Chapter V EVICTION AND RECOVERY OF POSSESSION OF PREMISES BY LANDLORD

1. (1) A tenant shall not be evicted during the continuance of tenancy agreement unless otherwise agreed to in writing by the landlord and tenant, except in accordance with the provisions of sub-section (2) or in accordance with the provisions of section 22.
2. (2) The Rent Court may, on an application made to it by the landlord in such manner as may be prescribed, make an order for eviction and recovery of possession of the premises on one or more of the following grounds, namely:—
   • (a) that the tenant does not agree to pay the rent payable under sub-section (1) of section 8;
   • (b) that the tenant has not paid the arrears of rent and other charges payable in full as specified in sub-section (1) of section 13 for two consecutive months, including interest for delayed payment as may be specified in the tenancy agreement within a period of one month from the date of service of notice of demand, for payment of such arrears of rent and other charges payable to the landlord, in the manner provided in sub-section (4) of section 106 of the Transfer of Property Act,1882;
   • (c) that the tenant has, after the commencement of this Regulation, parted with the possession of whole or any part of the premises without obtaining the written consent of the landlord;
   • (d) that the tenant has continued to misuse the premises even after receipt of notice from the landlord to desist from such misuse;
   • (e) where it is necessary for the landlord to carry out any repair or construction or rebuilding or addition or alteration or demolition in respect of the premises or any part thereof, which is not possible to be carried out without the premises being vacated: Provided that after such repair, construction, rebuilding, addition or alteration, the tenant may be allowed to reoccupy the premises only when it has been mutually agreed to between the landlord and the tenant and a new tenancy agreement has been submitted with the Rent Authority and if the term of such agreement exceeds eleven months, then such agreement shall be registered under the provisions of the Registration Act, 1908: Provided further that the tenant shall not be allowed to reoccupy the premises,—
     • (i) in the absence of submission of such mutual tenancy agreement with the Rent Authority; and
     • (ii) in cases where the tenant has been evicted under the orders of a Rent Court;
   • (f) that the premises or any part thereof is required by the landlord for carrying out any repairs, construction, rebuilding, additions, alterations or demolition, for change of its use as a consequence of change of land use by the competent authority;
   • (g) that the tenant has given written notice to vacate the premises let out on rent and in consequence of that notice, the landlord has contracted to sell the said premises or has taken any other step, as a result of which his interests would seriously suffer if he is not put in possession of that premises; and
   • (h) that the tenant has carried out any structural change or erected any permanent structure in the premises let out on rent without the written consent of the landlord.
3. (3) No order for eviction of the tenant on account of failure to pay the rent specified in clause (b) of sub-section (2) shall be made, if the tenant makes payment to the landlord or deposits with the Rent Court the arrears of rent and other charges payable, if any, including interest within one month from the date of service of the said demand notice upon him.
4. (4) Where the tenant fails to pay rent consecutively for two months subsequent to the grant of the relief specified in sub-section (3) in any one year, then the tenant shall not be entitled to such relief again.
5. (5) In any proceedings for eviction under clause (e) of sub-section (2), the Rent Court may allow eviction from only a part of the premises, if the landlord agrees for the same.
6. (6) For the purposes of this section, the expressions,—
   • (i) "competent authority" means any Authority which provides permission on matters relating to repair or redevelopment or demolition of building or permission for change in land use; and
   • (ii) "misuse the premises" means encroachment of additional space by the tenant or use of premises which causes public nuisance or causes damage to the property or is detrimental to the interest of the landlord or for immoral or illegal purposes.

