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Section 16: Sub-tenant to be tenant in certain cases

The Chhattisgarh Accomodation Control Act, 1961State Act of Chhattisgarh · Act 41 of 1961

(1) Where an order for eviction in respect of any accommodation is made under Section 12 against a tenant but not against a subtenant referred to in Section 15 and a notice of the sub-tenancy has been given to the landlord, the sub-tenant shall, with effect from the date of the order, be deemed to become a tenant holding directly under the landlord in respect of the accommodation in his occupation on the same terms and conditions on which the tenant would have held from the landlord, if the tenancy had continued.

(2) Where, before the commencement of this Act, the interest of a tenant in respect of any accommodation has been determined without determining the interest of any sub-tenant to whom the accommodation either in whole or in part had been lawfully sub-let, the subtenant shall, with effect from the date of the commencement of this Act, be deemed to have become a tenant holding directly under the landlord on the same terms and conditions on which the tenant would have held from the landlord, if the tenancy had continued.

[17. Recovery of possession for occupation and re-entry. - (1) Where a landlord recovers possession of any accommodation from the tenant in pursuance of an order made under clause (e) or clause (f) of sub-Section (1) of Section 12 the landlord shall not, except with the permission of the Rent Controlling Authority obtained in the prescribed manner, relet the whole or any part of the accommodation within two years from the date of obtaining such possession, and in granting such permission, the Rent Controlling Authority may direct the landlord to put such evicted tenant in possession of the accommodation.

(2) Where a landlord recovers possession of any accommodation as aforesaid and the accommodation is not occupied by the landlord if he is the owner thereof, or by the person for whose benefit the accommodation is held, within two months of obtaining such possession, or the accommodation having been so occupied is, at any time within two years from the date of obtaining possession, re-let to any person other than the evicted tenant without obtaining the permission of the Rent Controlling Authority under sub-Section (1) or the possession of such accommodation is transferred to another person for reasons which do not appear to the Rent Controlling Authority to be bonafide, the Rent Controlling Authority may, on an application made to it in this behalf by such evicted tenant within such time as may be prescribed, direct the landlord to put the tenant in possession of the accommodation or to pay him such compensation as the Rent Controlling Authority thinks fit.

(3) Where the landlord makes any payment to the tenant by way of compensation under sub-Section (7) of Section 12, the evicted tenant shall not be liable to refund the same to the landlord on being put in possession of the accommodation under sub-Section (1) or sub-Section (2).]

Where this provision sits

ActThe Chhattisgarh Accomodation Control Act, 1961
Section16
Marginal noteSub-tenant to be tenant in certain cases
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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