LexThe Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA BUILDINGS (LEASE, RENT AND EVICTION)
CONTROL ACT, 1960.
(ACT No. XV OF 1960.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and application.
2. Definitions.
3. Notice of vacancy.
4. Determination of fair rent.
5. Increase in fair rent in what cases admissible.
6. Increase of rent in certain cases.
7. Landlord not to claim or receive any thing in
excess of fair rent or agreed rent.
8. Right of tenant paying rent or advance to receipt.
9. Right of tenant to deposit rent in certain cases.
10. Eviction of tenants.
10-A. Right to recover immediate possession of
premises to accrue to members of the armed
forces etc.
10-B. Right to recover immediate possession to accrue
to employee of State or Central Government.
10-C. Right to recover immediate possession of
premises to accrue to a widow.
11. Payment or deposit of rent during the pendency of
proceedings for eviction.
12. Recovery of possession by landlord for repairs,
alterations or additions or for reconstruction.
2 [Act No. XV of 1960]
13. Recovery of possession by landlord for repairs,
alterations or additions or for reconstruction of
building in respect of which the Government shall
be deemed to be the tenant.
14. Landlord not to interfere with amenities enjoyed by
the tenant.
15. Execution of orders.
16. Decisions which have become final not to be
reopened.
17. Orders of Controller, appellate and revisional
authority to be pronounced in open court.
18. Conversion into non-residential building.
19. Failure by landlord to make necessary repairs.
20. Appeal.
21. Costs.
22. Revision.
23. Order under this Act to be binding on sub-tenants.
24. Proceedings by or against legal representatives.
25. Summons to witnesses.
26. Exemptions.
27. Executive authorities of local bodies to furnish
certified extracts from property tax assessment
books.
28. Landlord and tenant to furnish particulars.
29. Penalties.
30. Power to make rules.
31. Power to enter and inspect premises.
32. Act not apply to certain buildings.
[Act No. XV of 1960] 3
33. Repeals and savings.
34. Indemnity for acts done under this Act.
35. Power to remove difficulties.
THE TELANGANA BUILDINGS (LEASE, RENT AND
EVICTION) CONTROL ACT, 1960.1
ACT No. XV OF 1960.
1. (1) This Act may be called the 2Telangana Buildings
(Lease, Rent and Eviction) Control Act, 1960.
(2) (a) This Act, except sub-section (2) of section 3, shall
apply to the cities of Hyderabad and Secunderabad ,
3[Visakhapatnam and Vijayawada] Municipal Corporations
4[and to all municipal corporations and municipalities in the
State of 2Telangana].
(b) s ub-section (2) of section 3, shall apply to the
cities of Hyderabad and Secunderabad, 3[Visakhapatnam
and Vijayawada ] and 4[to any municipal corporation or
municipality in the State of 2Telangana], if the State
Government, by notification in the Telangana Gazette so
direct.
(c) t he State Government may, by notification in the
Telangana Gazette, apply all or any of the provisions of this
Act except sub -section (2) of section 3 to any other area in
the State of Telangana with effect from such date as may be
specified in the notification, and may cancel or modify any
such notification.
1. The Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act,
1960 in force in the combined State, as on 02.06.2014, has been
adapted to the State of Telangana, under section 101 of the Andhra
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the
Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45,
Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Inserted by Act No.22 of 1985.
4. Substituted by Act No.27 of 1997.
Short title and
application.
2 [Act No.XV of 1960]
2. In this Act, unless the context otherwise requires-
(i) „Andhra area‟ means the territories which immediately
before the 1st Nov ember 1956, were comprised in th e State
of Andhra;
(ii) „authorised officer ‟ means any officer authorised by
the Government under sub-section (1) of section 3;
(iii) „building‟ means any house or hut or part of a house
or hut, let or to be let separately for residential or non -
residential purposes and includes-
(a) the gardens, grounds, garages and out -houses, if
any, appurtenant to such house, hut or part of such house
or h ut and let or to be let along with such house or hut or
part of such house or hut;
(b) any furniture supplied or any fittings aff ixed by the
landlord for use in such house or hut or part of a house or
hut;
but does not include a room in a hotel or boarding house;
(iv) „Controller‟ means any person not below the rank of
a Tahsildar appointed by the Governmen t to perform the
functions of a Controller under this Act;
(v) „Government‟ means the State Government;
(vi) „landlord‟ means the owner of a building and
includes a person who is receiving or is entitled to receive
the rent of a building whether on his own account or on
behalf of another per son or on behalf of himself and others
or as an agent, trustee, executor, administr ator, receiver or
guardian or who would so receive the rent or be entitled to
receive the rent; if the building were let a tenant;
Definitions.
