Right to recover immediate possession of premises to certain persons

(1) Where a person who being in occupation of any residential premises allotted to him by the Central Government, the State Government-or any local authority is required by, or in pursuance of any general or special order made by the Central or State Government or local authority, as the case may be, to vacate such residential accommodation, or in default, to incur certain obligations, on the ground that he or his spouse or dependent child owns, within the urban area, residential accommodation there shall accrue, on and from the date of such order, to such a person notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediate the possession of any premises let out by him: Provided that nothing in this section shall be construed as conferring a right on the person, who himself or whose spouse or dependent child owns, within the urban area, two or more dwelling houses, to recover the possession of more than one dwelling house, and it shall be lawful for such person to indicate the dwelling house, the possession of which he intends to recover, (2) Where a specified landlord, at any time within one year prior to or within one year after the date of his retirement or after his retirement but within one year of the appointed day whichever is later, applies to the Controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement and his affidavit to the effect that he or his spouse does not own and posses any other suitable accommodation in the local area in which he intends to reside or to start his own business, to recover possession of one residential building for his own occupation, there shall accrue, on and from the date to such application to such specified landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether expressed or implied), custom or usage to the contrary a right to recover immediate possession of such residential building or any part or parts of such building if it is let out in part or parts: Provided that in case of death of the specified landlord, the widow or widower of such specified landlord and. in the case of death of such widow Or widower, mother or father or a child or a grandchild or a widowed daughter-in- law who was dependent upon such specified landlord at the time of his death shall be entitled to make an application under this section to the Controller,- (a) in the case of death of such specified landlord before the appointed day, within one year of the said day; (b) in the case of death of such specified landlord after the appointed day, but before the date of his retirement, within one year of the date of his death ; (c) in the case of death of such specified landlord after the appointed day and the date of his retirement, within one year of the date of such retirement ; and on the date of such application the right to recover the possession of the residential building which belongs to such specified landlord or his spouse at the time of his death shall accrue to the applicant: Provided further that nothing in this section shall be so construed as conferring a right, on any person to recover possession of more than one residential building inclusive of any pans thereof if it is let out in part or parts: Provided further that the controller may give the tenant a reasonable time for putting the specified landlord or, as the case may be, the widow, widower, widower grandchild or: widowed daughter-in-law in possession of the residential building and may extend such time not exceeding three months in the aggregate Explanation.-For the purposes of this section, the expression "retirement" Provided that nothing in this section shall be construed as conferring a right on the person, who himself or whose spouse or dependent child owns, within the urban area, two or more dwelling houses, to recover the possession of more than one dwelling house, and it shall be lawful for such person to indicate the dwelling house, the possession of which he intends to recover,

(2) Where a specified landlord, at any time within one year prior to or within one year after the date of his retirement or after his retirement but within one year of the appointed day whichever is later, applies to the Controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement and his affidavit to the effect that he or his spouse does not own and posses any other suitable accommodation in the local area in which he intends to reside or to start his own business, to recover possession of one residential building for his own occupation, there shall accrue, on and from the date to such application to such specified landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether expressed or implied), custom or usage to the contrary a right to recover immediate possession of such residential building or any part or parts of such building if it is let out in part or parts: Provided that in case of death of the specified landlord, the widow or widower of such specified landlord and. in the case of death of such widow Or widower, mother or father or a child or a grandchild or a widowed daughter-in-law who was dependent upon such specified landlord at the time of his death shall be entitled to make an application under this section to the Controller,- (a) in the case of death of such specified landlord before the appointed day, within one year of the said day; (b) in the case of death of such specified landlord after the appointed day, but before the date of his retirement, within one year of the date of his death ; (c) in the case of death of such specified landlord after the appointed day and the date of his retirement, within one year of the date of such retirement ; and on the date of such application the right to recover the possession of the residential building which belongs to such specified landlord or his spouse at the time of his death shall accrue to the applicant: Provided further that nothing in this section shall be so construed as conferring a right, on any person to recover possession of more than one residential building inclusive of any pans thereof if it is let out in part or parts: Provided further that the controller may give the tenant a reasonable time for putting the specified landlord or, as the case may be, the widow, widower, widower grandchild or: widowed daughter-in-law in possession of the residential building and may extend such time not exceeding three months in the aggregate Explanation.-For the purposes of this section, the expression "retirement" includes the voluntary retirement but does not include resignation, discharge or dismissal from service.

(3) Notwithstanding anything contained elsewhere in this Act, or in any other law for the time being in force or in any contract, custom or usage to the contrary where the landlord exercises the right of recovery conferred on him by this Act, no compensation shall be payable by him to the tenant or any person claiming through or under him and no claim for such compensation shall be entertained by any court, tribunal or other authority: Provided that where the landlord had received,- (a) any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of the possession of premises by him, refund to the tenant such amount as represents the rent payable for the un-expired portion of the contract, agreement or lease; (b) any other payment, he shall, within the period aforesaid, refunded to the tenant a sum which shall bear the same proportion to the total amount so received, as the un-expired portion of the contract or agreement, or lease bears to the total period of contract or agreement of lease : Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of nine per cent per annum. Every application made under subsection (5) of section 24 shall be signed by the applicant or his recognised agent and presented to the High Court. Such application shall be accompanied by a certified copy of the order of the Rent Controller or the appellate authority, as the case may be, with a spare copy or such number of spare copies of such application for service on the respondents mentioned therein.