Vidhi Codex

section 16

When landlord may recover possession.

The Maharashtra Rent Control Act, 1999
Civil199960 sections9 chapters
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Chapter IV RECOVERY OF POSSESSION

Statutory text
  1. (1) Notwithstanding anything contained in this Act but subject to the provisions of section 25, a landlord shall be entitled to recover possession of any premises if the court is satisfied-
    • (a) that the tenant has committed any act contrary to the provisions of clause (o) of section 108 of the Transfer of Property Act, 1882 (IV of 1882); Explanation.- For the purposes of this clause, replacing of tiles or closing of balcony of the premises shall not be regarded as an act of a causing damage to the building or destructive or permanently injurious thereto; or
    • (b) that the tenant has, without the landlords consent given in writing, erected on the premises any permanent structure; Explanation.- For the purposes of this clause, the expression "permanent structure" does not include the carrying out of any work with the permission, wherever necessary, of the municipal authority, for providing a wooden partition, standing cooking platform in kitchen, door, lattice work of opening of a window necessary for ventilation, a false ceiling, installation of air-conditioner, an exhaust outlet or a smoke chimney; or
    • (c) that the tenant, his agent, servant, persons inducted by tenant or claiming under the tenant or, any person residing with the tenant has been guilty of conduct which is a nuisance or annoyance to the adjoining or neighbouring occupier, or has been convicted of using the premises or allowing the premises to be used for immoral or illegal purposes or that the tenant has in respect of the premises been convicted of an offence of contravention of any of the provisions of clause (a) of sub-section (1) of section 394 or of section 394A of the Mumbai Municipal Corporation Act (Bom. III of 1888) or of sub-section 394 or of section 376 or of section 376A of the 1Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949), or of section 229 of the 2City of Nagpur Municipal Corporation Act, 1949 (C. P. and Berar II of 1950); or of section 280 or of section 281 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965); or
    • (d) that the tenant has given notice to quit and in consequence of that notice, the landlord has contracted to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of the court, be seriously prejudiced, if he could not obtain possession of the premises; or
    • (e) that the tenant has-
      • (i) on or after the 1st day February 1973, in the areas to which the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947) applied; or
      • (ii) on or after the commencement of this Act, in the Vidarbha and Marathwada areas of the State, unlawfully sub-let or given on licence the whole or part of the premises or assigned or transferred in any other manner his interest therein; or
    • (f) that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this Act, to be in such service or employment; or
    • (g) that the premises are reasonably and bona fide required by the landlord for occupation by himself or by any person for whose benefit the premises are held or where the landlord is a trustee of a public charitable trust that the premises are required for occupation for the purposes of the trust; or
    • (h) that the premises are reasonably and bona fide required by the landlord for carrying out repairs which cannot be carried out without the premises being vacated; or
      • (i) that the premises are reasonably and bona fide required by the landlord for the immediate purpose of demolishing them and such demolition is to be made for the purpose of erecting new building on the premises sought to be demolished; or
    • (j) that the premises let consist a tenement or tenements on the terrace of a building such tenement or tenements being only in part of the total area of the terrace, and that the premises or any part thereof are required by the landlord for the purpose of the demolition thereof and erection or raising of a floor or floors on such terrace; Explanation.- For the purpose of this clause, if the premises let include the terrace or part thereof, or garages, servants quarters or out-houses (which are not on the terrace), or all or any one of more of them, this clause shall nevertheless apply; or
    • (k) that the premises are required for the immediate purpose of demolition ordered by any municipal authority or other competent authority; or
    • (l) that where the premises are land in the nature of garden or grounds appurtenant to a building or part of a building or part of a building, such land is required by the landlord for the erection of a new building which a municipal authority has approved or permitted him to build thereon; or
    • (m) that the rent charged by the tenant for the premises or any part thereof which are sub-let is in excess of the standard rent and permitted increases in respect of such premises or part or that the tenant has received any fine, premium, other like sum of consideration in respect of such premises or part; or
    • (n) that the premises have not been used, without reasonable cause for the purpose for which they were let for for a continuous period of six months immediately preceding the date of the suit.
  2. (2) No decree for eviction shall be passed on the ground, specified in clause (g) of sub-section (1), if court is satisfied that, having regard to all the circumstances of the case including the question whether other reasonable accommodation is available for the landlord or the tenant, greater hardship would be caused by passing the decree than by refusing to pass it. Where the court is satisfied that no hardship would be caused either to the tenant or to the landlord by passing the decree in respect of such part of the premises, the court shall the decree in respect of such part only. Explanation.- For the purposes of clause (g) of sub-section (1) the expression "landlord" shall not include a rent-farmer or rent-collector or estate-manager.