[Act No. XV of 1960] 3
Explanation.- A tenant who sub -lets a building shall be
deemed to be a landlord within the meaning of this Act in
relation to the sub-tenant;
(vii) „prescribed‟ means prescribed by rules made under
this Act;
(viii) „Telangana area ‟ means the territories spe cified in
sub-section (1) of section 3.of the States Reorganization Act,
1956 (Central Act 37 of 1956);
(ix) „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 person placed in occupation of a
building, by its tenant or a person to whom the collection of
rents or fees in a public m arket, cart -stand or slaughter -
house or of rents for shops has been framed out or leased
by a local authority.
3. (1) (a) Every landlord shall, within ten days after the
building becomes vacant by his ceasing to occupy it, or by
the termination of a tenancy, or by the eviction of the tenant
or by release from requisition or otherwise, give notice of the
vacancy in writing to the officer authorised in that behalf by
the Government.
Explanation.- A landlord who, having obtained
possession of a building under sub-section (3) of section 10
lets the whole or part of it to a tenant shall be deemed to
have failed to give notice under this section.
Notice of vacancy.
4 [Act No.XV of 1960]
(b) Every notice given under clause (a) shall contain
such particulars as may be prescribed.
(2) 5[In any Municipal Corporation or in any Municipality]
(including the cities of Hyderabad and Secunderabad ,
6[Visakhapatnam and Vijayawada]) to which this sub-section
has been applied under clause (b) of sub -section (2) of
section 1, where 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 als o of the landlord if
he is aware of such terminaiion, to give notice thereof in
writing to the authorised officer within seven days of such
termination:
Provided that where the tenant obtains written
permission from the authorised officer to re -occupy th e
building within a period of six months, 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 authorised officer under s ub-section
(1) and in conformity with the provisions of this section.
(3) If, within fifteen days of the receipt by the authorised
officer of a notice under s ub-section (1) or sub -section (2),
the Government or the authorised officer does not intimate
to the landlord in writing that the building is required for the
purposes of the State Government or the Central
Government or of any local authority or of any pu blic
institution under the control of any such Government or for
5. Inserted by Act No.27 of 1997.
6. Inserted by Act No.22 of 1985.
[Act No. XV of 1960] 5
the occupation of any officer of such Government, the
landlord shall be at liberty to let the building to any tenant or
to occupy it himself.
(4) (a) The authorised officer may, on receipt of an
application from the landlord, or on receipt of a direction
from the Government in pursuance of an application made
to them by the landlord, release a building for the
occupation of the landlord.
(b) A landlord who has obtained possession of a
building in pursuance of an order under clause (a) shall
occupy it himself and if he does not himself occupy it but
proposes either to let out or keep vacant the whole or any
part of the building for a period exceeding that permitted by
the authorised officer by order in writing, he shall give notice
as required under sub -section (1) as if the building has
fallen vacant.
(c) Where a landlord fails to give intimation to the
authorised officer as required under clause (b), the
Government or the authorised officer shall have power, if the
building is required for any of the purposes, or for
occupation by any of the officers specified in sub -section
(3), to give intimation to the landlord that the building is so
required and thereupon the provisions of sub -sections (6)
and (8) shall apply to the building.
(5) 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 officers, speci -
fied in that sub-section.
