(1) Where a person in occupation of any residential preniiscs allotted to him by the Government or any local authority is required by, or in pursuance of, any general or special order made by that Government oi authority to vacate such residential accommodation, or in default to incur certain obligations, on the ground that he or his spouss or his dependent son or daughter, as the case may be, owns, in the National Capital Territory of Delhi a residential accommodation, there shall accrue, on and from the date of such order, to such person, his spouse or his dependent son or daughter, as the case may be, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediate possession of any premises let out by him, his spouse or his dependent son or daughter, as the case may be:
Provided that nothing in this section shall be construed as conferring a right on such person, his spouse or his dependent son or daughter, as the case may be, owning^ in the NationeC Capital Territory of Delhi;
two or more dwelling houses, to recover the possession of more than one dwelling house and it shall be lawful for such person, his spouse or his dependent son or daughter, as the case may be, to indicate the dwelling house possession of which he intended to recover.
Explanation,—For the purposes of this sub-section, sections 24, 25 and 26, immediate possession shall mean possession recoverable on the expiry of sixty days from the date of order of eviction,
(2) Where a landlord exercises the right of recovery conferred on him by sub-section (1) or section 22, 24, 25 or 26 and he had received,—
(a) any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of possession of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease;
(b) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract, agreement or lease bears to the total period of contract, agreement or lease:
Provided that, if any default is made in making any refund as aToresaid, the landlord shall be liable to pay simple interest at the rate of fifteen per cent, per annum on the amount which he has omitted nr failed to TH'IJUIJ:
Right to recover immediate possession of promise* to accrue to certain persons.
S*c- 1J 1HE GAZETTE OF INDIA EXTRAORDINARY 2i
Provided further that it shall be permissible for the landlord to set oil any amount which he is lawfully entitled to recover from the tenant against ihe refund due w) the tenant.
24. U) Where a person—
(a) is a released or retired person from any armed forces and the premises let out by him, his spouse or his dependent son or daughter, as the case may be, are required for his own residence; ur
(b) is a dependent of a member of any armed forces who had been killed in action and the premises let out by such member are required for the residence of the family of such member, Such person, his spouse or his dependent son or daughter, as the case may be, may, within one year from the date of his release or retirement from such armed forces or, as the case may be, the date of death of such member3 or within a period of one year from the date of commencement of this Act, whichever is later, apply to the Rent Authority for recovery of immediate possession of such preu ises.
(2) Where a person is a member of any of the armed forces and has a period of Jpss than one year preceding the date of his retirement and the premises let out by him, his spouse or his dependent son or daughter, as the case may be, are required for his own residence after his retirement, he, his spouse or his dependent sort or daughter, as the case may he, may, at any time, within a period of one year before the date of his retirement, apply to the "Rent Authority for recovery of immediate possession of such premises.
(3) Where the person, his spouse or his dependent son or daughter referred to in sub-section (1) or sub-section (2) has let out more than one premises, it shall be open to him, his spouse or his dependent son or daughter, as the case may be, to make an application under the sub-section in respect of only one of the premises chosen.
Explanation.—For the purposes of this section, "armed forces" means an armed force of the Union constituted under an Act of Parliament and includes a member of the police force constituted under section 3 of the Delhi Police Act, 1978.