The Controller shall, if he is satisfied that the claim of the landlord under section 23 is bonafide, make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by the Controller and if the Controller is not satisfied, he shall make an order rejecting the application:
Provided that in the case of an application under sub-section (3) of section 23, the Controller shall reject the application, if he is satisfied that the hardship which may be caused to the tenant by granting it will outweigh the advantage to the landlord:
23 In place of words “Any landlord” present words are substituted by Amendment Act (No. 20 of 1988) published in the Official Gazette, Series I No. 27 dated 6-10-1988.
Manual of Goa Laws (Vol. I) – 506 – Buildings (Lease, Rent and Eviction) Control Act
Provided further that the Controller may give to a tenant a reasonable time of not less than three months and not exceeding six months for putting the landlord in possession of the building and may extend such time so as not to exceed six months in the aggregate from the date of the order.
∗26. Special provision for certain classes of tenants.— No order for eviction shall be passed under section 23—
(i) against any tenant who is engaged in any employment or class of employment notified by the Administrator as an essential service for the purpose of this clause, unless the landlord is himself engaged in any employment or class of employment which has been so notified; or
(ii) in respect of any building which has been let for use as an educational institution and is actually being used as such, provided that the institution has been recognized by the Administrator or any authority empowered by him in this behalf.
27. Consequences of failure of landlord to occupy premises vacated under section
25.— (1) Where a landlord who has obtained possession of a building in pursuance of an order under section 25 does not himself occupy it and for the purpose specified in the order within one month of the date of obtaining possession or, having so occupied it, vacates it without reasonable cause within three years of such date, the tenant who has been evicted may apply to the Controller for an order directing that he shall be restored to possession of the building and the Controller shall make and order accordingly not withstanding anything contained in sections 4 to 10.
(2) Where a tenant who is entitled to apply for possession under sub-section (1) fails to do so within one month from the date on which the right to make the application accrued to him, the Authorised Officer shall have power, if the building is required for any of the purposes specified in sub-section (1) of section 6, to give intimation to the landlord that the building is so required, and thereupon the provisions of sections 4 to 10 shall apply to the building:
Provided that sub-section (2) shall not apply to a building to which the provisions of section 11 apply.