Chapter V SPECIAL PROVISIONS FOR RECOVERY OF POSSESSION IN CERTAIN CASES

Civil199960 sections9 chapters

Read full ActSections

23. Members of armed forces of the Union, scientists or their successor-in-interest entitled to recover possession of premises required for their occupation.

Statutory text

(1) Notwithstanding anything to the contrary contained in this Act or any contract,-
- (A) a landlord, who,-
  - (i) is a member of armed forces of the Union, or was such a member and has retired as such (which term shall include premature retirement), or
  - (ii) holds a scientific post in the Department of Atomic Energy of the Central Government or in any of its aided institution (hereinafter in this section referred to as "a scientist"), or was such a scientist and has retired as such (which term shall include premature retirement), and one year has not elapsed since his retirement on the date of making of the application, or
  - (iii) is an employee of the Government of India, Government of any State or Union Territory, Public Sector Undertaking of the Government of India or of any State Government (hereinafter referred to as ("Government servant"), and has retired as such (which term shall include premature retirement) and one year has not elapsed since his retirement on the date of the application, shall be entitled to recover from his tenant the possession of any premises owned by him on the ground that such premises are bona fide required by him for occupation by himself or by any member of his family, by making an application for the purpose of recovery of possession of the premises, to the Competent Authority; and the Competent Authority shall make an order of eviction on that ground if-
- (a) in the case of landlord who is a member of the armed forces of the Union, he produces a certificate signed by the authorised officer to the effect that,-
  - (i) he is a member of the armed forces of the Union, or that he was such a member and has retired as such, and
  - (ii) he does not possess any other premises suitable for residence in the local area where the premises are situated; or
- (b) in the case of a landlord who is scientist, he produces a certificate signed by an officer of the Department of Atomic Energy of, or above, of the rank of Deputy Secretary to Government to the effect that,-
  - (i) he is presently holding a scientific post in the Department of Atomic Energy or in any of its aided institutions specified in the certificate or he was holding such post and has now retired with effect from the date specified in the certificate; and
  - (ii) he does not possess any other suitable residence (excluding any residential accommodation provided by Government) in the local area where the premises are situated; or
- (c) in the case of a Government servant, he produces a certificate signed by the Head Department or the Head of the office, or the Chief Executive of the Public Sector Undertaking, by whatever designation called, to the effect that,-
  - (i) he is presently holding the post in that Department, office or Public Sector Undertaking or he was holding such post and has now retired with effect from the date specified in the certificate; and
  - (iii) he does not possesses any other suitable residence (excluding any residential accommodation provided by Government or Public Sector Undertaking) in the local area where the premises are situated;
- (a) in the case of the successor-in-interest of a member of the armed forces of the Union, he produces a certificate signed by the authorised officer to the effect that,-
  - (i) a successor-in-interest is a widow or any other member of the family of the deceased member of the armed forces of the Union, who died while in service on the date specified in the certificate (or of a member of the armed forces of the Union who has retired and who died within five years of his retirement on the date specified in the certificate); and
  - (ii) such successor-in-interest does not possess any other suitable residence (excluding any residential accommodation provided by Government) in the local area where such premises situated; or
- (c) in the case of a successor-in-interest of a Government servant, he produces a certificate signed by the head of his Department, Head of the office, or the Chief Executive, by whatever designation called, of the Public Sector Undertaking, to the effect that,-
  - (i) the successor-in-interest is a widow or any other member of the family of the deceased Government servant, who died while in service on the date specified in the certificate) (or of a Government servant who has retired and who died within one year of his retirement on the date specified in the certificate); and
  - (ii) such successor-in-interest does not possess any other suitable residence (excluding any residential accommodation provided by Government or the Public Sector Undertaking) in the local area where such premises are situated.
(2) Any certificate granted under sub-section (1) shall be conclusive evidence of the facts stated therein. Explanation.- For the purposes of this section,-
(1) "authorised officer", in relation to a member of the armed forces of the Union, means the commanding officer or head of services, including,-
- (i) in the case of an officer retired from the Army, the Area Commander,
- (ii) in the case of an officer retired from the Navy, the Flag Officer Command-in-Chief Naval Command, and
- (iii) in the case of an officer retired from the Air Force, the Station Commander;
(2) "member of the family" means any of the following members of the family of a member of the armed forces of the Union, or a scientist, or a Government servant, as the case may be, who is ordinarily residing with him and who is dependent on him and where member of the armed forces of the Union or a scientist or a Government servant has retired or died, any member of his family who is so residing or dependent at the time of his retirement, or as the case may be, death, namely :- spouse, father, mother, son, daughter, grand-son, grand-daughter, sons wife, grandsons wife, widow of predeceased son or grandson;
(3) "successor-in-interest" means,-
- (i) if the deceased landlord has a spouse living at the time of his death, spouse, and
- (ii) in any other case, any other member of his family. Explanation.- A landlord or his successor-in-interest by inheritance or otherwise shall not be entitled to recover possession under this section from the tenant or his successor-in-interest by transmission, where the landlord has acquired the property by purchase, gift, exchange or otherwise (but excluding acquisition by inheritance or succession or in the case of premises in a Co-operative Housing Society, by acquisition of a share or right and interest in such premises by nomination), and where at the time of acquisition, by purchase, gift, exchange or otherwise the premises had been in the occupation of the tenant or his predecessor-in-interest from whom the tenancy has been transmitted and notwithstanding anything contained in any judgement, decree or order of the court or anything contained in this Act or in any other law for the time being in force, the provisions of this explanation shall always be deemed to have applied to such a case, and the landlord shall not be entitled to recover possession in any such case;
(4) "aided institution" means the Tata Institution of Fundamental Research, and the Tata Memorial Centre, and also any other institution which may be declared, from time to time, by the State Government in consultation with the Department of Atomic Energy, to be aided institution for the purposes of this section.

Chapter V SPECIAL PROVISIONS FOR RECOVERY OF POSSESSION IN CERTAIN CASES

24. Landlord entitled to recover possession of premises given on licence on expiry.

Statutory text

(1) Notwithstanding anything contained in this Act, a licensee, in possession or occupation of premises given to him on license for residence shall deliver possession of such premises to the landlord on expiry of the period of licence; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of licence, by making an application to the Competent Authority, and the Competent Authority, on being satisfied that the period of licence has expired, shall pass an order for eviction of a licensee.
(2) Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of licence and continues to be in possession of the licensed premises till he is dispossessed by the Competent Authority shall be liable to pay damages at double the rate of the licence fee or charge of the premises fixed under the agreement of licence.
(3) The Competent Authority shall not entertain any claim of whatever nature from any other person who is not a licensee according to the agreement of licence. Explanation.- For the purposes of this section,-
- (a) the expression "landlord" includes a successor-in-interest who becomes the landlord of the premises as a result of death of such landlord; but does not include a tenant or a sub-tenant who has given premises on license;
- (b) an agreement of licence in writing shall be conclusive evidence of the fact stated therein.

PDF: pending for this language.