(1) Atenantshall notbeevicted during the continuance of tenancy agreement unless otherwise agreed to in writing by the landlord and tenant, exc€pt in accordance with the provisions of sub-section (2) or in accordance with the provisions of section 22.
(2) The Rent Court may, on an application made to it by the landlord in such manner as may be prescribed, make an order for eviction and recovery of possession of the premises on one or more of the following grounds, namely:-
(a) that the tenant refuses to pay the rent payable under section 8i
(b) thatthe tenant has not paid the arrears of rent and other charges payable in full as specified in sub-section (1) of section 13 for two consecutive months, including interest for delayed payment as may be specified in the tenancy agreement within a period ofone month from the date of service of notice of demand for payment of such arrears of rent and other charges payable to the landlord in the manner provided in sub-section (4) of section 106 of the Transfer of Property Act, 1882;
(c) that the tenant has, after the commencement of this Act, parted with the possession of whole orany part of the premises without obtaining the written consent of the landlord;
(d) that the tenant has continued to misusi the premises even afler receipt of notice from the landlord to desist from such rnisuse.
Explanation- For the purposes of this clause, "misuse of premises,, means encroachment of additional space by the tenant or use of premises wh,ch causes public nuisance or causes damage to the property or is detrimental to the interest of the landlord orfor immoral or illegal purposes;
(e) where it is necessary for the landlord to carry out any repair or construction or rebuilding or addition oralteration or demolition in respect of the premises or any part thereof, which is not possible to be carried outwithout the premises being vacated:
Provided that after such repair, construction, rebuilding, addition or alteration, the lenant may be allowed to reoccupy the premises only when it has been mutually agreed to between the landlord and the tenant and a new tenancy agreement has been submifted with the Rent Authority:
Provided further that the tenant shall not be allowed to reoccupy the premises-
(i) in the absence of submission of such mutual tenancy agreement with the Rent Authority; and
(ii) in cases where the tonant has heen evicted under the orders of a Rent Court;
(f) that the premises or any part thereof is required by the landlord for carrying out any repairs, construction, rebuilding, additions, alterations ordemolition, for change of its use as a consequence of cnange of land use by the competent authority.
Explanation- For the purposes of this clause, the expression "competent authority" means the Municipal Corporation orthe Municipality or the Development Authority or any other authority, as the case may be, which provides permission on matters relating to repair or redevelopment or demolition of building or permission for change in land use:
Eviction and recovery of possession of premises by landlord.
I TheArunachal Pradesh Extraordinary Gazette, Novembe. 15, 2022
(g) that the tenant has given written notice to vacate the premises let out on rent and in consequence of that notice the landlord has contracted to sell the said premises or has taken any other step, as a result of which his interests would seriously sutfer if he is not put in possession ofthat premises;
(h) that the tenant has carried out any structuralchange or erected any permanent structure in the premises let out on rent without the written consent of the landlord.
(3) No order for eviction of the tenant on account of failure to pay the rent specified in clause (b) of sub-section (2) shall be made, if the tenant makes payment to the landlord or deposits with the RentAuthority the arrears of rent and other charges payable, if any, including interestwithin one month from the date of service ofthe said demand notice upon him.
(4) Where the tenant fails to pay rent consecuflvely for two months subsequent to the grant of the rellef specified in sub-seciion {3) in any cne year, then the tenant shall not be entitled to such relief again.
(5) ln any proceedings for eviction under clause (e) of sub-section (2), the Rent Court may allow eviction from only a part of the premises, if the landlord agrees for the same.
22. l1) (2',, Notwithstanding anything contained in this Act or any other law for the time being in force, in case ofdeath of the landlord, where there is a bonafide requirement of the premises letout on rent bythe legal heirs ofthe landlord during the period of tenancy, such legal heirs may flle an application in this behalf for eviction and recovery of possession ofthe said premises before the Rent Court in such form and manner, as may be prescribed.
The Rent Cou may, on an application made to it under sub-section (1), if it is satisfied that the legal heirs ofthe deceased landlord are in bonafide requirement of the premises let out on rent, pass necessary orders against the tenant for handing over vacant possession of the said premises to the legal heirs of the deceased landlord.
Eviction and recovery of possession of premises in case of death of landlord.
23. Where the tenant fails to vacate the premises le.t out on rent in accordance with the tenancy agreementon the expiration of the perioc oftenancy or termination oftenancy by an order or notice under the provlsions of this Act, such tenant shall be liable to pay the landlord -
(a) twice the monthly rent for the first two months; and
(b) thrice the monthly rent thereafter till the tenant continues to occupy the said premises.