When landlord may recover possession

The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

General194772 sections2 chapters

Read full ActSections

Statutory text

(1) Notwithstanding anything contained in this Act [but subject to the provisions of sections 15 and 15A], 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 ; or
- (b) that the tenant has, without the landlord's consent given in writing, erected on the premises any permanent structure ; or
- (c) that 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 occupiers, 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 provisions of clause
- (a) of sub-section
(1) of section 394 or of section 394-A of the Bombay Municipal Corporation Act ; 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, since the coming into operation of this Act, unlawfully sub-let, or after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973, unlawfully 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 coming into operation 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
- (hh) that the premises consist of not more than two floors and 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 Explanation.—For the purposes of this clause, premises shall not be deemed to consist of more than two floors by reason that on the terrace of a building there are one or more of the following structures that is to say, tower-rooms, sitting-out-rooms, ornamental structures, architectural features, landings, attics or one or more rooms of whatsoever description (such room or rooms, being in the aggregate of an area of not more than one-sixth of the total area of the terrace.)
- (hhh) that the premises are required for the immediate purpose of demolition ordered by any local authority or other competent authority ; or
  - (i) that where the premises are land, such land is reasonably and bona fide required by the landlord for the erection of a new building ; or
  - (ii) that where the premises are land in the nature of garden or grounds appurtenant to a building or part of a building, such land is required by the landlord for the erection of a new residential building which a local authority has approved or permitted him to build thereon ;
- (j) that the rent charged by the tenant for the premises or any part thereof which are sub-let before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959 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 or consideration in respect of such premises or part ; or
- (k) that the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the suit ; or
- (l) that the tenant after the coming into operation of this Act has build, acquired vacant possession of or been allotted a suitable residence.
(2) No decree for eviction shall be passed on the ground specified in clause
- (g) of sub-section
(1) if the 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 a part of the premises, the Court shall pass the decree in respect of such part only. Explanation.—For the purposes of clause
- (g) of sub-section (1).—
- (b) the expression "landlord" shall not include a rent-farmer or rent-collector or estate-manager. (2A) 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.
(3) 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 repairs or erection. (3A) No decree for eviction shall be passed on the ground specified in clause
- (hh) of sub-section (1), unless the landlord produces at the time of the institution of the suit a certificate granted by the Tribunal under sub-section (3B) and gives an undertaking,—
- (a) that the new building to be erected by him shall [subject to the provisions of any rules, by-laws or regulations made by a local authority,] contain not less than [two] times the number of residential tenements, and not less than [two] times the floor area, contained in the premises sought to be demolished ;
- (b) that the work of demolishing the premises shall be commenced by him not later than one month, and shall be completed not later than three months, from the date he recovers possession of the entire premises ; and
- (c) that the work of erection of the new building shall be completed by him 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 buildings 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 periods by such further periods, not exceeding three months at a time as may, from time to time, be specified by it, so however that the extended period shall in each case not exceed twelve months in the aggregate. (3B)
- (a) For the purposes of sub-section (3A), the State Government may from time to time constitute a Tribunal consisting of such persons and for such local area as it thinks fit.
- (b) The Tribunal constituted under clause
- (a) may grant a certificate after being satisfied that—
  - (i) the plans and estimates for the new building have been properly prepared;
  - (iii) the necessary funds for the purpose of the erection of the new building are available with the landlord ; and
  - (iv) such other conditions as the State Government may by general or special order specify, have been satisfied.
- (c) The proceedings before the Tribunal shall be in the manner as may be prescribed by rules made by the State Government in this behalf.
(4) For the purposes of clause
- (j) of sub-section
(1) the standard rent or permitted increases 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.
(5) 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-rooms sitting-out-rooms, ornamental structures, architectural features, landing, 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 structures, and the Court is satisfied that the terrace or structures or terrace including structures 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.

Study data processing for this section.

PDF: pending for this language.