(1) A landlord may, subject to the provisions of section 24, apply to the Controller for an order directing the tenant to put him in possession of the building— 15[*].
(a) in case it is a residential building,—
(i) if the landlord is not occupying a residential building of his own in the city, town or village concerned and he requires it for his own occupation or for the occupation of any member of his family; or 13 By the Amendment Act (No. 12 of 1992) the words “in place where such dwelling house is situated” were inserted.
However by the Amendment Act No. 4 of 2006, published in the Official Gazette, Series I No. 51 dated 23rd March, 2006 above expression is substituted, this Amendment came into force w.e.f. date of publication.
14 Proviso omitted by G.D.D. 11 of 1976. S. 2 (Official Gazette, Series I No. 9 dated 27-5-1976).
The omitted proviso reads as follows:
“Provided that in any case falling under clause (a), if the controller is satisfied that the tenants’ default to pay or tender rent was not without reasonable cause, he may, not withstanding anything contained in section 32, give the tenant a reasonable time, not exceeding thirty days, to pay or tender the rent due by him to the landlord upto the date of such payment or tender the application shall be rejected”.
15 Added Ibid.
Manual of Goa Laws (Vol. I) – 500 – Buildings (Lease, Rent and Eviction) Control Act
(ii) if the landlord who has more buildings than one in the city, town or village concerned is in occupation of one such building and he bonafide requires another building instead, for his own occupation;
(b) in case it is a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, if the landlord requires if for his own or to the possession of which he is entitled in the city, town or village concerned which is own or to the possession of which he is entitled whether under this Act or otherwise:
Provided that a person who becomes a landlord after the commencement of the tenancy by an instrument ‘inter vivos’ shall not be entitled to apply under 16 [this sub- -section] before the expiry of five years from the date on which the instrument was registered :
17[Provided further that in case of gift from parents the above period of five years shall be reduced to two years]:
Provided further that where a landlord has obtained possession of a building under this section, he shall not be entitled to apply again under this section—
(i) in case he has obtained possession of a residential building for possession of another residential building of his own;
(ii) in case he has obtained possession of a non-residential building for possession of another non-residential building of his own.
(2) Where the landlord of a residential building is a religious, charitable, educational or other public institution, it may, if the building is required for the purposes of the institution, apply to the Controller, subject to the provisions of section 24, for an order directing the tenant to put the institution in possession of the building.
(3) A landlord who is occupying only a part of a residential building, may notwithstanding anything in sub-section (1), apply to the Controller for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession thereof, if he requires additional accommodation for his own use or for the use of any member of his family.
Explanation:— For the purpose of this section, a landlord means a person, on account of or on behalf of or for the benefit of whom the rent of a building is received but does not include an agent, trustees, guardian or receiver.