(1) Notwithstanding anything contained in this Act 77[but subject to the provisions of section 15], a landlord shall be entitled to recover possession of any premises if the Court is satisfied-
(a) that, the tenant has committed any act contrary to the provisons of clause (o) of section 108 of the Transfer of Property Act, 1882; or
(b) 78[that, save as otherwise provided in section 23A, the tenant] has, without the landlord's consent given in writing, erected on the premises any permanent structure; or
(c) that the tenant or any person residing with the tenant has been guilty of conduct which is a nuisance or annoyance to the adjoining or neighbouring occupier, or has been convicted of using the premises or allowing the premises to be used for immoral or illegal purposes; or
(d) that the tenant has given notice to quit and in consequence of that notice the landlord has contracted to sell or let the premises or has taken any other steps, as a result of which he would, in the opinion of the Court, be seriously prejudiced if he could not obtain possession of the premises; or
(e) that the tenant has, since the coming into operation of this Act 79[unlaw-fully sub-let] the whole or part of the premises or assigned or transferred in any other manner his interest therein; or 80[(ee) that the tenant has, after the commennent of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 1963, given the whole or any part of the premises on licence for monetary consideration to any person, without the previous permission of the landlord; or ] When landlord may recover possession.
IV of 1882.
Guj. LVII of 1963.
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 19 of 45
(f) that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the coming into operation of this Act, to be in such service or employment; or
(g) that the premises are reasonably and bonafide required by the landlord for occupation by himself or by any person for whose benefit the premises are held 81[or where the landlord is a trustee of a public charitable trust that the premises are required for occupation for the purpose of the trust]; or
(h) that the premises are reasonably and bonafide required by the landlord for carrying out repairs which cannot be carried out without the premises being vacated; or 82[(hh) that the premises consist of not more than two floors and are reasonably and bonafide required by the landlord for the immediate purpose of demolishing them and such demolition is to be made for the purpose of erecting new building on the premises sought to be demolished; or] 83[(hhh) that the premises are required for the immediate purpose of demolition ordered by any local authority or other competent authority; or]
(i) that where the premises are land, such land is reasonably and bonafide required by the landlord for the erection of a new 84[* *] building; or 85[(ii) that where the premises are land in the nature of garden or grounds appurtenant to a building or part of a building, such land is required by the landlord for the erection of a new residential building which a local authority has approved or permitted him to build thereon;]
(j) that the rent charged by the tenant for the premises or any part thereof which are sub-let 86[before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959] is in excess of the standard rent and permitted increases in respect of such premises or part or that the tenant has received any fine, premium, other like sum or consideration in respet of such premises or part; or
(k) that the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the suit; or
(l) that the tenant after the coming into operation of this Act has built, acquired vacant possession of or been allotted a suitable residence.
87[Explanalion.-For the purposes of clause (b), no permanent structure shall deemed to be erected on any premises merely by reason of the construction of a partition wall, door or lattice work or the filling of kitchen-stand or such other alterations made in the premises as can be removed without serious damage to the premises.]
(2) No decree for eviction shall be passsed on the ground specified in clause
(g) of sub-section (1) if the Court is satisfied that, having regard to all the circumstances of the case including the question whether other reasonable accommodation is available for the landlord or the tenant greater hardship would be caused by passsing the decree than by refusing to pass it.
Bom. Ord. No. III of 1959.
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 20 of 45 Where the Court is satisfied that no hardship would be caused either to the tenant or to the landlord by passing the decree in respect of a part of the premises, the Court shall pass the decree in respect of such part only.
88[Explanation.-For the purposes of clause (g) of sub-section (1) -
(a) a person shall not be deemed to be a landlord unless he has acquired his interest in the premises at a date prior to the beginning of the tenancy or the first day of January, 1964, whichever is later, or if the interest has devolved on him by inheritance or succession, his predecessor-in-title had acquired the interest at a date prior to the beginning of the tenancy or the first day of January, 1964, whichever is later;
(b) the expression "landlord" shall not include a rent-farmer or rentcollector.]
(3) The Court may pass the decree on the ground specified in clause (h) or (i) of sub-section (1) only in respect of a part of the premises which in its opinion it is necessary to vacate for carrying out the work of repairs or ercection.
89[(3A) No decree for eviction shall be passed on the ground specified in clause (hh) of sub-section (1), unless the landlord produces at the time of the institution of the suit a certificate granted by the Tribunal under sub-section (3B) and gives an undertaking-
(a) that the new building to be erected by him shall 90[subject to the provisions of any rules, bye-laws or regulations, made by a local authority,] contain not less than 91[two] times the number of residential tenements, and not less than 91[two] times the floor area, contained in the premises sought to be demolished;
(b) that the work of demolishing the premises shall be commenced by him not later than one month, and shall be completed not later than three months, from the date he recovers possession of the entire premises; and
(c) that the work of erection of the new building shall be completed by him not later than fifteen months from the said date:
92[Provided that, where the Court is satisfied mat the work of demolishing the premises could not be commenced or completed, or the work of erection of the new building could not be completed, within time for reasons beyond the control of the landlord, the Court may by order extend the period by such further periods, not exceeding three months at a time, as may, from time to time, be specified.]
(3B) (a) For the purposes of sub-section (3A), the State Government may from time to time constitute a Tribunal consisting of such persons and for such local area as it thinks fit.
(b) The Tribunal constituted under clause (a) may grant a certificate after being satisfied that-
(i) the plans and estimates for the new building have been properly prepared;
93 [* * * * * * *]
(iii) the necessary funds for the purpose of the erection of the new building are available with the landlord; and Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 21 of 45
(iv) such other conditions as the State Government may by general or special order specify, have been satisfied.
(c) The proceedings before the Tribunal shall be in the manner as may be prescribed by rules made by the State Government in this behalf.]
(4) For the purposes of clause (j) of sub-section (1) the standard rent or permitted increases in respect of the part sub-let shall be the amounts bearing such proportion to the standard rent or permitted increases in respect of the premises as may be reasonable having regard to the extent of the part sub-let and other relevant considerations.