Right to recover immediate possession of premises to accrue to certain persons

(1) Where a person in occupation of any residential premises allotted to him by the Government or any local authority is required by, or in pursuance of, any general or special order made by that Government or authority, to vacate such residential accommodation, or in default to incur certain obligations, on the ground that he or his spouse or his dependent son or daughter, as the case may be, owns, in the concerned local authority residential accommodation, there shall accrue, on and from the date of such order, to such person, his spouse or his dependent son or daughter as the case may be, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediate possession of any premises let out by him, his spouse or his dependent son or daughter, as the case may be:

Provided that nothing in this section shall be construed as conferring a right on such person, his spouse or his dependent son or daughter, as the case may be, owning in the concerned local authority two or more dwelling houses, to recover the possession of more than one dwelling house and it shall be lawful for such person, his spouse or his dependent son or daughter, as the case may be, to indicate the dwelling house possession of which he intends to recover.

Explanation.- For the purpose of this sub-section, sections 22, 23 and 24 immediate possession shall mean possession recoverable on the expiry of sixty days from the date of order of eviction.

(2) Where a landlord exercises the rights of recovery conferred on him by sub-section (1) or sections 22, 23 or 24 and he had received,-

(a) any advance from the tenant, he shall, on the date of recovery of possession of the premises by him, refund to the tenant such amount:

Provided that, if any default is made in making any refund as aforesaid the landlord shall be liable to pay simple interest at the rate of fifteen per cent per annum on the amount which he has failed to refund:

Provided further that it shall be permissible for the landlord to set off any amount which he is lawfully entitled to recover from tenant against the refund due to the tenant.