LexThe Kerala Buildings (Lease and Rent Control) Act 1965
Kerala · state statute
Open in Lexace · Ask the AI about this actTHE KERALA BUILDINGS (LEASE AND RENT CONTROL) ACT, 1965
(No. 2 of 1965)
CONTENTS
Preamble
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.
11A. Special provisions for the members of the Armed Forces.
12. Payment or deposit of rent during the pendency of proceedings 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 buildings and failure by landlord to make necessary repairs.
18. Appeal.
19. Costs.
20. Revision.
20A. Power to remand.
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 extracts 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.
THE KERALA BUILDINGS (LEASE AND RENT CONTROL) ACT, 1965 *
(No. 2 of 1965)
1[xxxx]
An Act to regulate the leasing of buildings and to control the rent of such buildings in
the State of Kerala.
2[Preamble.—WHEREAS it is expedient to regulate the leasing of buildings and
to control the rent of such building in the State of Kerala;
BE it enacted 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 in the State with effect from such date as may be 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;
(b) any furniture supplied 3[xxxx] by the landlord for use in such building
or hut or part of a building or hut,
* President’s Act enacted on the 4th day of July, 1965 and published in the Kerala Gazette Extraordinary
No.60 dated 7th July, 1965. (plz. See notification)
1. Omitted by Act 8 of 1968.
2. Substituted by Act 8 of 1968.
3. Omitted by Act 7 of 1966.
but does not include a room in a hotel or boarding-house ;
1[(c) any fittings or machinery belonging to the landlord, affixed to or
installed in such building or part of such building, and intended to be used by the
tenant for or in connection with the purpose for which such building or part of such
building is let or to be let.]
(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 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 receive 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 Court" means the Court constituted under section 3 ;
2[(6) "tenant " means any person by whom or on whose account rent is payable
for a building and includes—
(i) the heir or heirs of a deceased tenant, and
(ii) a person continuing in possession after the termination of the tenancy in
his favour, but does not include a Kudikidappukaran as defined in the Kerala Land
Reforms Act, 1963 (Kerala Act I 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 in a public
market, cart-stand or slaughter-house or of rents for shops has been farmed out or
leased by a Municipal Council, Municipal Corporation, Township Committee or
Panchayat;]
(7) "unconscionable rent" means any rent which is more than double the
maximum of the fair rent that could be fixed for a building under section 5.
3. Constitution of Rent Control Courts and appointment of Accommodation
Controllers.—(1) The Government may, by notification in the Gazette, appoint a
person who is or is qualified to be appointed, a Munsiff to be the Rent Control Court
for such local areas as may be specified therein.
1. Inserted by Act 7 of 1966.
2. Substituted by Act 7 of 1966.
(2) The Government may, by notification in the Gazette, appoint any Officer
not below the rank of a Tahsildar to be the Accommodation Controller for any area to
which this Act applies.
(3) The Accommodation Controller shall exercise his powers and perform his
functions subject to such general directions as the Government may issue.
4. Notice of vacancy .—(1) (a) Every landlord may within fifteen days before
completion and shall, within fifteen days after the construction or re-construction of a
building intended to be let out or after a building becomes vacant by his ceasing to
occupy it, or by the termination of a tenancy, or by release from requisition by the
Government or any other competent authority, give notice of the availability or
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 in respect of which
the landlord has obtained an order for possession on any of the grounds specified in
sub-section (3), clause (iv) of sub-section (4) and sub-sections (7) and (8) of section
11.
(b) Every notice given under clause (a) shall contain such particulars as
may be prescribed.
(2) If the tenant of a building puts another person in occupation thereof and
does not re-occupy it within a period of three months, then, on the expiry of such
period, the tenancy shall be deemed to have terminated and it shall be the duty of the
tenant, and also of 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 three months, apply to the
Accommodation Controller to re-occupy the building within a period of six months
and if such permission is granted, this sub-section shall have effect as if for the period
of three months specified therein, a period of six months were substituted.
Explanation.—This sub-section shall not apply where the building has been
sub-let by a tenant entitled to do so, after giving due notice to the Accommodation
Controller under sub-section (1) and in conformity with the provisions of this section.
