LexThe Buildings (Lease and Rent Control)Act
Kerala · state statute
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THE KERALA BUILDINGS (LEASE AND RENT CONTROL)
ACT, 1965
(President’s Act No. 2 of 1965)
Preamble.
CONTENTS
Sections
1. Short title, extent, application and commencement.
2. Definitions.
3. Constitution of Rent Control Courts and appointment of
Accommodation Controllers.
4. Notice of vacancy.
5. Determination of fair rent.
6. Increase in fair rent in what cases admissible.
7* Increase of rent in certain cases.
8. Landlord not to claim or receive anything in excess of fair
rent or agreed rent.
9. Right of tenant paying rent or advance to receipt.
10. Right of tenant to deposit rent in certain cases.
11. Eviction of tenants
12. Payment or deposit of rent during the pendency of proceed
ings for eviction.
13. Landlord not to interfere with amenities enjoyed by the
tenant.
14. Execution of orders.
15. Decisions which have become final not to be reopened.
16. Orders of Rent Control Court to be pronounced in open
Court.
17. Conversion of builiings and failure by landlord to make
necessary repairs.
18. Appeal.
19. Costs.
20. Revision.
21. Order under the Act to be binding on sub-tenants.
22. Proceedings by or against legal representative.
23. Summons, etc.
24 Time within which proceedings have to be disposed of.
25. Exemptions.
26. Executive authorities of local bodies to furnish certified ex
tracts from property-tax or house-tax assessment books.
27. Landlord and tenant to furnish particulars.
28. Inspectors.
29. Penalties.
30. Fixation of fair rent suo motu by Court.
31. Power to make rules.
32. Protection of action taken in good faith.
33. Restoration of possession in certain cases.
34. Savings and special provision.
The Schedule.
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THE KERALA BUILDINGS (LEASE AND
RENT * CONTROL) ACT, 1965
(No. 2 of 1965)
Enacted by the President in the Sixteenth Year of the
Republic of India.
An Act to regulate the leasing oj buildings and to control the rent of such
buildings in the State of Kerala.
In exercise of the powers conferred by section 3 of the Kerala State
Legislature.(Delegation of Powers) Act, 1965 (12 of 1965), the President is
pleased to enact as follows :—
1. Short title, extent, application and commencement. —(1) This Act may
be called the Kerala Buildings (Lease and Rent Control) Act, 1965.
(2) It extends to the whole of the State of Kerala.
(3) It applies to the areas mentioned in the Schedule and the Government
may, by notification in the Gazette, apply all or any of the provisions of this Act
to any other area m the State with effect from such date as maybe specified in the
notification, and may, by like notification, cancel or modify such notification or
withdraw the application of all or any of the provisions of this Act from any area
mentioned in the Schedule :
Provided that no such notification shall be issued unless it is supported
by a resolution passed by the local authority or authorities, if any, of the areas
affected by the notification.
(4) It shall be deemed to have come into force on the first day of April,
1965.
2. Definitions.—In this Act, unless the context otherwise requires,—
(1) “ building” means any building or hut or part of a building or hut, let
or to be let separately for residential or non-residential purposes and includes—
(a) the garden, grounds, wells, tanks and structures, if any,
appurtenant to such building, hut or part of such building or hut, and let or to be
let along with such building or hut;
lb) any furniture supplied or any fittings affixed by the landlord for
use in such building or hut or part of a building or hut, but does not include a
room in a hotel or boarding-house ;
(2) “ Accommodation Controller ” means any person appointed to
perform the functions of an Accommodation Controller under this Act ;
(3) “ landlord ” includes the person who is receiving or is entitled to
receive the rent of a building, whether on his own account
* Publiihed in the Kerala Gizette Extraordinary No. 60 dated tho 7th July. 1965.
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or on behalf of* another or on behalf of himself and others or as An agent, -
trustee, executor, administrator, receiver or guardian or who would so teceive
the rent or be entitled to receive the rent, if the building were let to a tenant
Explanation.—A tenant who sub-lets shall be deemed to be a landlord
within the meaning of this Act in relation to the sub-tenant ;
(4) ‘‘ prescribed ” means prescribed by rules made under this
Act;
(5) “ Rent Control Couit ” means the Court constituted under section
3 ;
(6) “ tenant ” means any person by whom or on whose account rent is
payable for a building and includes the surviving spouse, or any son or
daughter, of a deceased tenant who had been living with the tenant in the
building as a member of the tenant’s family up to the death of the tenant and a
person continuing in possession after the termination of the tenancy in his
favour, but does not include a Kudikidappukaian .as defined in the Kerala Land
Reforms Act, 1963 (Kerala Act 1 of 1964),or a person placed in occupation of a
building by its tenant or a person to whom the collection of rents or fees m a
public market, cart-stand oi slaughtci-house or of lents for shops has been
farmed out oi leased by a municipal council or local boaid or Panchayat oi
Corporation ;
(7) “ unconscionable lent” means any rent which is more than double
the maximum of the fan rent that could be fixed for a building under section 5.
