Vidhi Codex

section 17A

Recovery of possession for demolishing building

The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
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Statutory text
  1. (1) Where a decree for eviction has been passed by the Court on the ground specified in clause
    • (hh) of sub-section
  2. (1) of section 13 and the work of demolishing the premises has not been commenced by the landlord within the period specified in clause
    • (b) of sub-section (3A) 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 of the date on which he delivered vacant possession of the premises to the landlord.
  3. (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
  4. (14) of section 2 of the Code of Civil Procedure, 1908.
  5. (3) Any landlord who recovers possession on the ground specified in clause
    • (hh) of sub-section
  6. (1) of section 13, and fails to carry out any undertaking referred to in clause (a),
    • (b) or
    • (c) of sub-section (3A) of the said section without any reasonable excuse or fails to comply with the order of the Court under sub-section
  7. (1) shall, without prejudice to his liability in execution of the order under sub-section (2), on conviction be punishable with imprisonment for a term which may extend to three months or with fine or with both.

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