  3. (3) A landlord shall not be entitled to recover possession of any premises under the provisions of clause (g) of sub-section (1) if the premises are let to the Central Government in a cantonment area and such premises, are being used for residence by members of the armed forces of the Union, or their families.
  4. (4) The court may pass the decree on the ground specified in clause (h) or (i) of sub-section (1) only in respect of a part of the premises which in its opinion it is necessary to vacate for carrying out the work of repair or erection.
  5. (5) Notwithstanding anything contained in any other law for the time being in force, an assignment of a decree for eviction obtained on the grounds specified in clauses (g), (h), (i) and (j) of sub-section (1) shall be unlawful.
  6. (6) No decree for eviction shall be passed on the ground specified in clauses (i) or (j) of sub-section (1), unless the Court is satisfied,-
    • (a) that the necessary funds for the purpose of the erection of new building or for erecting or raising of a new floor or floors on the terrace are available with the Landlord;
    • (b) that the plans and estimates for the new building or new floor or floors have been properly prepared;
    • (c) that the new building or new floor or floors to be erected by the landlord shall, subject to the provisions of any rules, by-laws or regulations made by municipal authority contain residential tenements not less than the number of existing tenements which are sought to be demolished;
    • (d) that the landlord has given an undertaking,-
      • (i) that the plans and estimates, for the new building or new floor or floors to be erected by the landlord include premises for each tenant with carpet area equivalent to the area of the premises in his occupation in the building sought to be demolished subject to a variation of five per cent. in area;
      • (ii) that the premises specified in sub-clause (i) will be offered to the concerned tenant or tenants in the re-erected building or, as the case may be on the floor to floors;
      • (iii) that where the carpet area of the premises in the new building or on the new floor or floors is more than the carpet area specified in sub-clause (i) the landlord shall, without prejudice to the liability of the landlord under sub-clause (i), obtain the consent, in writing, of the tenant or tenants concerned to accept the premises with larger area; and on the tenant or tenants declining to give such consent the landlord shall be entitled to put the additional floor area of any permissible use;
      • (iv) that the work of demolishing the premises shall be commenced by the landlord not later than one month, and shall be completed not later than three months, from the date he recovers possession of the entire premises;
      • (v) that the work of erection of the new building or new floor or floors shall be completed by the landlord not later than fifteen months from the said date: Provided that, where the court is satisfied that the work of demolishing the premises could not be commenced or completed, or the work of erection of the new building or, as the case may be the new floor or floors could not be completed, within time, for reasons beyond the control of the landlord, the court may, by order, for reasons to be recorded, extend the period by such further periods, not exceeding three months at a time as may, from the time to time, be specified by it, so however that the extended period shall not exceed twelve months in the aggregate.
  7. (7) Where the possession of premises is recovered on the ground specified under clause (g), (h), (i) or (j) of sub-section (1) and the premises and transferred by the landlord, or by operation of law before the tenant or tenants are placed in occupation, then such transfer shall be subject to the rights and interests of such tenants.
  8. (8) For the purposes of clause (m) of sub-section (1), the standard rent or permitted increase in respect of the part sub-let shall be the amounts bearing such proportion to the standard rent or permitted increases in respect of the premises as may be reasonable having regard to the extent of the part sub-let and other relevant considerations.
  9. (9) Notwithstanding anything contained in this Act, where the premises let to any person include-
    • (i) the terrace or part thereof; or
    • (ii) any one or more of the following structures that is to say, tower-room, sitting-out-rooms, ornamental structures, architectural features, landings, attics on the terrace of a building, or one or more rooms of whatsoever description on, such terrace (such room or rooms being in the aggregate of an area not more than one-sixth of the total area of the terrace); or
    • (iii) the terrace or part thereof and any such structure, and the court is satisfied that the terrace or structure or terrace including structure as aforesaid, are required by the landlord for the purpose of demolition and erection or raising of a floor or floors on such terrace, the landlord shall be entitled to recover possession of the terrace including such tower-rooms, sitting-out-rooms, ornamental structures, architectural features, landings, attics or rooms, the court may make such reduction, if any, in the rent as it may deem just.
  10. (10) A suit for eviction on the grounds specified in clause (h), (i), (j) or (k) of sub-section (1) may be filed by the landlord jointly against all the tenants occupying the premises sought to be demolished.

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