3. Constitution oj Rent Control Courts and appointment of
Accommodation Controllers.—(1) The Government may, by notification in the
Gazette, appoint a peison who is or is qualified to be appointed, a Munsiff to be
the Rent Control Couit foi such local areas as may be specified therein.
(2) The Government may, by notification in the Gazette, appoint any
Officer not below the rank of a Tahsildai to be the Accommodation Conti oiler
for any area to which this Act applies.
(3) The Accommodation Controller shall exercise his powcis and
pcifoim his functions subject to such general directions as the Government may
issue.
4. Notice of vacancy. —(1) (a) Every landlord may within fifteen days
befoie completion and shall, within fifteen days after the const! uc- tion or
reconsti uction of a building intended to be let out or after a' building becomes
vacant by his ceasing to occupy it, or by the termi nation of a tenancy, or by
lelease from requisition by the Government or any other competent authority,
give notice of the availability oi vacancy in writing to the Accommodation
Controller. Every tenant shall within fifteen days of his vacating a building
occupied by him give notice of the same in writing to the Accommodation
Controller :
Provided that this sub-section shall not apply to a building m respect of
which the landlord has obtained an older for possession on any of the grounds
specified in sub-section (3), clause (iv) of sub-section
(4) and sub-sections (7) and (8) oi section 11.
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(b) Every notice given under clause (<z) shall contain such particulars
as may be prescribed.
(2) If the tenant of a building puts another person in occupation !hereof
and does not re-occupv it within a period of three months, then on the cxpny of
such period, the tenancy shall be deemed to have ter minated and it shall be the
duty of the tenant, and also ol the landlord, if he is aware of such termination, to
give notice thereof in writing to the Accommodation Controller within fifteen
days of such termination
Provided that the tenant may, before the expiry of thiee months, apply to
the Accommodation Controller to re-occupy the building within a penod of six
months and if such permission is granted, this sub-section shall have effect as if
for the pev lod of three months specified therein, a penod of six months weie
substituted.
Explanation.—This sub-section shall not apply where the building has
been sub-let by a tenant entitled to do so, aftei giving due notice to the
Accommodation Controller under sub-section (I) and in confor mity with the
provisions of this section,
(3) If, within fifteen days of the receipt by the Accommodation
Controllci of a notice undei sub-section (1) oi sub-section (2), the
Accommodation Controller does not intimate to the latidloid in writing that die
building is required lor the purpose of the State oi Central Government cr of any
local authority or of any public institu tion or for the occupation of any officer of
such Government, oi local authonty or for the occupation of such class of non-
officials as may be prescribed hav.ng legard to the impoitance of their service to
society, the landlord shall be at liberty to let the building to any tenant or to
occupy it himself.
(4) The landlord shall not let the building to a tenant oi occu py it
himself, before the expiry of the penod of fifteen days specified in sub-section
(3) unless in the meantime he has received intimation that the building is not
required for the purposes or for occupation by any of the pei sons specified in
that subjection.
f5) If the building is icquired for the purposes of the State oi Central.
Government oi a local authority or any public institution oi for the occupation of
any officer of such Government or local authority, or for occupation by any of
the peisons specified in sub-section (3), the landlord shall deliver possession of
the building to the Accommodation Controller and the Government, the local
authonty or public institu tion or office! or person shall be deemed to be the
tenant of the landlord, with ictrospective effect from the date on which the
Accommodation Controller received notice under sub-section (1) or sub-section
(2), the terms of the tenancy being such as may he agi’ced upon between the
landlord and the tenant and in default of an agi cement, as may be determined
under section 5 :
Provided that the rent payable shall be the fair rent, if any, fixed for the
building under the provisions of this Act, and, if no fair rent has been so fixed,
such fair lent as may be determined in accordance with the piovisions of this
Act :
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Provided fuither that a building used as a icsidential building, shall not
be used as a non-residential building or vue versa unless the Accommodation
Controller after hearing the landlord grants permission under sub-section (1) of
section 17 :
Provided also that no structural alterations shall be made m the
building, unless the consent of the landlord is also obtained therefor.
