Protection of a tenant against eviction.

(1) Notwithstanding anything to the contrary in any other Act or law, no order of decree for the recovery of possession of any house or shop shall be made by any Court in favour of the landlord against a tenant, including a tenant whose lease has expired: Provided that nothing in this sub-section shall apply to any suit for decree for such recovery of possession— (a) against a tenant who has transferred his tenancy right in whole or in part with possession otherwise than by sub-lease; (b) against such transferee; (c) against a tenant who has sub-let the whole or a major portion of the house or shop for more than seven consecutive months: Provided that if a tenant, who has sub-let major portion of the house or shop, agrees to possess as a tenant the portion of the house or shop not sub-let on payment of rent fixed by the Court, the Court shall pass a decree for ejectment from only a portion of the house or shop sub-let and fix proportionately fair rent for the portion kept in possession of such tenant, which portion shall thenceforth constitute house or shop under clause (3) or clause (5) of section 2 and the rent so fixed shall be deemed fair rent fixed under section 8: [Provided further that no order or decree for the recovery of possession shall be made in favour of the landlord if the tenant has sub-let the house or shop or portion thereof with the written consent of the owner;] (d) where the tenant has done any act contrary to the provisions of clause (m), clause (o) or clause (p) of section 108 of the Transfer of Property Act, 1977; (e) where the tenant has been using the house or shop or any part or allowing the house or shop or any part to be used for immoral or illegal purposes; [(ee) where the tenant fails to use or occupy the house or shop for a period of not less than seven consecutive months;] (f) where the conditions of the house or shop has. materially deteriorated owing to acts of waste by, or negligence or default of the tenant, or of any person residing with the tenant or for whose behavior the tenant is responsible; (g) where the tenant has been guilty of conduct which is a nuisance or annoyance to occupiers of adjoining or neighboring houses or shops, including the landlord; (h) where the house or shop is reasonably required by the landlord either for purposes of building or re-building, or for his own occupation or for the occupation of any person for whose benefit the house or shop is held: Provided that all sub-tenants in the house or shop are made parties to the suit and allowed opportunity of contesting claim to decree for ejectment. Explanation.—The Court in determining the reasonableness of requirement for purposes of building or re-building shall have regard to the comparative public benefit or disadvantage by extending or diminishing accommodation, and in determining reasonableness of requirement for occupation shall have regard to the comparative advantage or disadvantage of the landlord or the person for whose benefit the house or shop is held and of the tenant: Provided that where the Court thinks that the reasonable requirement of such occupation may be substantially satisfied by evicting the tenant from a part only of the house or shop and allowing the tenant to continue occupation of the rest, and the tenant agrees to such occupation, the Court shall pass a decree accordingly and fix a proportionately fair rent for the portion in occupation of the tenant, which portion shall henceforth constitute the house or shop within clause (3) or clause (5) of section 2 and the rent fixed shall be deemed to be the fair rent fixed under section 8; (i) subject to the provisions of section 12, where the amount of two months rent legally payable by the tenant and due from him is in arrears by not having been paid within the time fixed by contract, or in the absence of such contract by the fifteenth day of the month next following that for which the rent is payable or by not having been validly deposited in accordance with section 14: Provided that no such amount shall be deemed to be in arrears unless the landlord on the rent becoming due serves a notice in writing through Post Office under a registered cover on the tenant to pay or deposit the arrears within a period of [thirty] days from the date of the receipt of such notice and the tenant fails to pay or deposit i be said arrears within the specified period; [(j) where the house was let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and the tenant has ceased to be in such service or employment: Provided that where the tenant is a workman who has been discharged or dismissed by the landlord from his service or employment in contravention of the provisions of the Industrial Disputes Act, 1947, he shall not be liable to be evicted until the competent authority under that Act confirms the order of discharge or dismissal made against him by the landlord; (k) where the house or shop is required for the immediate purpose of demolition ordered by any local authority or other competent authority.]