1. (1) Notwithstanding anything contained in this Regulation or any other law for the time being in force in the Union territory of Andaman and Nicobar Islands, in case of death of the landlord, where there is a bona-fide requirement of the premises let out on rent by the legal heirs of the landlord during the period of tenancy, such legal heirs may file an application in this behalf for eviction and recovery of possession of the said premises before the Rent Court in such form and manner, as may be prescribed.
2. (2) The Rent Court may, on an application made to it under sub-section (1), if it is satisfied that the legal heirs of the deceased landlord are in bona-fide requirement of the premises let out on rent, pass necessary orders against the tenant for handing over vacant possession of the said premises to the legal heirs of the deceased landlord. ---

Where the tenant fails to vacate the premises let out on rent in accordance with the tenancy agreement on the expiration of the period of tenancy or termination of tenancy by an order or notice under the provisions of this Regulation, such tenant shall be liable to pay the landlord twice the monthly rent for the first two months and four times the monthly rent thereafter till the tenant continues to occupy the said premises.

---

1. (1) Where a landlord exercises the right of recovery of possession under sub-section (2) of section 21 or under section 22, and he had received any rent or any other payment in advance from the tenant, he shall before recovery of possession, refund to the tenant such amount after deducting the rent and other charges due to him.
2. (2) If the landlord fails to make any refund, he shall be liable to pay simple interest to the tenant at such rate as may be prescribed from time to time on the amount which he has omitted or failed to refund. ---

In any proceedings for recovery of possession on any ground other than that referred to in clause (a) or clause (b) of sub-section (2) of section 21, where the tenant contests the claim for eviction, the landlord may at any stage of the proceedings apply to the Rent Court to direct the tenant to pay him the rent payable, as under sub-section (1) of section 8, and the Rent Court may order the tenant to make such payment and all other charges due from the tenant alongwith penal charges, if any, due to delay in payment, in accordance with the provisions of this Regulation.

---

1. (1) The tenant shall not carry out any structural change or erect any permanent structure in the premises let out on rent without the written consent of the landlord.
2. (2) In case of any additional structures which were made or erected in the premises by the tenant without the written consent of the landlord, it shall be the responsibility of such tenant to remove such additional structures.
3. (3) Where the landlord proposes to make any improvement in or construct any additional structure on any premises which has been let out to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure, the landlord may make an application in this behalf to the Rent Court.
4. (4) On an application made by the landlord under sub-section (3), if the Rent Court is satisfied that the landlord is ready and willing to commence the work which is necessary, it may permit the landlord to do such work and may make such other order as it may deem fit: Provided that such improvement or additional structure shall not decrease or diminish or deteriorate the accommodation or housing services in the premises which may cause undue hardship to the tenant. ---

1. (1) Notwithstanding anything contained in section 21 or section 22, where any premises let out for rent comprises vacant land, upon which it is permissible under the municipal bye-laws for the time being in force to erect any building whether for residential or for any other purpose, and the landlord who intends to erect such building is unable to obtain possession of the same from the tenant on the basis of the tenancy agreement, the landlord or, in case of death of the landlord, his legal heirs, may file an application in this behalf, in such form and manner as may be prescribed, before the Rent Court.
2. (2) The Rent Court may, on receipt of the application referred to in sub-section (1), if it is satisfied that the landlord is or, as the case may be, his legal heirs are ready and willing to commence the work and that the severance of the vacant land from the rest of the premises shall not cause undue hardship to the tenant,—
   • (a) direct such severance after such enquiry as it may deem fit;
   • (b) place the landlord in possession of the vacant land;
   • (c) determine the rent payable by the tenant in respect of the rest of the premises; and
   • (d) make such other orders as it may deem fit in the circumstances of the case. ---

Notwithstanding anything contained in any other law for the time being in force in the Union territory of Andaman and Nicobar Islands, where the interest of a landlord or in case of death of the landlord, of his legal heirs in any premises is determined for any reason whatsoever and any order is made by the Rent Court under this Regulation for the recovery of possession of such premises, such order shall, subject to the provisions of sub-section (3) of section 21, be binding on all occupants who may be in occupation of the premises and vacant possession thereof shall be given by all such occupants to the landlord or to the legal heirs of the landlord.

---

Notwithstanding anything contained in any other law for the time being in force in the Union territory of Andaman and Nicobar Islands, a tenant may give up possession of the premises on giving such written notice as is required under the tenancy agreement and in the absence of any stipulation relating to such notice, the tenant shall give notice to the landlord at least one month before giving up possession of the premises.

---