6 [Act No.XV of 1960]
(6) If the building is r equired for any of the purposes or
for occupation by any of the officers specified in sub -section
(3), the landlord shall deliver possession of the building to
the authorised officer or to the allottee, named by the
authorised officer, as the case may be, and the Government
shall be deemed to be the tenant of the landlord, with
retrospective effect from the date on which the authoris ed
officer 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 by the Controller:
Provided that-
(i) where the landlord fails to deliver possession of
the building to the authorised officer, within forty -eight hours
of the receipt of the intimation that the building is required
for any of the purposes, or for occupation by an y of the
officers specified in sub -section (3) or within such further
time as the authorised officer may by order in writing allow,
the Government shall be deemed to be the tenant of the
landlord only from the date on which he delivers
possession;
(ii) where owing to any ommission or act or
obstructive or preventive tactics on the part of the landlord
there has been delay in coming to a decision whether or not
the building is required for any of the purposes, or for
occupation by any of the officers spec ified in sub -section
(3), the Government shall be deemed to be the tenant of the
landlord only from such later date as may be fixed by the
authorised officer having regard to the circumstances of
each case;
(iii) the rent payable shall be the fair rent, if any, fixed
for the building under the provisions of this Act; and if no fair
[Act No. XV of 1960] 7
rent has been so fixed, such reasonable rent as the
authorised officer may determine;
(iv) the reasonable rent fixed by the au thorised officer
under the foregoing proviso shall be subject to such fair rent
as may be determined by the Controller;
(v) if the building is a residential building, it shall not
be converted into a non -residential building unless the
premission in wri ting of the Controller is obtained under
section 18;
(vi) no structural alterations shall be made in the
building, unless the consent of the landlord is also obtained
therefor.
(7) In cases not falling under sub -section (6) where the
landlord, without having occupied the building himself, lets it
to any tenant after a notice is given to the authorised officer
under sub -section (1) or sub -section (2), the tenancy shall
be deemed to have been ante -dated by the number of days
during which the landlord was prohibited from letting the
building to any tenant by virtue of sub -section (5) and the
tenant shall be liable to pay for those days also.
(8) (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 to the Government
possession of any building in respect of which they are
deemed to be the tenant by virtue of this section, or
(ii) any officer, local authority or public institution
continuing to occupy, or failing to deliver possession of, any
building in respect of which the Government are deemed to
8 [Act No.XV of 1960]
be the tenant by virtue of this section, 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.
Explanation.- The provisions of this clause shall apply
also to cases which, arose before the date of the
commencement of this Act.
(b) If free access to the building is not afforded to the
officer empowered under clause (a) he may 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 ef fecting 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 Goverment-
(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.
(9) Nothing in this section shall apply—
(a) to a residential building the monthly rent of which
does not exceed twenty-five rupees; or
(b) to a non -residential building the monthly rent of
which, does not exceed fifty rupees; or
[Act No. XV of 1960] 9
(c) to any building or buildings in the same city, town
or village 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.
4. (1) The Controller shal l, on application by the tenant or
landlord of a building fix the fair rent for such building after
holding such inquiry as the Controller thinks fit.
(2) In fixing the fair rent under this section the Controller
shall have due regard-
(a) to the prevailing rates of rent in the locality for the
same or similar accommodation in similar circumstances
during the twelve months prior to the 5th April 1944;
(b) to the rental value as entered in the property tax
assessment book of the concerned local authority relating to
the period mentioned in clause (a);
(c) to the circumstances of the case, including any
amount paid by the tenant by way of premiu m or any other
like sum in addition to rent after the 5th April 1944;
(3) In fixing the fair rent of residential buil dings, the
Controller may allow-
(i) if the rate of rent or rental value referred to in sub -
section (2) does not exceed twenty-five rupees per mensem,
an increase not exceeding 12 ½ per cent on such rate or
rental value;
(ii) if the rate of ren t or rental value exceeds twenty -
five rupees per mensem but does not exceed fifty rupees
per mensem, an increase not exceeding 18 ¾ per cent on
such rate or rental value;
Determination of
fair rent.
10 [Act No.XV of 1960]
(iii) if the rate of rent or rental value exceeds fifty
rupees per mensem, an increase not exceeding 37½ per
cent on such rate or rental value:
Provided that in the case of a residential building
which has been constructed after the 5th April 1944, the
percentage of increase shall not exceed 37½, 56¼ and 75
respectively.
