Eviction of tenant

(1) Notwithstanding anything contained in any contract or law to the contrary, but subject to the provisions of the Industrial Disputes Act, 1947 (Act XIV of 1947), and to those of section 18, where a tenant is in possession of any building, he shall not be liable to eviction therefrom except in execution of an order passed by the Controller on one or more of the following grounds: (a) for breach of the conditions of the tenancy, or for sub letting the building or any portion thereof without the consent of the landlord, or if he is an employee of the landlord occupying the building as an employee, on his ceasing to be in such employment; (b) where the condition of the building 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 behaviour the tenant is responsible; (c) where the building is reasonably and in good faith required by the landlord for his own occupation or for the occupation of any person for whose benefit the building is held by the landlord. Provided that where the Controller thinks that the reasonable requirement of such occupation may be substantially satisfied by evicting the tenant from a part only of the building and allowing that tenant to continue occupation of the rest and the tenant agrees to such occupation, the Controller shall pass an order accordingly; and fix proportionately the standard rent for the portion in occupation of the tenant, which portion shall henceforth constitute the building within the meaning of clause (b) of section 2 and the rent so fixed shall be deemed to be the standard rent fixed under section 12. Explanation I: In this clause, the word "landlord" shall not include an agent referred to in clause (h) of section 2. Explanation II: Where there are two or more buildings let out by the landlord it will be for the landlord to choose which one would be preferable to him and the tenant or tenants shall not be allowed to question such preference. (d) where the amount of two months rent, lawfully 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 last day of the month next following that for which the rent is payable or by not having been validly remitted or deposited in accordance with section 27; (e) in case of a tenant holding on a lease for a specified period, on expiry of the period of tenancy; and (f) landlord requires the premises in order to carry out any building work at the instance of the Government or the Municipality or the Municipal Corporation or the Regional Development Authority or any other Authority within whose jurisdiction the building lies and such building work cannot be properly and fully carried out without the premises being vacated. (2) (a) Where a servant of the Government in possession of any private/government building as a tenant intends to vacate such building, he shall give fifteen days previous notice in writing of his intention to do so to the landlord and to the Collector who shall under intimation to the landlord within a week of receipt of the notice, either allot the building to any other servant of the Government whom the Collector thinks suitable subject to payment of rent, and the observance of the conditions of the tenancy by such servant of the Government or direct that the landlord shall be put in possession of the building. Provided that when no such order is passed by the Collector, the landlord shall be deemed to have been put in possession of the building. (b) Where a building is vacated by a servant of the Government, any person occupying such building other than the person referred to in clause (a) shall be liable to be evicted by the Collector in such manner as may be prescribed. Provided that after a landlord has been or is deemed to have been put in possession of such building, he may let it to any person.