section 11-B
11-B. Right to recover immediate possession of residential building to certain persons.
The Jammu and Kashmir Houses and Shops Rent Control Act, 1966(1) Where a landlord serving in the Railways Department of the Government of India at any time within one year prior to or within one year after the date of his retirement applies to the Controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement, there shall accrue, on and from the date of such application to such landlord, notwithstanding anything contained in this Act, or in any other law for the time being in force or in any contract (whether express or implies), custom or usage to the contrary, a right to recover immediately the possession of such residential building or any part or parts of such building if let out in part or parts: Provided that the application shall accompany an affidavit to the effect that the applicant does not own any other accommodation in the local area in which he intends to reside: (2) Nothing in this section or in this Act shall be deemed to entitle the landlord to get a decree for the recovery of possession of any house or shop against the tenant, where any contract or law debars such relief, or except in accordance with the provisions of law for getting such relief; and such contract shall not be deemed to be inoperative by reason of interference by this Act with other terms of the lease.
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