(4) In fixing the fair rent of non -residential building, the
Controller may allow-
(i) if the rate of rent or rental value referred to in sub -
section ( 2) does not exceed fifty rupees per mensem an
increase not exceeding 56 ¼ per cent on such rate or rental
value;
(ii) if the rate of rent or rental value exceeds fifty
rupees per mensem, an increase not exceeding 75 per cent
on such rate or rental value:
Provided that in the case of a non -residential building
which has been constructed after the 5th Aprll 1944, the
percentage of increase shall not exceed 75 and 150
respectively.
(5) In the case of a building for which the fair rent has
been fixed before the commencement of this Act, the
Controller shall, on the application of the landlord, allow
such increase in the fair rent as in the opinion of the
Controller the landlord is entitled to under this section.
5. (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 addition,
improvemment or alteration has been carried out at the
Increase in fair
rent in what cases
admissible.
[Act No. XV of 1960] 11
landlord‟s expense and if the building is then in the
occupation of a tenant, at his request:
Provided that the increase shall be calculated at a rate
per annum not exceeding six per cent of the cost of such
addition, improvement or alteration carried out and the f air
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 addition, improvement or
alteration:
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 Controller.
(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:
Provided that any dispute between the landlord and the
tenant in regard to any reduction so claimed shall be
decided by the Controller.
6. (1) Where the amount of taxes and cesses payable by
the landlord in respect of any building to a local authority is
enhanced after the fixation of the fair rent under section 4
the landlord shall be entitled to claim half of such excess
from the tenant in addition to t he rent payable for the
building under this Act:
Provided that such excess shall not be recoverable in so
far as it has resulted from an increase of rent in respect of
the building.
Increase of rent in
certain cases.
12 [Act No.XV of 1960]
(2) Any dispute between the landlord and the tenant in
regard to any i ncrease claimed under sub -section (1) shall
be decided by the Controller.
7. (1) Where the Controller has fixed 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 5 or
section 6, anything in excess of such fair rent:
Provided that the landlord may receive, or stip ulate
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 commen cement of
this Act, in consideration of the grant, continuance or
renewal of the tenanc y 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 six months prior to the date of application by the
tenant or the landlord under sub -section (1) of section 4 for
fixing the fair rent.
(2) Where the fair rent of a b uilding has not been so
fixed—
Landlord not to
claim or receive
any thing in
excess of fair rent
or agreed rent.
[Act No. XV of 1960] 13
(a) the landlord shall not, after the commencement of
this Act claim, receive or stipulate for the payment of any
premium or other like sum in addition to the agreed 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 sum paid in
excess of the agreed rent whether before or after the
commencement of this Act, i n 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.
(3) Any stipulation in contravention of sub -section (1) or
sub-section (2) shall be null and void.
8. (1) Every tenant who makes a payment on account of
rent or advance shall be entitled to obtain a receipt 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, 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 shall be one situated in the
city, to wn or village in which the building is situated or if
there is no such bank in such cit y, town or village within
three miles of the limits thereof.
Right of tenant
paying rent or
advance to
receipt.
14 [Act No.XV of 1960]
Explanation.- It 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 i t any rent which may subsequently become
due in respect of the building.
(4) If the landlord d oes not specify a bank as afore said,
the tenant shall remit the rent to the landlord by money
order, after deducting the money order commissi on 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 acc ordance with the
provisions of sub-section (2).
(5) If the landlord re fuses to receive the rent remit ted by
money order under sub -section (4), the tenant may deposit
the rent 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, before
the same authority and in the same manner; and the
amount deposited may, subject to such conditions as may
be prescribed, be withdrawn by the person held by the
controller, to be entitled to the amount on application made
by such person to the controller in that behalf.
9. (1) Where the address of the landlord or his authorised
agent is not known to the tenant, he may d eposit the rent
lawfully payable to the landlord in respect of the building,
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, before
Right of tenant to
deposit rent in
certain cases.
[Act No. XV of 1960] 15
the same autho rity and in the same manner until the
address of the landlord or his authorised agent becomes
known to the tenant.
(2) The amount deposited under sub -section (1) may,
subject to such conditions as may be prescribed, be
withdrawn by the person held by the controller to be entitled
to the amount on application made by such person to the
Controller in that behalf.
(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
Controller 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 Controller makes an order under clause (b) of sub -
section (4), as the case may be.
