section 13A
The Court may make such reduction (if any) in the rent as it may deem just.
The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947General194772 sections2 chapters
Statutory text
Landlord entitled to recover possession of terrace and structures for raising floor or floors
- (1) Notwithstanding anything contained in this Act, a landlord shall be entitled to recover possession of any premises, if the Court is satisfied that the premises let consist of a tenement or tenements on the terrace of a building such tenement or tenements being not more than two-fifths 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.—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 or more of them, this section nevertheless apply.
- (2) No decree for eviction shall be passed on the ground specified aforesaid, unless the landlord produces at the time of the institution of the suit a certificate granted by the Tribunal under sub-section (3B) of section 13, and gives an undertaking—
- (a) that the new floor or floors to be erected or raised 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 tenement or tenements sought to be demolished;
- (b) that the work of demolition 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 floor or floors shall be completed not later than twelve 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 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 time to time, be specified by it, so however that the extended period shall in each case not exceed twelve months in the aggregate.
- (3) Where a decree for eviction has been passed by the Court on the ground aforementioned, the provisions of sections 17A, 17B and 17C shall mutatis mutandis apply to the erection or raising of the floor or floors, as they apply to the ground of eviction specified in clause
- (hh) of sub-section
- (1) of section 13.
- (4) In the application of sub-section (3B) of section 13 of the provisions aforesaid, in that sub-section, in clause
- (b) thereof,—
- (a) in paragraph (ii), for the words "the new building" the words "the new floor or floors" shall be substituted;
- (b) in paragraph (iii), for the words "of the erection of the new building" the words "of the erection or raising of the new floor or floors" shall be substituted.
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