(6) (a) Where a landlord has two or more residential buildings in the
same city, town or village and they have not been let by him, the landlord may
choose any one of such buildings for his own occupa tion and shall give notice
to the Accommodation Controller specifying the building so chosen by him and
every other building not so chosen.
(b) When giving notice as aforesaid, the landlord shall also specify
therein—
(i) whether any building other than the one chosen by him under
clause (a) has been continuously m the occupa tion of any
member of his family or of any dependant of the landlord ;
or
(n) whether he requires any such building for the occupa tion of
any member of his family.
(c) In the case referred to in sub-clause (i) of clause { b ) , the
Accommodation Controller may, if he is satisfied that the occupation of the
building by any member of the family, or of any dependant of the landlord is
bona fide, make an order permitting the landlord to allow such member or
dependant to continue to occupy the building; and if the Accommodation
Controller is not so satisfied, he shall make an order refusing such permission.
(d) In the case referred to in sub-clause (li) of clause (b), the
Accommodation Controller may, if he is satisfied that the building is required
by any member of the family of the landlord bona fide, for such occupation,
make an order permitting the landlord to allow such member to occupy the
building, and if the Accommodation Controller is not so satisfied, he shall
make an order refusing such permission.
(e) Any landlord who is aggrieved by any order passed by the
Accommodation Controller under clause ( c) or clause (d) may, within fifteen
days from the date of the receipt of such order, prefer an appeal in writing to
the District Collector within whose jurisdiction the building in respect of which
the order appealed against is situate and he shall pass such orders on the appeal
as he may think fit.
(/) Every notice given by the landlord under clause (a) shall in so far
as it relates to any building other than the one chosen by him for his own
occupation, be deemed to be a notice under sub-section (1) and the provisions
of sub section (3) shall thereupon apply in respect of such buildings:
Provided that in respect of any building referred to in clause (a),
whereof an order under clause (c) or clause (d) or clause ( e) is made, the
provisions of sub-section (3) shall apply as if nonce had been given by the
londlord under sub-section
(1) immediately after the lapse of a period of fifteen days from the date of
receipt by the landlord of the order passed by the Accommodation
Controller or, if an appeal has been prcfericd to the District Collector against
that order within lhat period, as ll notice had been given as aforesaid by the
landlord on the date of the Older passed on the appeal.
(g) The Accommodation Controller shall allot the building vested m
him under sub-section (5) or sub-section (6) to persons mentioned in sub-
section (3) according to the rules and priorities prescribed by the Government.
(7) (a) Any officer empowered by the Government in this bahalf may
summarily dispossess—
(i) any landlord, tenant or other peison occupying any
building in contravention of the provisions of this section
or any landlord who fails to deliver possession
. of any building under sub-section (5),
( i t ) any officer, person, local authority or public institution
continuing to occupy, or failing to deliver possession of, any
building after the termination of his or its licence to occupy
such building,
and take possession of the building including any portion thereof which may
have been sub-let:
Provided that in cases where any landlord has been lefused per mission
for the occupation of a building under clause (6) or clause ( d ) of sub-section
(6), not less than one week’s notice to show cause to the contrary shall be given
before action is taken under this sub-section.
( b ) If free access to the building is not afforded to the officer
empowered under clause ( a ) he may, between 6 A. M. and 6 P . M. after giving
reasonable warning and facility to withdraw to any woman not appearing in
public according to the customs of the country, remove or open any lock or bolt
or break open any door or do any other act necessary for effecting such
dispossession.
(c ) Any landlord, tenant or other person or any officei, local
authority or public institution, liable to be summarily dispossessed under clause
( a ) shall pay, to the Government—
(i) the fair rent payable for the building under the piovisions of
this Act for the period of his or its occupation or possession
thereof as described in that clause, and
( l i ) the expenses, if any, incurred by the Government in effecting
such summary dispossession, as determined by them, which
determination shall be final.
(8) Nothing contained in this section shall apply—
( a ) to any building of u'hich the rent docs not, or where the rent
has not been fixed, the fair rent would not when fixed, exceed fifteen rupees per
mensem; or
( b ) to any building or buildings owned by any company, asso -
ciation or firm, whether incorporated or not and bona fide intended solely for
the occupation of its officers, servants or agents and situated in the same city,
town or village.
5. Ditermination of Jair rent. —(1) The Rent Control Court shali, on
application of the tenant or landlord of a building, fix the fair rent for such
building after holding such enquiry as it thinks fit.