(4) (a) The Controller 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 aforesa id, the
deposit be held by the authority concerned.
(b) If the Controller is not so satisfied, he shall
forthwith order payment of the amount deposited to the
landlord.
(5) Where the Controller 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,
16 [Act No.XV of 1960]
or in case the doubt or disp ute is removed by a settlement
between the parties, only by the person who is held by the
Controller to be entitled to the amount or amounts in
accordance with such settlement.
10. (1) A tenant shall not be evicted whether in e xecution of
a decree or otherwise except in accordance with the
provisions of this section or sections 12 and 13:
Provided that where the tenant denies the title of the
landlord or claims right of permanent tenancy, the Controller
shall decide whether th e denial or claim is bona fide and if
he records a finding to that effect, the landlord shall be
entitied to sue for eviction of the tenant in a Civil Court and
the Court may pass a decree for eviction on any of the
grounds mentioned in the said sections, notwithstanding
that the Court finds that such denial does not involve
forfeiture of the lease or that the claim is unfounded.
(2) A landlord who seeks to evict his tenant 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 application, is satisfied-
(i) 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, or
(ii) that the tenant has, in the Andhra area, after the
23rd October, 1945, and in the Telangana area after
commencement of the Hyderabad Houses Rent Control
Order of 1353 Fasli, without the written consent of the
landlord-
Eviction of
tenants.
[Act No. XV of 1960] 17
(a) transferred his right under the lease or sub -let
the entire building or any portion thereof if the lease does
not confer on him any right to do so, or
(b) used the building for a purpose other than that
for which it was leased, or
(iii) that the tenant has committed such acts of waste
as are likely to impair materially the value or utility of the
building, or
(iv) that the tenant has been guilty of such acts and
conduct which are a nuisance to the occupiers of other
portions in the same building or of buildings in the
neighbourhood, or
(v) that the tenant has secured alternative building or
ceased to o ccupy the building for a, continuous period of
four months without reasonable cause, or
(vi) that the tenant has denied the title of the landlord
or claimed a right of permanent tenancy and that such
denial or claim was not bona fide,
the Controller shall make an order directing the tenant to put
the landlord in possession of the bu ilding and if the
Controller is not so satisfied, he shall make an order
rejecting the application:
Provided that in any case falling under clause (i), if the
Controller is satisfied that the tenant ‟s default to pay or
tender rent was not wilful, he may notwithstanding anything
in section 11, give the tenant a reasonable time, not
exceeding fifteen days, to pay or tender the rent due by bim
to the landlord up to the date of such payment or tender and
on such payment or tender, the application shall be
rejected.
18 [Act No.XV of 1960]
(3) (a) A landlord may, subject to the provisions of
clause (d), apply to the Controller for an order directing the
tenant to put the landlord in possession of the building-
(i) in case it is a residential building—
(a) if the landlord is not occupying a residential
building of his own in the city, town or village concerned
and he requires it for his own occupation;
(b) if the land lord who has more buildings than
one in the city, town or village concerned is in occupation of
one such building and he bona fide requires another
building instead, for his own occupation;
(ii) in case it is a non -residential building which is
used for the purpose of keeping a vehicle or adapted for
such use, if the landlord requires it for his own use and if he
is not occupying any such building in the city, town or
village concerned which is his own or the possession of
which he is entitled whether under this Act or otherwise;
(iii) in case it is any other non -residential building, if
the landlord is not occupying a non -residential building in
the city, town or village concerned which is his own or to the
possession of which he is entitled wheth er under this Act or
otherwise-
(a) for the purpose of a business which he is
carrying on, on the date of the application, or
(b) for the purpose of a business which in the
opinion of the Controller, the landlord bona fide proposes to
commence:
Provided that a person who becomes a landlord
after the commencement of the tenancy by an instrument
[Act No. XV of 1960] 19
inter vivos shall not be entitled to apply under this clause
before the expiry of three months from the date on which the
instrument was registered:
Provided further that where a landlord has
obtained possession of a building under this clause he shall
not be entitled to apply again under this clause—
(i) in c ase he has obtained possession o f a
residential building, for possession of another re sidential
building of his own;
(ii) in case he has obtained possession of a non -
residential building, for possession of another non -
residential building of his own.
