(7) When passing any order on the grounds specified In subclause (ii) of clause (c) of sub-section (1) of section 13, the court shall ascertain from the tenant whether he elects to be placed in reoccupation of the premises or part thereof from which he is to be evicted and If the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence Jhe work of carrying out of repairs or building or re-building, as the case may he.
Recovery of possession for repairs and re-building and re-entry.
ISTGofI—2.
t*0 THf GAZETTE OF INTXIA EXTRAORDINARY [PAHT H
(2) If the tenant delivers possession on or before the date specified In the order, the landlord shall, on the completion of the work of repairs or alterations or additions place the tenant in occupation of The premises or part thereof.
X3) If, after the tenant has delivered possession on or before the date specified In the order, the landlord fails to commence the work of repairs or alterations or additions within one month of the specified date or fails To complete the work in a reasonable time or having completed the work, fails to place the tenant in occupation of the premises In accordance with sub-section (2), the court may, on the application of the tenant made within one year from the specified date, order the landlord to place the tenant in occupation of the premises or part thereof or to pay to such tenant such compensation as may be fixed by the court.
Recovery of poosei- •lon In COM of tenancies for limited period.
18. Where a landlord does not require the whole or any part of any premises for a particular period and he lets the whole of the premises or part thereof as a residence for such period as may be agreed to In writing between himself and the tenant and the tenant does not on the expiry of the said period, vacate such premises, then, notwithstanding anything contained In section 13 or In any other law, the court may, on an application made to it in this behalf by the landlord within such period as may be prescribed, place him in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be In occupation of such premises.
Special provision for recovery o* possession in certain cases.
19. Where the landlord in respect of any premises Is any company or other body corporate or any local authority, or any public institution and the premises are required for the use of employees of such landlord or In the case of a public institution, for the furtherance of Its activities, then, notwithstanding anything contained in section 13 or In any other law, the court may, on an application made to It in this behalf by such landlord, place the landlord in vacant possession of such premises by evicting the tenant and every other person who may be In occupation thereof, if the court is satisfied,—
(a) that the tenant to whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment; or
(b) that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises; or
(c) that any other person Is in unauthorised occupation of such premises; or &«. 1] ftlE 0A2ETTtt OF INDlA IBXTHAOftMNAttY Ap
(d) that the premises are required bona fide by the public institution for the furtherance of its activities.
Explanation.—For the purposes of this section, "public institution" includes any educational institution, library, hospital and charitable dispensary.
20. Where the landlord proposes to make any improvement in» or construct any additional structure on, any building which has been let to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure, and the court, on an application made to it in this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that such work will not cause any undue hardship to the tenant, the court may permit the landlord to do such work and may make such other order as it thinks Jit in the circumstances of the case.
Petmiaslon to con- Btruct additional structure.
21. (I) The provisions of this section shall apply notwithstanding anything contained in section 13, but only in relation to premises in such areas as the Chief Commissioner may from time to time by notification in the Official Gazette specify.
Special provision* regarding vacant building sites.
(2) Where any premises which have been let comprise vacant land upon which it is permissible under the building regulations or municipal bye-laws, for the time being in force, to erect any building, whether for use as a residence or for any other purpose and the landlord proposing to erect such building is unable to obtain possession of the land from the tenant by agreement with him, and the court, on an application made to it in this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that the severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the court may—
(o) direct such severance,
(b) place the landlord in possession of the vacant land,
(c) determine the rent payable by the tenant in respect of the rest of the premises, and
(d) make such other order as it thinks fit in the circumstance* of the casa 22, (1) Where, after the commencement of this Regulation, any premises are sublet either in whole or in part by the tenant, with the previous consent in writing of the landlord, the tenant or the sub-tenant to whom the premises are sublet, may, in the prescribed manner, give notice to the landlord of the creation of the sub-tenancy within one month from the date of such subletting and notify th© Notice of creation and termination of subtenancy.
a54 THE GAZETTE Ot INDlA BJCTRAOfiDmARY [PAR* 11 termination of such sub-tenancy within one month of such termination.
(2) Where, before the commencement of this Regulation, any premises have been lawfully sublet either in whole or in part by the tenant, the tenant or the sub-tenant to whom the premises have been sublet may, in the prescribed manner, give notice to the landlord of the creation of the sub-tenancy within six months of the commencement of this Regulation, and notify the termination of such sub-tenancy within one month of such termination.
(3) Where in any case mentioned in sub-section (2), the landlord contests that the premises werje not lawfully sublet, and an application is made to the court in this behalf, either by the landlord or by the sub-tenant, within two months of the date of the receipt of the notice of subletting by the landlord or the issue of the notice by the tenant or the sub-tenant, as the case may be, the court shall decide the dispute.
Sub-tenant to be tenant In certain CUM.