(2) In fixing the fair rent the Court shall take into considera tion the
property tax or house tax fixed for the building at the time of letting in the
property tax register or house tax register of the local authority within whose
area the building is situated:
Provided that in the case of—
(t) any residential building, or
(v) any non-residential building, excepting a building to wliic.i
fittings have been affixed and such fittings have been excluded from valuation
for the purpose of fixing the property tax or house tax by a local authority,
the fair rent fixed may in proper cases be lower than, but shall in no case
exceed by more than fifteen per cent., the monthly rent on the basis of which
the property tax or house tax for the building has been fixed.
(3) If there is no property tax or house tax fixed for the building or if
it is not based on a rental basis or if the building is situated in an area which is
not a City, Municipality, Panchayat or in any other local authority, the fair rent
shall be fixed after taking into consideration the prevailing rates of rent in the
locality for similar accommodation in similar circumstances during the twelve
months preceding the letting.
(4) In case the allotment of the building is made by the Accom-
modation Controller, he may, provisionally fix the fair rent foi the building and
the Rent Control Court may, on application by an aggrieved party modify the
fair rent so fixed.
(5) The Rent Control Court shall intimate the fair rent of the building
fixed to the local authority within whose jurisdiction the build ing, in respect of
which the fair rent has been fixed, is situated. The local authoritv on leceipt of
such intimation shall make a record of the fair rent fixed in the register kept for
the purpose and shall make the register available for inspection in such places
and in such manner as may be prescribed. The regisier so prepared shall be
kept up-to-date so as to contain full particulars in regard to the rent fixed in
respect of a building by the Rent Control Court and also the subsequent
variation thereto made by the said Court.
6. Increase in fair rent in what cases admissible. — (1) When the fair
rent of a building has been fixed under this Act, no further increase in such fair
rent shall be permissible except in cases where some necessary addition,
improvement or alteration has been carried out at the landlord’s expense :
Provided that the fair rent as increased under this sub-section shall not
exceed the fair rent payable under this Act for a similar building in the same
locality with such additional improvement or alteration and it shall not be
chargeable until such addition, improvement or alteration has been co npleted :
Provided further that any dispute between the landlord and the tenant
in regard to any increase claimed under this sub-section shall be decided by
the Rent Control Court.
9 v
(2) Where, after the fair rent of a building has been fixed under this
Act, there is a decrease or diminution in the accommodation or amenities
provided the tenant may claim a reduction in the fair rent as so fixed, and any
dispute between the landlord and the tenant in regard to any reduction so
claimed shall be decided by the Rent Control Court
7. Increase of rent in certain cases.—(1) Where the amount of the taxes
and cesses payable by the landlord in respect of any building to a local
authority has increased after fixation of the fair rent, such increase shall be
recoverable by the landlord from the tenant:
4-
Provided that no such increase exceeding five per cent of the original
fair rent shall be so recovered from the tenant.
(2) Any dispute between the landlord and the tenant in regard to any
increase claimed under sub-section (1), shall be decided by the Rent Control
Court.
8. Landlord not to claim or receive anything in excess of fair rent or
agreed rent.—(1) Where the Rent Control Court has determined the fair rent
of a building—
(a) the landlord shall not claim, receive or stipulate for the payment
of (i) any premium or other like sum in addition to such fair rent, or (n) save
as provided in section 6 or section 7, anything in excess of such fair rent:
J- Provided that the landlord may receive, or stipulate for the pay
ment of an amount not exceeding one month’s rent, by way of advance;
(b) save as provided in clause (a), any premium or other like sum
or any rent paid in addition to, or in excess of such fair rent, whether before or
after the commencement of this Act, in consideration of the grant, continuance
or renewal of the tenancy of the building after such commencement, shall be
refunded by the landlord to the persefri by whom it was paid or at the option
of such person, shall be otherwise adjusted by the landlord :
Provided that where before the determination of the fair rent, rent has
been paid in excess thereof, the refund or adjustment shall be limited to the
amount paid in excess for a period of three years immedi ately before the
institution of any proceedings for such determination.