(b) Where the landlord of a building, whether
residential or non -residential, is a religious, charitable,
educational or other public institution, it may, if the building
is required for the purposes of the institution, apply to the
Controller, subject to the provisions of clause (d), for an
order directing the tenant to put the institut ion in possession
of the building.
(c) A l andlord who is occupying only a part of a
building whether residential or non -residential, may, not
withstanding anything in clause (a), apply to the Controller
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 residential purposes or for the purpose
of a, business, which he is carrying on, as the case may be.
(d) Wher e the tenancy is for 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.
20 [Act No.XV of 1960]
(e) The Controller shall, if he is satisfied that the claim
of t he landlord 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 Controller and if the
Controller is not so satisfied, he shall make an order
rejecting the application:
Provided that, in the case of an application under
clause (c), the Controller shall reject the application if he is
satisfied that the hardship which may be caused to the
tenant by granting it will outweigh the advantage to the
landlord:
Provided furth er that the C ontroller 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.
(4) No order for eviction shall be passed under sub -
section (3) —
(i) against any tenant who is engaged in any
employment or class of employment notified by the
Government as an essential service for the purposes of this
sub-section unless the landlord is himself engaged in any
employment or class of employment wh ich has been so
notified; or
(ii) in respect of any building which has been left for
use as an educational institution and is actually being used
as such; provided that the institution has been recognized
by the Government or any authority empowered by them in
this behalf, so long as such recognition continues.
(5) (a) Where a landlord who has obtained possession
of a building in pursuance of an order under sub -section (3)
does not himself occupy it and for the purpose specified in
[Act No. XV of 1960] 21
the order 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 Controller for an
order directing that he shall be restored to possession of the
building and the Controller shall make an order accordingly
notwithstanding anything in section 3.
(b) Where a tenant who is entitled to apply for
possession under clause (a) fails to do so within one month
from the date on which the right t o make the application
accrued to him, the Government or the authorised officer
shall have power, if the building is required for any of the
purposes, or for occupation by any of the officers 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 (6) and (8) of section 3 shall
apply to the building:
Provided that this clause shall not apply to a
residential building the monthly rent of which does not
exceed twenty -five rupees or to a non -residential building
the monthly rent of which does not exceed fifty rupees.
(6) Where the Controller is satisfied that any application
made by a landlord for the eviction of a tenant is frivolous or
vexatious, the C ontroller may direct that compensation, not
exceeding fifty rupees be paid by such landlord to the
tenant.
(7) Where an application under sub -section (2) or sub -
section (3) for evicting a tenant has been rejected by the
Controller, 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
sub-section (2) or sub-section (3).
22 [Act No.XV of 1960]
(8) Notwithstanding anything 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.
7[10-A.(1) Where the landlord,-
(a) is a released or retired person from any armed
forces and the premises let out by him, spouse or his
dependent son or daughter are required for his own use; or
(b) is dependa nt of a member of any armed forces
who had been killed in action and the premises let out by
such member are required for the use of the family of such
member, such person, his spouse or his depend ant son or
daughter, as the case may be, may within one year from the
date of his release or retirement from such armed forces or,
as the case may be the date of death of such member, or
within a period of one year from the date of commencement
of this Act , whichever is later, apply to the Court for
recovering the immediate possession of such premises.
(2) Where the landlord is a member of any of the armed
forces and has a period of less than one year preceding the
date of his retirement and the premises let out by him, his
spouse or his dependa nt son or daughter are required for
his own use after his retirement, he may, at any time, within
a period of one year before the date of his retirement, apply
to the Court for recovering immediate possession of such
premises.
(3) Where the landlord referred to in sub -section (1) or
sub-section (2) has let out more than one premises, it shall
7. Sections 10 -A, 10-B and 10 -C with marginal headings, added by Act
No.17 of 2005.
Right to recover
immediate
possession of
premises to
accrue to
members of the
armed forces etc.
[Act No. XV of 1960] 23
be open to him, his spouse or his depend ant son or
daughter to make an application under that sub -section in
respect of only one of the premises chosen by him.
