Right to recover immediate possession of premises to accrue to widows, handicapped persons, old persons, freedom fighters and non-resident Indians

(1) Where the landlord is, - (a) a widow and the premises let out by her, or her husband; or (b) a handicapped person and the premises let out by him or her; or (c) a person who is of the age of sixty-five years or more and the premises let out by him or her; or (d) a freedom fighter, his widow or dependent son or daughter and the premises let out by him or her; is required by him or her for his or her family or for any one ordinarily living with him or her for residential or non-residential use, he or she may apply to the Rent Authority for recovery of immediate possession of such premises.

(2) Where the landlord referred to in sub-section (1) has let out more than one premises, it shall be open to him or her to make an application under that sub-section in respect of any one residential and one non-residential premises each chosen by him.

Explanation I. - For the purposes of this section "handicapped person" shall mean a person who is, as being an assessee, entitled for the time being to the benefits of deduction under section 80U of the Income Tax Act, 1961.

Explanation II. - The right to recover possession under this section shall be exercisable only once in respect of each for residential and for non-residential use.

(3) Where an owner is a non-resident Indian and returns to India for permanent residence, he or she may apply to the Rent Authority for recovery of immediate possession of residential or/and non-residential premises let out by him or her on or prior to the commencement of this Act, which are required for his or her use, or for the use of any one ordinarily living with and dependent on him or her.

Explanation. - "non-resident Indian" means a person of Indian origin, who is either permanently or temporarily settled outside India, in either case- (i) for or on taking up employment outside India; or (ii) for carrying on a business or vocation outside India; or (iii) for any other purpose, in such circumstances, as would indicate his intention to stay outside India for an uncertain period.