(2) Where the fair rent of a building has not been determined . under
sectioh 5—
r (a) 'notwithstanding anything contained m any contract, the
rent payable for the building in case it is a building falling under clause
(i) or clause (u) of the proviso to sub-section (2) of section 5 shall be, where
the piopeity tax or house tax has been fixed by the local authority, the
maximum rent that may be fixed by the Rent Control Court as provided for in
sub-section (2) of section 5, or the agreed rent which ever is less, and in cases
where no property tax ot house tax has been fixed for the building or where it
has been fixed not on a rental basis, the agreed rent;
10
(£) the landlord shall not, claim, receive or stipulate for the
payment of, any premium or other like sum in addition to the rent pay able
under clause (a) for a building falling under clause (t) or clause (it) of the
proviso to sub-section (2) of section 5, and the agreed rent in the case of any
other building :
Provided that the landlord may receive, or stipulate for the pay ment
of, an amount not exceeding one month’s rent, by way of advance ;
(c) save as provided in clause ( b) any sum paid in excess of the
rent payable under clause (a) in the case of a building falling under clause (i)
or clause (it) of the proviso to sub-section (2) of section 5, and the agreed
rent in the case of any other building, in consideration of the grant,
continuance or renewal of the tenancy of the building after the
commencement of this Act, shall be refunded by the landlord to the person
by whom it was paid or, at the option of such person, shall be otherwise
adjusted by the landlord.
(3) Any stipulation in contravention of sub-section (1) or sub section
(2) shall be null and void.
9. Right of tenant paying rent or advance to receipt.—(1) Every
tenant who makes a payment on account of rent or advance shall be entitled
to obtain a receipt in the prescribed form for the amount paid, duly signed by
the landlord or his authorised agent.
(2) Where a landlord refuses to accept, or evades the receipt of, any
rent lawfully payable to him by a tenant in respect of any building the tenant
may either remit the rent to the landlord by money order after deducting the
money order commission and continue to remit any rent which may
subsequently become due in respect of the building in the same manner until
the landlord signifies by a written notice to the tenant his willingness to
accept the rent or may by notice in writing, require the landlord to specify
within ten days from the date of receipt of the notice by him, a bank into
which the rent may bfc deposited by the tenant to the credit of the landlord:
Provided that such bank, if specified as aforesaid, shall be one
situated in the city, town or village in which the building is situated or if
there is no such bank in such city, town or village, within three miles of the
limits thereof.
Exp!anation.~lt shall be open to the landlord to specify, from time to
time, by a written notice to the tenant and subject to the proviso aforesaid, a
bank different from the one already specified by him under this sub-section.
(3) If the landlord specifies a bank as aforesaid the tenant shall
deposit the rent in the bank and shall continue to deposit in it any rent which
may subsequently become due in respect of the building.
(4) If ihe landlord does not specify a bank as aforesaid, the tenant
shall remit the rent to the landlord by money order, after deducting the
money order commission and continue to remit any rent which may
subsequently become due in respect of the building in the same manner until
the landlord signifies by a written notice to the tenant his willingness to
accept the rent or specifies a bank in which the
rent shall be deposited in accordance with the provisions of subsection (2).
10. Right of tenant to deposit rent in certain cases. —(1) Where the
address of the landlord or his authorised agent is not known to the tenant, he
may deposit the rent lawfully payable to the landlord in respect of the building
together with such fee as may be prescribed for the service of the notice
referred to in sub-section (2) before such authority and m such manner as may
be prescribed, and continue to deposit any rent which may subsequently
become due in respect of the building, together with the fee prescribed, as
aforesaid, before the same authority and in the same manner until the address
of the landlord or his authorised agent becomes known to the tenant.
(2) The rent so deposited may, subject to such conditions as may be
imposed by the Rent Control Court, be withdrawn by the landlord or his
authorised agent, on application to the Court.
(3) Where any bona fide doubt or dispute arises as to the person who
is entitled to receive the rent for any building, the tenant may deposit such rent
before such authority and in such manner as may be prescribed and shall
report to the Rent Control Court the circumstances under which such deposit
was made by him, and 'may continue to deposit any rent which may
subsequently become due in respect of the building before the same authority
and in the same manner until the doubt is removed or the dispute is settled by
the decision of a compet ent Court or by a settlement between the parties or
until the Rent Control Court makes an order under clause ( b) of sub-section
(4), as the case may be.
(4) (a) The Rent Control Court to whom a report is made under sub-
section (3) shall, if satisfied that a bona fide doubt or dispute exists in the
matter, direct that, pending removal of the doubt or settlement of the dispute as
aforesaid, the deposit be held by the authority concerned.
[b) If the Rent Control Court is not so satisfied, it shall forth with
order payment of the amount deposited to the landlord.
(5) (a) Where the Rent Control Court passes an order under clause (a)
of sub-section (4), any amount or amounts deposited under sub-section (3)
may be withdrawn only by the person who is declared by a competent Court to
be entitled thereto, or in case the doubt or dispute is removed by a settlement
between the parties, only by the person who is held by the Rent Control Court
to be entitled to the amount or amounts in accordance with such settlement.
