13-C. Right to recover immediate possession of houses to accrue to certain persons.

(1) Where a landlord, who being a person in occupation of any residential house allotted to him by the Government or any local authority is required, by or in pursuance of any general or special order made by the Government or local authority to vacate such house or in default, (o incur certain obligations, on the ground that he owns in the Stale, a house either in his own name or in the name of his wife or dependent child, there shall accrue, on and from the date of such order, to such landlord notwithstanding anything contained elsewhere in this Act or in any other law for the time be-in fore or in any contract (whether express or implied), custom or mage to the contrary a right to recover immediately possession of any house let out by him: f. Sub-section (3) inserted by Act XVI of 1978. S. 6.

Provided that nothing in this section shall be construed as conferring a right on a landlord owing at the place where the house allotted to him is situated, two or more dwelling houses, whether in his own name or in the name of his wife or dependent child, to recover the possession of more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover.

(2) 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 sub-section (1) 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 house by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease;

(b) any other payment, he shall within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received as the unexpired portion of the contract or agreement or lease bears to the total period of contract or agreement or 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 six per cent per annum.