section 3
Grounds of ejectment of tenant.
The Delhi (Urban Areas) Tenants Relief Act, 1961Civil19619 sections
Statutory text
- (1) After the commencement of this Act, no person shall be liable to be ejected from any land held by him as tenant except on one or more of the following grounds, namely:--
- (a) that a decree for arrear of rent due in respect of the land remains unsatisfied after the expiry of the period allowed therefor;
- (b) where rent is payable in kind, that he has without sufficient cause failed to cultivate the land;
- (c) that he has sub-let or otherwise transferred the whole or any part of the tenancy in contravention of any law for the time being in force or of any contract;
- (d) that he has used the land in a manner which renders it unfit for the purpose for which it was let.
- (2) Without prejudice to the provisions of sub-section (1) but subject to the provisions of any law for the time being in force or of any contract between the parties, a tenant may be ejected from the land held by him by a land-holder,--
- (a) in any case where the land-holder is a religious or charitable institution, on the ground that the institution requires the land bona fide for use for a non-agricultural purpose in furtherance of its objects; and
- (b) in any case where the land-holder was a person under disability at the commencement of the tenancy, on the ground that he requires the land bona fide for cultivation by himself or for building a dwelling house, a cattle shed or business premises for use by himself or any member of his family and the proceeding for ejectment is instituted during the period when he is under disability or within two years from the date when he cases or has ceased to be under disability: Provided that no proceeding shall lie under this sub-section in respect of any share of land unless the share has first been partitioned by metes and bounds. Explanation.-- For the purposes of this section, the disability of a person shall cease,--
- (a) in the case of a widow, if she re-marries, on the date of her re-marriage or if any person succeeds to the widow on her death, on the date of her death;
- (b) in the case of a minor, on the date of his attaining majority;
- (c) in the case of a woman who is unmarried or who is divorced or judicially separated from her husband, on the date of her marriage or re-marriage, as the case may be, or in the case of a woman whose husband is a person falling under clause (d) or (e), on the date on which the disability of the husband ceases;
- (d) in the case of a person who is a member of the Armed Forces of the Union, on the date of his discharge from service or of his posting to the reserve;
- (e) in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist;
- (f) in the case of a person who is prosecuting studies in a recognised institution, on the date when he ceases to prosecute studies in that or any other recognised institution;
- (g) in the case of a person under detention or undergoing imprisonment, on the date when he is released from detention or imprisonment.
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