(b) An order passed by the Rent Control Court under clause ( b) of
sub-section (4) shall not debar the aggrieved party from esta blishing his claim
in any competent Court.
11. Eviction of tenants.—(1) Notwithstanding anything to the contrary
contained in any other law or contract a tenant shall not be evicted, whether in
execution of a decree or otherwise, except m accordance with the provisions
of this Act:
Provided that nothing contained in this section shall apply to a tenant
whose landlord is the State Government or the Central Govern ment or other
public authority notified under this Act:
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Provided further that where the tenant denies the title of the landlord or
claims right of permanent tenancy, the Rent Control Court shall decide whether
the denial or claim is bona fide and if it records a finding to that effect, the
landlord shall be entitled to sue for eviction of the tenant in a Civil Court and
such Court may pass a decree for eviction on any of the grounds mentioned in
this section, notwithstand ing that the Court finds that such denial does not
involve forfeiture of the lease or that the claim is unfounded.
(2) (a) A landloid who seeks to evict his tenant shall apply to the Rent
Control Court for a direction in that behalf.
(b) If the Rent Control Couit, after giving the tenant a reasonable
opportunity of showing cause against the application, is satisfied that the tenant
has not paid or tendered the rent due by him in respect of the building within
fifteen days after the expiry of the time fixed m 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, it shall make an order
directing the tenant to put the landlord in possession of the building, and if it is
not satisfied it shall make an order rejecting the application thereof by him:
Provided that an application under this sub-section shall be made only
if the landlord has sent a registered notice to the tenant intimating the default
and the tenant has failed to pay or tender the rent together with interest at six
per cent per annum and postal charges incurred in sending the notice within
fifteen days of the receipt of the notice or of the refusal thereof.
(c) The order directing the tenant to put the landlord in posses sion
of the building shall not be executed before the lapse of one month from the
date of the order of the Rent Control Court and if the tenant deposits arrears of
rent with interest and cost of proceedings within a month of such order or such
other period as may be allowed by the Rent Control Court, it shall vacate that
order.
(3) A landlord may apply to the Rent Control Court, for an order
directing the tenant to put the landlord in possession of the build ing if he bona
fide needs the building for his own occupation or for the occupation by any
member of his family dependent on him:
Provided that the Rent Control Court shall not give any such direction
if the landlord has another building of his own in his posses sion in the same
city, town or village except where the Rent Control Court is satisfied that for
special reasons, in any particular case it will be just and proper to do so:
Provided further that the Rent Control Court shall not give any
direction to a tenant to put the landlord in possession, if such tenant is
depending for his livelihood mainly on the income derived from any trade or
business carried on in such building and there is no other suitable building
available m the locality for such person to carry on such trade or business.
Provided further that no landlord whose right to recover posses sion
arises under an instrument of transfer inter vivos shall be entitled to apply to be
put in possession until the expiry of one year from the date of the instrument;
13
Provided further that if a landlord after obtaining an order to be put in
possession transfers his rights in respect of the building to another person, the
transferee shall not be entitled to be put m possession unless he proves that he
bona fide needs the building for his own occupation or for the occupation by
any member of his family dependent on him.
(4) A landlord may apply to the Rent Control Court for an order
directing the tenant to put the landlord in possession of the building,—
(i) if the tenant after the commencement of this Act, without the
consent of the landlord, transfers his right under the lease or sub- lets the entire
building or any portion thereof if the lease does not confer on him any right to
do so; or
(it) if the tenant uses the building in such a manner as to destroy or
reduce its value or utility materially and permanently; or
‘ (in) if the tenant already has in his possession a building or
subsequently acquires possession of or puts up a building, reasonably
sufficientfor his requirements in the same city, town or village; or
(in) if the building is in such a condition that it needs recon struction
and"if the landlord requires bona fide to reconstruct the same and if. he
satisfies the Court that he has the plan and licence, if any required, and the
ability to rebuild and if the proposal is not made as a pretext for eviction: t
.
i Provided that the landlord who evicts. a tenant and docs not reconstruct
completely the building within a time which may be fixed -* or extended by the Rent Control
Court, shall on a petition before that
Court be liable to a fine of rupees five hundred, if it is proved that he has
wilfully neglected to reconstruct completely the building within such time: '
Provided further that the Court shall have power at any time to issue
directions regarding the reconstruction of the building and on failure of
compliance by the landlord, to give effect to the order in any manner the Court
deems fit and in appropriate cases to put the tenant back in possession or
award to the evicted tenant damages equal to the excess rent he has to pay for
another building that he is occupying in consequence of such eviction:
Provided further that the tenant who was evicted shall have the first
option to have the reconstructed building allotted to him with liability to pay
its fair rent; or
(») if the tenant ceases to occupy the building continuously for six
months without reasonable cause.
