Controller shall commence the hearing of the application as early as practicable. 
(7) Notwithstanding anything contained in section 14, the Controller shall, 
while holding an enquiry in a proceeding, follow the practice and procedure of a 
Court of Small Causes, including the recording of evidence. 
(8) No appeal or second appeal shall lie against an order for the recovery 
of possession of any premises made by the Controller in accordance with the 
procedure specified in this section: 
Provided that the High Court may, for the purposes of satisfying itself that 
an order made by the Controller under this section is according to law, call for the 
records of the case and pass such orders in respect, thereto as it thinks fit. 
(9) Where no application for revision has been made to the High Court, 
the Controller may exercise the powers of review in accordance with the provision 
of Order XLVI (of the First Schedule to th e Code of Civil Procedure, 1908 (5 of 
1908). 
(10) Save as otherwise provided in this section, the procedure for the 
disposal of an application for eviction on the ground specified in sub-clause (iii)  
of clause (a) of sub-section (3) of section 14 or in section 15 shall be the same as 
the procedure for the disposal of applications by the Controller. 
17. Recovery of possession in case of  tenancies for limited period.- 
Where a landlord does not require the whole or any part of any premises for a 
particular period, and the landlord, after obtaining the permission of the Controller 
in the prescribed manner, lets the whol e of the premises or part thereof as 
 16
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 
premises, then, notwithstanding anything contained in section 14 or in an other 
law, the Controller may, on any applica tion made to him in this behalf the 
landlord within such time as may be prescribed, place the landlord in vacant 
possession of the premises or part thereof by evicting the tenant and every other 
person who may be in occupation of such premises. 
18. Decisions which have become final not to be reopened.-  The 
Controller shall summarily reject any a pplication under sub-section (2) or sub-
section (3) of section 14 which raises subs tantially issues as have been finally 
decided in a former proceeding under this Act. 
19. Leases of vacant buildings.- Whenever any building which was 
constructed before the commencement of this Act, and was being let out to tenants 
remains vacant for a period of twelve months, the Controller may on receipt of 
any application from a person serve the landlord a notice informing him that he 
should show cause why the vacant building be not let out to a tenant, who will pay 
fair rent to the landlord. On hearing the landlord, the Controller may, on such 
terms on which the building was being let out, lease the same to a person who has 
in his occupation no other building either as an owner or as a tenant. 
20. Receipt to be given for rent paid.- (1) Every tenant shall pay rent 
within the time fixed by contract or in  the absence of such contract, by the 
fifteenth day of the month next following the month for which it is payable. 
(2) Every tenant who makes payment of rent to his landlord shall be 
entitled to obtain forthwith from the landlord or his authorised agent a written 
receipt for the amount paid to him duly signed by the landlord or his authorised 
agent. 
(3) If the landlord or his authorised ag ent refuses or neglects to deliver to 
the tenant a receipt referred to in su b-section (2), the Controller may, on an 
application made to him in this behalf by the tenant within two months from the 
date of payment and after hearing the landlord or his authorised agent, by order, 
direct the landlord or his authorised agent to pay to the tenant, by way of damages, 
such sum not exceeding double the amount of rent paid by the tenant and the costs 
of the application and shall also grant a cer tificate to the tenant in respect of the 
rent paid. 
21. Deposit of relit by the tenant.- (l) Where the landlord does not accept 
any rent tendered by the tenant within the time referred to in section 20 or refuses 
or neglects to deliver a receipt referred to therein or where there is a bona fide  
doubt as to the person or persons to whom the rent is payable, the tenant may 
deposit such rent with the Controller in the prescribed manner. 
(2) The deposit shall be accompanied by an application by the tenant 
containing the following particulars, namely: 
(a) the building or rented land for which the rent is deposited with a 
description sufficient for identifying the building or rented land ; 
(b) the period for which the rent is deposited ; 
 17
(c) the name and address of the landlor d or the persons claiming to be 
entitled to such rent ; and 
(d) such other particulars as may be prescribed. 
(3) On such deposit of the rent being made, the Controller shall send in 
the prescribed manner a copy or copies of  the application to the landlord or 
persons claiming to be entitled to the rent with an endorsement of the date of the 
deposit. 
(4) If an application is made for the withdr

Excerpt shown. Open the full act in Lexace.

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