Explanation: For the purpose of this section, “armed
forces” means an armed force of the Union constituted
under an Act of Parliament and includes a member of the
police force as defined under the 8Telangana Members of
Police Force (Regulation of Transfers) Act, 1985.
10-B. (1) Where the landlord is a retired employee of the
State or Central Government, and the premises let out b y
him, his spouse or his dependa nt son or daughter are
required for his own use, such employee may, within one
year from the date of his retirement or within a period of one
year from the date of commencement of this Act, whicheve r
is later, apply to the Court for recovering immediate
possession of such premises.
(2) Where the landlord is an employee of the State or
Central Government and has a period of less than one year
preceding the date of his retirment and the premises let out
by him, his spouse or his dependa nt son or daughter are
required by him for his own use after his retirement, he may,
at any time within a period of one year before the date of his
retirement, apply to the Court for recovering immediate
possession of such premises.
(3) Where the landlord, his spouse or his dependant son
or daughter referre d to in sub -section (1) or sub -section (2)
has let out more than one premises, it shall be open t o him,
his spouse or his dependa nt son or daughter, as the case
may be, to make an application under that sub -section in
respect of only one of the premises chosen by him.
8. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Right to recover
immediate
possession to
accrue to
employee of State
or Central
Government.
Act 9 of 1985
24 [Act No.XV of 1960]
10-C. (1) Where the landlord is,-
(a) a widow and the premises let out by her, or by her
husband;
(b) a handicapped person and the premises let out
by him;
(c) a person who is of the age of sixty -five years or
more and the premises let out by him, or her;
is required for use by him or her or for his or her family or for
any one ordinarily living with him or her as the case may be
for use he or she may apply to the Court for recovery of
immediate possession of such premises.
(2) Where the landlord referred to in sub -section (1) has
let out more than one premises, it shall be open to him to
make an application under that sub-section in respect of any
one reisdential and one non -residential premises each
chosen by him.
Explanation-I:- For the purposes of this section,
“handicapped person ” shall mean a person who is as if
being an assessee entitled for the time being to the benefits
of deduction under section 80 -U of the Income -tax Act,
1961.
Explanation-II:- The right to recover possession under
this section shall be exercisable only once in respect of
each for residential and for non-residential use.]
11. (1) No tenant against whom an application for eviction
has been made by a landlord under section 10, shall be
entitled to contest the application before the Controller
under that section, or to prefer any appeal under s ection 20
against any order made by the Controller on the a pplication,
Right to recover
immediate
possession of
premises to
accrue to a
widow.
Central Act 48 of 1961.
Payment or
deposit of rent
during the
pendency of
proceedings for
eviction.
[Act No. XV of 1960] 25
unless he has paid to the landlord, or deposits with the
Controller or the appellate authority, as the case may be, all
arrears of rent due in respect of the building up to the date
of payment or deposit and continues to pay or deposit any
rent which may subsequently become due in respect of the
building, until the termination of the proceedings before the
Controller or the appellate authority, as the case may be.
(2) The deposit of rent under sub -section (1) shall be
made within the time and in the manner prescribed.
(3) Where there is any dispute as to the amount of rent
to be paid or deposited under sub-section (1), the Controller
or the appellate authority, as the case may be, shall on
application made to him either by the tenant or by th e
landlord, and after making such inquiry as he deems
necessary, determine summarily the rent to be so paid or
deposited.
(4) If any tenant fails to pay or to deposit the rent as
aforesaid, the Controller 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 possesion of
the building.
(5) The amount deposited under sub -section (1) may,
subject to such cond itions as may be prescribed, be
withdrawn by the landlord on application made by him in
that behalf to the Controller or the appellate authority, as the
case may be.
12. (1) Notwithstanding anything in this Ac t, on an
application made by a l andlord, the Controller may, if he is
satisfied-
Recovery of
possession by
landlord for
repairs, alterations
or additions or for
reconstruction.
26 [Act No.XV of 1960]
(a) that the building is reasonably and bona fide -
required by the landlord for carrying out repairs, alterations
or additions which cannot be carried out without the
building being vacated; or
(b) that the building consists of not more than two
floors and is reasonably and bona fide required by the
landlord for the immediate purpose of demolishing it and
such demolition is to bExcerpt shown. Open the full act in Lexace.