section 6
Landlord to deliver possession and Government deemed tenant
The Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960(6) If the building is required for any of the purposes or for occupation by any of the officers specified in sub-section (3), the landlord shall deliver possession of the building to the authorised officer or to the allottee, named by the authorised officer, as the case may be, and the Government shall be deemed to be the tenant of the landlord, with retrospective effect from the date on which the authorised officer received notice under sub-section (1) or sub-section (2), the terms of the tenancy being such as may be agreed upon between the landlord and the tenant and in default of an agreement, as may be determined by the Controller: Provided that- (i) where the landlord fails to deliver possession of the building to the authorised officer, within forty-eight hours of the receipt of the intimation that the building is required for any of the purposes, or for occupation by any of the officers specified in sub-section (3) or within such further time as the authorised officer may by order in writing allow, the Government shall be deemed to be the tenant of the landlord only from the date on which he delivers possession; (ii) where owing to any ommission or act or obstructive or preventive tactics on the part of the landlord there has been delay in coming to a decision whether or not the building is required for any of the purposes, or for occupation by any of the officers specified in sub-section (3), the Government shall be deemed to be the tenant of the landlord only from such later date as may be fixed by the authorised officer having regard to the circumstances of each case; (iii) the rent payable shall be the fair rent, if any, fixed for the building under the provisions of this Act; and if no fair rent has been so fixed, such reasonable rent as the authorised officer may determine; (iv) the reasonable rent fixed by the authorised officer under the foregoing proviso shall be subject to such fair rent as may be determined by the Controller; (v) if the building is a residential building, it shall not be converted into a non-residential building unless the premission in writing of the Controller is obtained under section 18; (vi) no structural alterations shall be made in the building, unless the consent of the landlord is also obtained therefor. (1) Where the amount of taxes and cesses payable by the landlord in respect of any building to a local authority is enhanced after the fixation of the fair rent under section 4 the landlord shall be entitled to claim half of such excess from the tenant in addition to the rent payable for the building under this Act: Provided that such excess shall not be recoverable in so far as it has resulted from an increase of rent in respect of the building. (2) Any dispute between the landlord and the tenant in regard to any increase claimed under sub-section (1) shall be decided by the Controller.
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