(1) A landlord who seeks t o evict his tenant Gndi.nl shall apply to the Controller for a direction in that , v ~ c b behalf. a tenant a n be ejacted.
(2) If the Controller, after giving the tenant 5 reasonable opport~mity of showing cause against the application, is satisfied-
(i) t.hat the tenant has not paid or tendered the rent d u e from him in respect of the house within thirty days after the expiry of the time fixed ir, the agreement of the tenancy with the landlord for payment of rent or i n the absence of any such agreement by the last day of the month next following that for whichthe rent is payable; or
(ii) tbat the tenant has without the written, consent of the landlord- , . (a) transferred his right under the lease or sub-let the cntirc house or any portion thereof ( i f the Iease, does not confer on ,him any right to do so):; or .
(b) used the house for a purpose other than that for which it was let out; or
(iii) that the tenant has conimitted such acts of damage a s are likely to impair materially t h e value . or utiIity df the house ; or ,
(iv) that the tenant has denied the title of the landlordorclaimedaiight of perinanent .
tenancy and that such denial or claim is not bona fidq .
he shall make an order directing tbc tenant to put the landlord in possession of the house and if the Controller is not so satisf ed, he shall make an order rejecting the application:
Providcd that in any case falli r~g under dau4se.(i).
if the controller is satisfied that the tenant's default to pay or tender rent was not wilful, he may give the tenant a reasonable time not exceeding fifteen dkyshto pay or tender the rent due from him to the land-lord up to the date ~f such payment or tender and on such - ' payment or tender the application shall be rejected.
(3) When an application is made for the eviction + of any tenant on the grounds specified in clause (i> of -. . sub-section ( 2 ) the tenant shall r m i t the arrear pent as, admitted by him up to the date of such remittanceto the landlo~d. or deposit the same with Cantroller failing which he shall not be entitled to contest the proceedings.
(4) The landlord may, subject to the provisions of this Act, apply to the Controller for- an order directing the tenant to put him in possession of the house, if be requires the house in good -fddiih for the occupation or use of himselfi any niember of his family-or of any person or persons f b r whose benefit the house is held by him.
(5) Notwi thstaading anything contained in section 106 of theTransfer of Property Act, 1882 it 4 d 1882 sh'afl not Cj'e* necessar.y for the landlo~d to serve a notice for termination of'the tenancy on tHe tenant for the purposes of. pro.meding$ under this, section.
@)'No, proceedings, whether. for eviction of the tenant or for execution of an order of eviction, instituted under the Orissa House Rent Control Act, 1958- shall .be challenged merely. on the ground that no such notice' as aforesaid had been served on the tenamt:befor;e institution of such proceedings;
Bar of claim 8. When the ControIIel: has d :- terruined. the fairin cxccss of . .
[hc deter- rent of a housemiacd rcnt aad rcfund of excess paymcn~. , (a). the ldndlord. shall-t~ot.claim-: and. shd1 not ': be entitled to. any renb in- excess of the rent so determined;
(b) any agreement for the payment of rent in excess of the rent so det~rmined, .,shall be null and voied in respect of such excess and be construed as if it were a11 agreement for payment of such determined rent; and
(c) any sum in excess of the determined rent paid after the datc of appIicat ion unc'er sectioll 5 i n ~espect of a house for zny pericd after the said date shall be refunded
1.0 the Terson by whom it was 'paid, or at the .option of such person ,otherw,ise adjusted.