Eviction of tenants

(2) (c) The order of the Rent Control Court directing the tenant to put the landlord in possession of the building shall not be executed before the expiry of one month from the date of such order or such further period as the Rent Control Court may in its discretion allow ; and if the tenant deposits the arrears of rent with interest and cost of proceedings within the said period of one month or such further period, as the case may be, it shall vacate that order. (3) A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building if he bona fide needs the building for his own occupation or for the occupation by any member of his family dependent on him: Provided that the Rent Control Court shall not give any such direction if the landlord has another building of his own in his possession in the same town or village except where the Rent Control Court is satisfied that for special reasons, in any particular case it will be just and proper to do so; Provided further that the Rent Control Court shall not give any direction to tenant to put the landlord in possession, if such tenant is depending for his livelihood mainly on the income derived from any trade or business carried on in such building and there is no other suitable building available in the locality for such person to carry on such trade or business; Provided also that no landlord whose right to recover possession arises under an instrument of transfer inter vivos shall be entitled to apply to be put in possession until the expiry of one year from the date of instrument; Provided always that if a landlord after obtaining an order to be put in possession transfers his rights in respect of the building to another person, the transferee shall not be entitled to be put in possession unless he proves that he bona fide needs the building for his own occupation or for the occupation by any members of his family dependent on him. (4) A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building— (i) if the tenant, after the commencement of this Act, without the consent in writing of the landlord, transfers his right under the lease or sub-lets the entire building or any portion thereof if the lease does not confer on him any right to do so; Explanation. Where on the partition of a joint family or of the rights of co-tenants, or on the dissolution of a firm, the rights of the joint family or the co-tenants or the firm under a lease is vested in a member of the joint family, or co-tenant or a partner, as the case may be, whether by act of parties or otherwise, no transfer by the tenant of his right under the lease shall be deemed to have taken place within the meaning of this clause; or (ii) if the tenant uses the building in such manner as to destroy or reduce its value or utility materially and permanently; or (iii) if the tenant already has in his possession building or subsequently acquired possession of or constructs building reasonably sufficient for his requirements in the same town or village; or (iv) if the building is in such a condition that it needs reconstruction and if the landlord requires bonafide to reconstruct the same and if he satisfies the Rent Control Court that he has plan and licence, if any required and the ability to re-build and if the proposal is not made as a pretext for eviction: Provided that the landlord who evicts a tenant and does not reconstruct completely the building within a time which may be fixed or extended by the Rent Control Court, shall on a petition before that Court be liable to a fine of Rs. 500, if it is proved that he has wilfully neglected to reconstruct completely the building within such time; Provided further that the Rent Control Court shall have power at any time to issue directions regarding the reconstruction of the building and on failure of compliance by the landlord, to give effect to the order in any manner the Rent Control Court deems fit and in appropriate cases to put the tenant back in possession or award to the evicted tenant damages equal to the excess rent he has to pay for another building that he is occupying in consequence of such eviction; Provided also that the tenant who was evicted shall have the first option to have the reconstructed building allotted to him with liability to pay its fair rent; or (v) if the tenant ceases to occupy the building continuously for six months without reasonable cause. (5) A landlord who wants to renovate the building may apply to the Rent Control Court for an order directing the tenant to permit the landlord to enter and carry out the renovation within a time to be fixed by the Rent Control Court and the Rent Control Court may issue such orders, as it deems fit, and the tenant shall be bound to abide by the orders of the Rent Control Court. (6) A tenant whose building has been renovated under sub-S. (5) shall be liable to pay enhanced rent so as to assure the landlord a rent equal to the rent for a similar building with similar amenities in the locality. (7) Where the landlord of a building is a religious, charitable, educational or other public institutions, it may, if the building is needed for the use of the institution, apply to the Rent Control Court, for an order directing the tenant to put the institution in possession of the building. (8) A landlord, who is occupying only a part of a building, may apply to the Rent Control Court for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession thereof, if he requires additional accommodation for his personal use. (9) Where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply to the Rent Control Court before the expiry of such period. (10) The Rent Control Court shall, if it is satisfied that the claim of the landlord under sub-S. (3), (4), (7) or sub-S. (8) is bonafide, make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by the Rent Control Court, and if the Rent Control Court is not so satisfied, it shall make an order rejecting the application: Provided that in the case of an application made under sub-S. (8) the Rent Control Court shall reject the application if it is satisfied that the hardship which may be caused to the tenant by granting it will outweigh the advantage to the landlord; Provided further that the Rent Control Court may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in the aggregate. (11) Notwithstanding anything contained in sub-Ss. (1) to (10) no order for eviction or for putting the landlord in possession shall be passed— (i) against any tenant who is engaged in any employment or class of employment notified by the Government as an essential service for the purpose of this sub-section, unless the landlord is himself engaged hi any employment or class of employment which has been so notified, and the landlord requires the building for his own occupation; or (ii) in respect of any building which has been let for use as an educational institution, and is actuary being used as such, the institution being recognised by the State Government in this behalf, so long as such recognition continues. (12) Where a landlord who has obtained possession of a building in pursuance of an order under sub-S. (3), does not occupy it without reasonable cause within one month of the date of obtaining possession, or having so occupied it, vacates it without reasonable cause within six months of such date, the tenant who has been evicted may apply to the Rent Control Court for an order directing that he shall be restored to possession of the building, and the Rent Control Court shall make an order accordingly notwithstanding anything contained in S. 4. (13) Where a tenant who is entitled to apply for possession under sub-S. (12) fails to do so without reasonable cause within one month from the date on which the right to make the application accrued to him the officer referred to in sub-S. (1) of S. 4, shall have power, if the building is required for any of the purposes or for occupation by any of the officers of persons specified in sub-S. (3) of that section to give intimation to the landlord that the building is so required, and thereupon the provisions of sub-Ss. (5) and (8) of S. 4 shall apply to the building: Provided that the sub-section shall not apply to a building the monthly rent of which does not exceed Rs. 15. (14) Where this Rent Control Court is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Rent Control Court may direct that compensation not exceeding Rs. 50 be paid by such landlord to the tenant. (15) Where an application made under sub-S. (2), (3), (4), (5), (7), or sub-S. (8) for evicting a tenant has been rejected by the Rent Control Court, the tenancy shall, subject to the provisions of this Act, be deemed to continue on the same terms and conditions as before and shall not be terminable by the landlord except on one or more of the grounds mentioned in the above said sub-sections, (16) Notwithstanding anything contained in this section, no person who is receiving or is entitled to receive the rent of a building merely as an agent of the landlord shall, except with the previous written consent of the landlord, be entitled to apply for the eviction of a tenant.