(1) Where a landlord wishes to increase the rent of any premises, he shall give the tenant notice of his intention to do so; and in so far as such increase is lawful under this Regulation, it shall be due and recoverable only in respect of the period of the tenancy after the end of the month in which the notice is given.
(2) Every notice under sub-section (1) shall be in writing signed by or on behalf of the landlord and given in the manner provided in section 10(i of the Transfer of Property Act, 1882. 4 of 1862.
Jourt o fix bandar, ent, etc
8. (1) The court shall, on an application made to it in this behalf, either by the landlord or by the tenant, in the prescribed manner, fix in respect o± any premises—
(a) the standard rent; or
(b) the lawful increase permissible under section 6.
(2) In fixing the standard rent of any premises or the lawful increase thereof, the court shall fix an amount which appears to it to be reasonable having regard to the provisions contained in the Schedule or section 6 and the circumstances of the case.
(3) In fixing the standard rent of any premises part of which has been lawfully sublet, the court may also fix the "standard rent of the part sublet.
(4) Where for any reason, it is not possible to datermine the standard rent of any premises on the principles set forth in the Schedule, the court may fix such rent as would be reasonable having SEC. 1] TtlE GAZETTE OF INDlA EXTRAORDINARY 24^ regard to the situation, locality and condition of the premises and the amenities provided therein and where Lhere are similar or nearly similar premises in the locality, having regard also to the standard rent payable in respect of such premises :
Provided that no standard rent so fixed shall exceed seven and one-half per cent, of the reasonable cost ol construction at the time of the completion of such construction.
Explanation.—For the purposes of this proviso, "cost of construction" of any premises includes the market price of the land comprised in the premises at the time of the completion of such construction.
(5) The standard lent shall in all cases be fixed for a tenancy of twelve months :
Provided that where any premises are let or re-let for a period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual standard rent as the period of tenancy bears to twelve months.
(6) In fixing the standard rent of any premises under this section, the court shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant.
(7) In fixing the standard rent of any premises under this section, the court shall specify the date from which the standard rent so fixed shall be deemed to have effect:
Provided that in no case the date so specified shall be earlier than six months prior to the date of the filing of the application for the fixation of the standard rent.
ft. If an application for fixing the standard rent or lor determining the lawful increase of such rent is made under section 8, the court, shall, as expeditiously as possible, make an order specifying the amount of the rent or the lawful increase to be paid by the tenant to the landlord pending final decision on the application and shall appoint the date from which the rent or lawful increase so specified shall be deemed to have effect.
Fixation of interim rent by the court.
10. No collector of rent or middleman shall be liable to pay to his principal, in respect of any premises, any sum by way of rental charges which exceeds the amount which he is entitled under this Regulation to realise from the tenant or tenants of the premises.
Limitation of liability of middleman.
246 THE GAZETTE OF IJJDIIA EXTRAORDINARY [PASX it Limitation for applications for fixation of standard rent.
11. No application under section 8 shall be entertained unless it Is made—
(a) in the case of any premises which were let, or in which the cause of action for lawful increase of rent arose before the commencement of this Regulation, within six months from such commencement;
(b) in the case ol any premises let after the commencement of this Regulation, whether the application is made by the landlord or the tenant, within six months from the date on which the premises were so let;
(c) in the case of premises in which the cause of action for lawful increase of rent arises after the commencement of this Regulation, within six months from the date on which the cause of action arises.
Refund of rent, etc
12. Where, before the commencement of this Regulation, any sum or other consideration has been paid by or on behalf of a tenant to a landlord and such payment would, if made after such commence^ ment, contravene the provisions of this Regulation, the court may, on an application made in this behalf, within six months of such commencement, order the landlord to refund to the tenant such sum or the value of such consideration or adjust the same against the rent lawfully payable by the tenant to the landlord Protection of a tenant against •viction.
CHAPTER III CONTROL OF EVICTION OF TENANT
13. (I) Notwithstanding anything to the contrary contained in any other law or any contract, no tenant of any premises shall be liable to be evicted therefrom except by an order of the court on any one or more of the following grounds, namely: —
(a) that the tenant has neither paid nor tendered the whole of the arrears of rent legally recoverable from him within one month of the date on which a notice of demand for the arrears of the rent has been served on him by the landlord in the manner provided in section 106 of the Transfer of Property Act, 1882;
(b) that the tenant has, without obtaining the consent in writing of the landlord, sublet the premises or used the premises for a purpose other than that for which they were let;
(c) that the landlord requires the premises bcma fde for—
(i) occupation as residence for himself or any member of his family;
4 of 1882.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 247
(il) carrying out repairs, alterations or additions to the premises and such repairs, alterations or additions cannot be made without the premises being vacated;
(d) that the premises were let for use as residence and neither the tenant nor any member of his family has been residing therein for a period of six months immediately before the date of institution of any proceeding for eviction;
(e) that the tenant has, whether before or after the commencement of this Regulation, built, acquired vacant possession of, or been allotted, a suitable residence;
(f) that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this Regulation, to be in such service or employment; or
(g) that the tenant has, whether before or after the commencement of this Regulation, caused or permitted to be caused substantial damage to the premises, or notwithstanding previous notice, has used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government while giving him a lease of the land on which the premises are situated.
(2) No order for eviction shall be passed on the ground specified in clause (a) of sub-section (1), if on the first day of hearing of the proceeding or within such further time as may be allowed by the court, the tenant deposits with the court the arrears of rent then due together with the costs of the suit:
Provided that no tenant shall be entitled to the benefit under this sub-section, if having obtained such benefit once in respect of any premises, he again makes default in the payment of rent in respect of Ihose premises for three consecutive months.
(3) For the purposes of clause (b) of sub-section {1), a court may presume that the premises let for use as a residence were or are sublet by a tenant in whole or in part to another person, if it is satisfied thai such person not being a servant of the tenant or a member of the family of such tenant was or has been residing in the premises or any part thereof for a period exceeding one month otherwise than in commensality with the tenant.
(4) Where an order for the eviction of the tenant is passed on the ground specified in sub-clause (i) of clause (c) of sub-section (1) the landlord shall not be entitled to obtain possession thereof before the .expiration of a period of three months from the date of "the order 248 THE GAZETTE OF INDOA EXTRAORDINABY [PART II When a tenant can get benefit of protection against eviction.