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Section 26

The Arunachal Pradesh Tenancy Act, 2022State Act of Arunachal Pradesh · Act 17 of 2022

(1) Tenant shall not carry out any structural change or erect any permanent structure in the premises let out on rent without the written consenr of the landlord.

Refund of advance rent by landlord.

Permission to build additional structures.

Enhancement of rent in case of refusal by tenant to vacate.

Payment of rent during eviction proceedings.

TheArunachal Pradesh Extraordinary Gazette, Novembet 15, 2022 I

(3) 27 . (1)

(2)

(2) Where the landlord proposes to make any improvement in or construct any additional structure on any premises which has been let out to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure, the landlord may make an application in this behalf to the Rent Court.

On an application made by the landlord under sub-section (2), if the Rent Court is satisfied that the landlord is ready and willing to commence the work which is necessary, the Rent Court may permit the landlord to do such work and may make such other order as it may deem fit:Provided that such improvement or additional structure shall not decrease or diminish or deteriorate the accommodation or housing services in the premises which may cause undue hardship to the tenant.

Provided further that at shall be the responsibility ofthe tenant to remove any such additional structure built by the tenant without consent of landlord.

Notwithstanding anything contained in section 21 or section 22, where any premises let out for rent comprises vacant land, upon which it is permissible under the municipallaws for the time being in ficrce to erect any building whether for residence or for any other purpose, and the landlord who intends to erect such building is unable to obtain possession of the same from the tenant on the basis of the tenancy agreement, the landlord or, in case of death of the landlord, his legal heirs, may ,ile an application in this behalf, in such form and manner as may be prescribed, before the Rent Court.

The Rent Court may, on receipt of the application referred to in sub-section (1), if it is satisfied that the landlord is or, as the €se may be, his legal heirs are ready and willing to commence the work and that lhe severance of the vacant land from the rest of the premises shall not cause undue hardship to the tenant,-

(a) direct such severance after such enquiry as it may deem fit;

(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 orders as it may deem fit in the circumstances of the case.

Special provision regarding vacant land 28 Notwithstanding anything contained in any other la\r/ for the time being in force, where the interest, of a landlord or in case of death of the landlord, cr his legal heirs in any premises is determined for any reason whatsoeverand any oder is made by the Rent Court under this Act for the recovery of possession of such premises, such order shall, subject to the provisions of sub-section (3) of section 21, be binding on all occupants who may be in occupation of the premises and vacant possession thereof shall be given by allsuch occupants to the landlord or to the legal heirs ofthe landlord.

29. Notwithstanding anything contained in this Act or any other law for the time being in force, a tenant may give up possession ofthe premises by giving such written notice as required under the tenancy agreement and in absence of any stipulation relating to such notice, the tenant shall give notice to the landlord of at,east one month before giving up possession of the premises.

Vacant Possession to Iandlord.

Provisions regarding notice of giving up possession by tenant.

Power and functions of Rent Authority.

CHAPTER. VI RENTAUTHORITIES, THEIR POWERS AND APPEALS

30. The State Government may by notification, in Ofl:cial Gazette, appoint a person not RentAuthority below the rank of Executive Magistrate or Sub-Sivisional Otficer of the Town/City shall be appoinled to be the RentAuthority.

31. The RentAuthority shall have all the powers as are vested in a Rent Court under this Act in respect of any proceedings initiated under sections 4, 9, 10, 14, 15, 19 or section 20 and the procedures as laid down in sections 35 and 36 shall apply in such proceedings.

Where this provision sits

ActThe Arunachal Pradesh Tenancy Act, 2022
Section26
JurisdictionState of Arunachal Pradesh
StatusIn force as published by the source

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