section 13
13. When a tenant is entitled to restoration of possession and compensation.
The Jammu and Kashmir Houses and Shops Rent Control Act, 1966(1) Where the landlord recovers possession of any house from the tenant by virtue of a decree secured because of clause [(h)] of the proviso to sub-section (1) of [section 11 on because of section 11-A] and the building or re-building of the house or shop is not commenced within six months, or the house or shop is not occupied by the landlord or by the person for whose benefit the house or shop is held within two months of the date of vacation of the house or shop by such tenant, or the house or shop, having been so occupied is re-let within six months of the date of such occupation to any person other than such tenant without the permission of the Controller obtained in the prescribed manner, the Controller may, on the application of such tenant made within nine months of his vacating the house or shop, and giving the landlord an opportunity of being heard, by order direct the landlord to put such tenant in possession of the house or shop or to pay him such compensation as may be fixed by the Controller, or both: Provided that the Controller may, on the application of the landlord, extend the period within which the building or re-building of the house or shop is to be\ commenced, by two months at the time and twelve months in all. (2) Where the landlord obtains a decree for ejectment because of clause [(h)]of the provison to sub-section (1) of section 11 and one of the principal reasons for passing such a decree is the expected public benefit of the proposed project of building or re-building by extending accommodation but the actual building or rebuilding deviates materially from the said project and fails substantially to provide the expected extension of accommodation, the Controller may, on the application of the previous tenant, and after giving the landlord opportunity of being heard, levy a fine on the landlord, which may extend to rupees one thousand and may, in addition, order the landlord to pay such compensation to the previous tenant as may be fixed by the Controller. [(3) Where the landlord obtains a decree for ejectment in terms of clause (h) of sub-section (1) of section 11 and the tenant is ejected on the ground that the house or shop is required by him for building or rebuilding, the tenant thereof shall have first right to tenancy: Provided that the tenant shall pay the rent at market rates notwithstanding anything contained in section 8.]
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