(5) A landlord who wants to renovate the building may apply to" the
Rent Control Court for an order directing the tenant to permit the landlord to
enter and carry out the renovation within a time to be fixed by the Court and
the Court may issue such orders, as it deems fit, and the tenant shall be bound
to abide by the orders of the Court.
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14
(6) A tenant whose building has been renovated under subsection (5)
shall be liable to pay enhanced rent so as to assure the landlord a rent equal to
the rent for a similar building with similar amenities in the locality.
(7) Where the landlord of a building is a religious, charitable,
educational or other public institution, it may, if the building is needed for the
purposes of the institution, apply to the Rent Control Court, for an order
directing the tenant to put the institution in possession of the building.
(8) A landlord who is occupying only a part of a building may apply
to the Rent Control Court for an order directing any tenant occupying the
whole or any portion of the remaining part of the building to put the landlord
in possession thereof, if he requires additional accommodation for his
personal use.
(9) Where the tenancy is for a specified period agreed upon between
the landlord and the tenant, the landlord shall not be entitled to apply to the
Rent Control Court before the expiry of such period.
(10) The Rent Control Court shall, if it is satisfied that the claim of
the landlord under sub-section (3),(4), (7) or sub-section (8) is bona fide,
make an order directing the tenant to put the landlord in possession of the
building on such date as may be specified by the Rent Control Court, and if
the Court is not so satisfied, it shall make an order rejecting the application :
Provided that, in the case of an application made under subsection (8),
the Rent Control Court shall reject the application if it is satisfied that the
hardship which may be caused to the tenant by grant ing it will outweigh the
advantage to the landlord :
Provided further that the Rent Control Court may give the tenant a
reasonable time for putting the landlord in possession of the building and
may extend such time so as not to exceed three months in the aggregate.
(11) Notwithstanding anything contained in sub-sections (1) to (10)
no order for eviction or for putting the landlord in possession shall be passed,
—
(i) against any tenant who is engaged in any employment or class
of employment notified by the Government as an essential service for the
purpose of this sub-section, unless the landlord is himself engaged in any
employment or class of employment which has been so notified, and the
landlord requires the building for his own occupation; or
(it) in respect of any building which has been let for use as an
educational institution, and is actually being used as such, provided that the
institution has been recognised by the Government or any authority
empowered by them in this behalf, so long as such recognition continues.
(12) Where a landlord who has obtained possession of a building in
pursuance of an order under sub-section (3), does not occupy it without
reasonable cause within one month of the date of obtaining possession, or
having so occupied it, vacates it without reasonable cause
15
within six months of such date, the tenant who has been evicted may apply to
the Rent Control Court for an order directing that he shall be restored to
possession of the building, and the Court shall make an order accordingly
notwithstanding anything contained in section 4.
(13) Where a tenant who is entitled to aoply for possession under
sub-section (12) fails to do so without reasonable cause within one month
from the date on which the right to make the application accrued to him, the
officer referred to in sub-section (1) of section 4, shall have power, if the
building is required for any of the purposes or for occupation by any of the
officers or persons specified in sub-section
(3) of tiiat section to give intimation to the landlord that the building is so
required, and thereupon the - provisions of sub-sections (5) and (8) of section
4 shall apply to the building :
Provided that this subjection shall not apply to a building the monthly
rent of which does not exceed fifteen rupees.
(14) Where the Rent Control Court is satisfied that any appli* cation
made by a landlord for the eviction of a tenant 's frivolous or vexatious, the
Rent Control Court may direct that compensation not exceeding fifty rupees
be paid by such landlord to the tenant.
(15) Where an application made under sub-section (2), (3), (4),
(5) , (7) or sub-section (8; for evicting a tenant has been rejected by
the Rent Control Court, the tenancy shall, subject to the provisions of this Act,
be deemed to continue on the same terms and conditions as before and shall
not be terminable by the landloid except on one or more of the grounds
mentioned in the above said sub-sections.
•-< (16) Notwithstanding anything contained in this section, no
person who is receiving or is entitled to receive the rent of a building merely
as an agent of the landlord shall, except with the previous written consent of
the landlord, be entitled to apply for the eviction of a tenant.
