Repossession of the premises by the landlord

18.

1. (1) A tenant shall not be evicted except in accordance with the provisions of sub-section (2).
2. (2) The Rent Tribunal may on an application made to it in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds, namely :,
   • (a) That the tenant has not paid the arrears in full of rent payable and other charges payable, including interest for delayed payment as specified in sub-section
3. (1) of Section 14 for three or more consecutive months, within one month of notice of demand for the arrears of such rent and all charges payable being served on him by the landlord in the manner provided in sub-section
4. (4) of Section 106 of the Transfer of Property Act, 1882 (No.4 of 1882) : Provided that no order for eviction of the tenant on account of default of payment of rent can be passed if the tenant makes payment to the landlord or deposits with the Rent Tribunal all arrears of rent including interest within one month of notice being served on him: Provided further that this relief shall not be available again if the tenant defaults in payments of rent consecutively for two months in any one year subsequent to getting relief once;
   • (b) That the tenant has after the commencement of this Act parted with the possession of whole or any part of the premises without obtaining the written consent of the landlord as provided in Section 6;
   • (c) That the tenant has continued misuse of the premises for two or more months after receipt of notice from the landlord to stop such misuse. Explanation., For the purpose of this clause, misuse of premises means encroachment of additional space by the tenant or use of premises which causes public nuisance or causes damage to the property or is detrimental to the interest of the landlord or for an immoral or illegal purposes;
   • (d) That the premises were let for residential use and neither the tenant nor any member of his family ordinarily living with him has been residing therein for a period of six or more months. Explanation., For the purpose of this clause, "family" means spouse, sons, unmarried daughters, parents and daughter-in-law of the pre-deceased son;
   • (e) That the premises or any part thereof are required by the landlord for carrying out any repairs or building or rebuilding or additions or alteration or demolition, which can not be carried out without the premises being vacated: Provided that the re-entry of the tenant after such repairs, rebuilding, alteration etc. will be allowed only when it has been mutually agreed to between landlord and tenant and the same mutual agreement has been submitted before the rent Tribunal: Provided further that re-entry of the tenant shall not be allowed in the absence of such mutual agreement before the Rent Tribunal and also in cases where the tenant has been evicted under the orders of the Rent Tribunal.
   • (f) That the premises or any part thereof are required by the landlord for carrying out any repairs, building, rebuilding, additions, alterations or demolition, for change of its use as a consequence of change of land use approved by the competent authority;
   • (g) That the tenant, his spouse or dependent son or dependent unmarried daughter ordinarily living with him, has, whether before or after the commencement of this Act, built or acquired vacant possession of a residence within 10 kilometres of the urban area in which the premises are located;
   • (h) That the premises let for residential or non-residential are required by the landlord for occupation for residential or non-residential purposes for himself or for any member of his family or for any person for whose benefit the premises were held and the landlord or such person is not in possession of any suitable accommodation within the same urban area;
     • (i) That the tenant has given written notice to quit and in consequence of that notice the landlord has contracted to sell the accommodation or has taken any other step as a result of which his interests would seriously suffer if he is not put in possession of that accommodation;
   • (j) That the landlord desires to sell the premises : Provided that the Rent Tribunal may enquire into the bonafide intention of the landlord to sell the premises and on being satisfied pass appropriate eviction order.
5. (3) In any proceedings for eviction under clause
   • (e) or
   • (g) of sub-section (2), the Rent Tribunal may allow eviction from only a part of the premises, if the landlord is agreeable to the same.
6. (4) No order for recovery of possession in any proceeding under sub-section
7. (2) shall be binding on any lawful subtenant, who or the tenant has given notice of his sub-tenancy to the landlord as specified in Section 6, unless the subtenant is made a party to the proceeding,
8. (5) Where a landlord or any member of his family ordinarily living with him,