(3) If, within fifteen days of the receipt by the Accommodation Controller of a
notice under sub-section (1) or sub-section (2), the Accommodation Controller does
not intimate to the landlord in writing that the building is required for the purpose of
the State or Central Government or of any local authority or of any public institution
or for the occupation of any officer of such Government, or local authority or for the
occupation of such class of non-officials as may be prescribed having regard to the
importance 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 or occupy it himself,
before the expiry of the period 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 persons specified in that sub-section.
(5) If the building is required for the purposes of the State or Central
Government or a local authority or any public institution or for the occupation of any
officer of such Government or local authority, or for occupation by any of the persons
specified in sub-section (3), the landlord shall deliver possession of the building to
the Accommodation Controller and the Government, the local authority or public
institution or officer or person shall be deemed to be the tenant of the landlord, with
retrospective 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 be agreed upon between the landlord and the tenant and in default of an
agreement, 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 rent as
may be determined in accordance with the provisions of this Act :
Provided further that a building used as a residential building, shall not be used
as a non-residential building or vice 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 in 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 occupation 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 in the occupation of any member of his family or
of any dependant of the landlord ; or
(ii) whether he requires any such building for the occupation 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 (ii) 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.
(f) 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 notice had been given by the landlord 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 preferred to the District Collector against that order within that period, as if
notice had been given as aforesaid by the landlord on the date of the order passed on
the appeal.
(g) The Accommodation Controller shall allot the building vested in 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 behalf may
summarily dispossess—
(i) any landlord, tenant or other person 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),
(ii) 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 refused permission for the
occupation of a building under clause (c) 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 officer, 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 provisions of this Act for
the period of his or its occupation or possession thereof as described in that
clause; and
(ii) 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 which the rent does 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, association 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. Determination of fair rent.—(1) The Rent Control Court shall, 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 consideration 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—
(i) any residential building, or
(ii) any non-residential building, excepting a building 1[to which fittings
have been affixed or in which machinery have been installed and such fittings or
machinery have been excluded] from valuation for the purpose of fixing the
property tax or house tax by a local authority,
2[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, prevailing two years immediately before the date of the
application, was fixed, or if the building was not assessed to property tax or house tax
before the said period of two years, the monthly rent on the basis of which the
property tax or house tax prevailing immediately before the date of the application
was 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 Accommodation
Controller, he may, provisionally fix the fair rent for 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 building, in respect of which the fair
rent has been fixed, is situated. The local authority on receipt 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 register 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
1. Substituted by Act 7 of 1966.
2. Substituted by Act 7 of 1966.
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 completed :
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.
(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 :
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 (ii) save as
provided in section 6 or section 7, anything in excess of such fair rent :
Provided that the landlord may receive, or stipulate for the payment 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 person 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 immediately before the institution of
any proceedings for such determination.
(2)Where the fair rent of a building has not been determined under section 5—
(a) notwithstanding anything contained in any contract, the rent payable for
the building in case it is a building falling under clause (i) or clause (ii) of the
proviso to sub-section (2) of section 5 shall be, where the property 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 whichever is less, and in cases where no property tax or house tax
has been fixed for the building or where it has been fixed not on a rental basis,
the agreed rent ;
(b) the landlord shall not, claim, receive or stipulate for the payment of, any
premium or other like sum in addition to the rent payable under clause (a) for a
building falling under clause (i) or clause (ii) 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 payment 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 (ii) 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 be 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.
Explanation.—It shall he 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 the 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 sub-section (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 in 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 competent 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 forthwith 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 establishing 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 in 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 Government or other public authority
notified under this Act:
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, notwithstanding
that the Court finds that such denial does not involve forfeiture of the lease or that the
claim is unfounded.
(2)(a) A landlord who seeks to evict his tenant shall apply to the Rent Control
Court for a direction in that behalf.
(b) If the Rent Control Court, 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 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, 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.