(17) Notwithstanding anything contained m this section a tenant who
has been in continuous occupation of a building from 1st April, 1940, as a
tenant, shall not be liable to be evicted for bor.afide occupation of the landlord
or of the occupation by any member of Ins family dependent on him, provided
that a landlord of a residential building shall be entitled to evict such a tenant
of that building if the landlord has been living in a place outside the city, town
or village in which the building is situated for a period of not less than five
years before he makes an application to the Rent Control Court for being put
in possession o'" the building and requires the building, bona fide for his own
permanent residence or for the permanent residence of any member of his
family or the landlord is in dire need of a place for residence and has none of
his own.
Explanation,—In computing the period of continuous occupation from
1st April 1940, the period, if any, during which the landlord was residing
outside the city, town or village in which the building is situ ate shall be
excluded.
12. Payment or deposit oj rent during the pendency of proceedings for
eviction.No tenant against whom an application for eviction has been made by
a landlord under section 11, shall be entitled to contest
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16
the application before the Rent Control Court under that section, or to prefer
an appeal under section 18 against any order made by the Rent Control Court
on the application, unless he has paid or pays to the landlord, or deposits with
the Rent Control Court or the appellate authority, as the case may be, all
arrears of rent admitted by the tenant to be due in respect of the building up to
the date of payment or depo sit, and continues to pay or to deposit any rent
which may subsequ ently become due in respect of the' building, until the
termination of the proceedings before the Rent Control Court or the appellate
authority, as the case may be.
(2) The deposit under sub-section (1) shall be made within such time
as the Court may fix and in such manner as may be prescribed and shall be
accompanied by the fee prescribed for the service of notice referred to in sub-
section (4):
Provided that the time fixed by the Court for the deposit of the arrears of
rent shall not be less than four weeks from the date of the order and the *ime
fixed for the deposit of rent which subsequently accrues due shall not be less
than two weeks from the date on which the rent becomes due.
(3) If any tenant fails to pay or to deposit the rent as aforesaid, the
Rent Control Court or the appellate authority, as the case may be, shall, unless
the tenant shows sufficient cause to the contrary, stop all further proceedings
and make an order directing the tenant to put the landlord in possession of the
building.
(4) When any deposit is made under sub-section (1), the Rent
Control Court or the appellate authority, as the case may be, shall cause notice
of the deposit to be served on the landlord in the prescrib ed manner, and the
amount deposited may, subject to such conditions as may be prescribed, be
withdrawn by the landlord on application made by him to the Rent Control
Court or the appellate authority in that behalf.
13. Landlord not to interfere with amenities enjoyed by the tenant .—
(1) No landlord shall, without just or sufficient cause, cutoff or withhold any
of the amenities enjoyed by the tenant.
(2) A tenant in occupation of a building may, if the landlord has
contravened the provisions of this section, make an application to the Rent
Control Court complaining of such contravention.
(3) If the tenant satisfies the Rent Control Court that the amenities
were cut off or withheld with a view to compel him to vacate the building or
to pay an enhanced rent, the Rent Control Court may pass an interim order,
directing the landlord to restore the amenities immediately, pending the
enquiry referred to in sub-section (4).
Explanation.—Anintcnm Older may be passed under this sub section
without giving notice to the landlord. Any interim order so passed may be
modified or cancelled by final order and the Court may give effect to such
modification or cancellation.
(4) If the Rent Control Court on inquiry finds that the tenant has been
in enjoyment of the amenities and that they were cut off or withheld by the
landlord without just or sufficient cause, it shall make
17
an order directing the landlord to restore such amenities and for the purpose of
enforcement of such orders, the Rent Control Court may exercise all the
powers of a Civil Court in executing a decree for injunction or for specific
performance.
(5) The Rent Control Court may in its discretion direct that
compensation not exceeding fifty rupees—
, (a) be paid to the landlord by the tenant, if the application
under sub-section (2) was made frivolously or vexatiously ;
(Z») be paid to the tenant by the landlord, if the landlord had ^ cut off
or withheld the amenities frivolously or vexatioudy.
14. Execution of Orders.—Every order made under section 11 or
section 13 or section 19 or section 33 and every order passed on appeal under
section 18 or on revision under section 20 shall, after the expiry of the time
allowed therein be executed by the Munsiflf or if there are more than one
MunsifT, by the Principal Munsiflf having original juris diction over the area
in which the building is situated as if it were a decree passed by him :
Provided that an order passed in execution under this section shall not be
subject to an appeal but shall be subject to revision by the Court to which
appeals ordinarily lie against the decisions of the said MunsifF.
15. Decisions which have become fiExcerpt shown. Open the full act in Lexace.