Vidhi Codex

section 19

Recovery of possession for demolishing building.

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

Statutory text
  1. (1) Where a decree for eviction has been passed by the court on the ground specified in clause (i) or (j) of sub-section (1) of section 16, and the work of demolishing the premises has not been commenced by the landlord within the period specified in sub-clause (iv) of clause (d) of sub-section (6) of the said section, the tenant may give the landlord a notice of his intention to occupy the premises from which he has been evicted and if the landlord does not forthwith deliver to him the vacant possession of the premises on the same terms and conditions on which he occupied them immediately before the eviction, the tenant may make an application to the court within six weeks from the date on which he delivered vacant possession of the premises to the landlord.
  2. (2) If the court is satisfied that the landlord has not substantially commenced the work of demolishing the premises within the period of one month in accordance with his undertaking, the court shall order the landlord to deliver to the tenant vacant possession of the premises on the terms and conditions on which he occupied them immediately before the eviction. On such order being made, the landlord shall forthwith deliver vacant possession of the premises to the tenant. Such order shall be deemed to be an order within the meaning of clause (14) of section 2 of the Code of Civil Procedure, 1908 (V of 1908).
  3. (3) Any landlord who recovers possession on the ground specified in clause (i) or (j) of sub-section (1) of section 16, and fails to carry out any undertaking referred to in sub-clause (i), (ii), (iii), (iv) or (v) of clause (d) of sub-section (6) of the said section without any reasonable excuse or fails to comply with the order of the court under sub-section (1) shall, without prejudice to his liability in execution to the order under sub-section (2), on conviction, be punishable with imprisonment for a term which may extend to thirty days or with fine which may extend to five thousand rupees or with both.

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