1[(c)The order of the Rent Control Court directing the tenant to put the
landlord in possession of the building shall not be executed before the expiry of one
month from the date of such order or such further period as the Rent Control Court
may in its discretion allow; and if the tenant deposits the arrears of rent with interest
and cost of proceedings within the said period of one month or such further period, as
the case may be, 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 building 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 possession 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 in the locality for such person to
carry on such trade or business:
Provided further that no landlord whose right to recover possession 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:
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 in 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.
1. Substituted by Act 7 of 1966.
(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; 1[xxxx]
2[Provided that an application under this clause shall not be made for the
first time in respect of one and the same tenancy unless the landlord has sent
a registered notice to the tenant intimating the contravention of the said
condition of the lease and the tenant has failed to terminate the transfer or the
sub-lease, as the case may be, within thirty days of the receipt of the notice or
the refusal thereof].
3[Explanation.—Where on the partition of a joint family or of the rights of
co-tenants, or on the dissolution of a firm, the right of the joint family or the
co-tenants or the firm under a lease is vested in a member of the joint family,
or a co-tenant or a partner, as the case may be, whether by act of parties or
otherwise, no transfer by the tenant of his right under the lease shall be
deemed to have taken place within the meaning of this clause; or]
(ii) if the tenant uses the building in such a manner as to destroy or reduce
its value or utility materially and permanently; or
(iii) if the tenant already has in his possession a building or subsequently
acquires possession of or puts up a building, reasonably sufficient for his
requirements in the same city, town or village; or
(iv) if the building is in such a condition that it needs reconstruction and
if the landlord requires bona fide to reconstruct the same and if he satisfies
the Court that he has the plan and license, if any required, and the ability to
rebuild and if the proposal is not made as a pretext for eviction:
Provided that the landlord who evicts a tenant and does 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
1. Omitted by Act 7 of 1966.
2. Inserted by Act 2 of 1973.
3. Inserted by Act 7 of 1966.
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
(v) 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.
(6) A tenant whose building has been renovated under sub-section (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 sub-section (8), the Rent
Control Court shall reject the application if it is satisfied that the hardship which may
be caused to the tenant by granting 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
(ii) 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 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 apply 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 that
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 sub-section 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 application made by a
landlord for the eviction of a tenant is 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 landlord
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 in 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 bona fide occupation of the landlord or of the occupation by
any member of his 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 of 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 situate shall be excluded.
1[11A. Special provisions for the members of the Armed Forces.—Notwithstand-
ing anything contained in section 11, in the case of a residential building where the
landlord is a member of the Armed Forces of the Union of India, and the building is
required for the occupation of himself on his release from service, and he makes an
application for eviction of the tenant to the Rent Control Court, or where on the
occurrence of death in action of a member of the Armed Forces, a member of his
family requires recovery of possession of the building for his own residence or where
on the posting of a member of the Armed Forces to serve under special conditions, a
member of his family requires recovery of possession of the building for his own
residence and an application is made to the Rent Control Court for eviction of the
tenant, the Rent Control Court shall dispose of the same, as far as may be, within one
month, and if the claim of the landlord or member of his family is accepted, the court
shall make an order directing the tenant to put the landlord or the member of his
family, as the case may be, in possession of the building on a date to be specified in
the order, and such date shall not be later than fifteen days from the date of the order:
Provided that an application under this section for recovery of the possession of
a building on the ground that the landlord is serving under special conditions of
1. Inserted by Act 16 of 1974.
service shall not be entertained by the Rent Control Court unless the same is
accompanied by a certificate of the prescribed authority referred to in section 7 of the
Indian Soldiers (Litigation) Act, 1925 (Central Act 4 of 1925) that the landlord is
serving under special conditions within the meaning of section 3 of the said Act.
Explanation.—For the purpose of this section, “family” shall mean such
relations of the landlord as ordinarily live with him and are dependent on him.]
12. Payment or deposit of rent during the pendency of proceedings for eviction.—(1)
No tenant against whom an application for eviction has been made by a landlord
under section 11, shall be entitled to contest 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 deposit, and continues to pay or to deposit any
rent which may subsequently 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 prescriExcerpt shown. Open the full act in Lexace.