(1) Where an order directing delivery of possession has been passed by the Controller under clause (b) of sub-section (1) of section 14 and the work of demolishing any material portion of the building has not been substantially commenced by the landlord within the period of one month in accordance with his undertaking under clause (b) of sub-section (2) of section 14, the tenant may give the landlord notice of his intention to occupy the building the possession of which he delivered. If, within fifteen days from the date of receipt of such notice, the landlord does not put him in possession of the building on the original terms and conditions, the tenant may make an application to the Controller within eight, weeks of the date on which he put the landlord in possession of the building. The Controller shall order the landlord to put the tenant in possession of the building on the original terms and conditions.
*[(2) Where in pursuance of an order passed by the Controller under clause
(b) of sub-section (1) of section 14, any building is totally demolished and a new building is erected in its place, all the provisions of this Act shall cease to apply to such new building for a period of five years from the date on which the construction of such new building is completed and notified to the local authority concerned].
Landlord not to interfere with amenities enjoyed by the tenant
17. *[(1) No landlord shall without just or sufficient cause, cut off or withhold or cause to be cut off or withheld any of the amenities enjoyed by the tenant or were in existence during the previous tenancy].
* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
246
(2) A tenant in occupation of a building may, if the landlord has contravened the provisions of this section, make an application to the Controller complaining of such contravention.
(3) If the tenant satisfied the Controller that the amenities were cut off or withheld or caused to be cut off or withheld *[…] the Controller may pass an interim order, directing the landlord to restore the amenities immediately, pending the enquiry referred to in sub-section (4).
*[Provided that if the amenities are not restored within seven days from the date of the interim order, the Controller may permit the tenant to restore the amenities at his own cost and recover the cost of the expense incurred by the tenant in respect of restoration of such amenities from the rent payable to the landlord in such monthly instalments as may be specified by the Controller].
Explanation. – An interim order may be passed under this sub-section without giving notice to the landlord.
(4) If the Controller on enquiry finds that the tenant has been in enjoyment of the amenities *[or that the amenities were in existence during the previous tenancy] and that they were cut off or withheld by the landlord without just or sufficient cause or if the landlord was in any way responsible for the amenities being cut off or withheld, he shall make an order directing the landlord to restore such amenities.
(5) The Controller may, in his discretion, direct that compensation not exceeding fifty rupees --
(a) be paid to the landlord by the tenant, if the application under sub-section
(2) was made frivolously or vexatiously;
(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the amenities or was in any way responsible for the amenities being cut off or withheld frivolously and vexatiously.
Explanation. – In this section, the expression “amenities” includes supply of water, electricity, passages, staircases, lights, lavatories, lifts, and conservancy or sanitary services.
* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
247 Execution of orders
18. Every order made under sections 10, 12, 13, 14, 15, 16 and 17 and every order passed on appeal under section 23 or on revisions under section 25 shall be executed by the Munsif having jurisdiction over the area in which the building is situated and if there are more than one such Munsif by the Principal Munsif as if it were a decree passed by him:
Provided that an order passed in execution under this section shall not be subject to an appeal, but shall be subject to revision under section 25.
Decisions which have become final not to be reopened
19. *[Any application under section 4-A or section 12, and any application under sub-section (2) or sub-section (3) or sub-section (3-A) of section 10 or under section 14, 15 or 16 shall be summarily rejected by the authorised officer or the Controller, as the case may be, if such application] raises between the same parties or between parties under whom they or any of them claim, substantially the same issues as have been finally decided or as purport to have been finally decided in a former proceeding under this Act.
Orders of Controller to be pronounced in open court
20. Every order passed by a Controller under this Act shall be pronounced in open Court on the day on which the case is finally heard, or on some future day of which due notice shall be given to the parties.
Conversion into non-residential buildings
21. No residential building shall be converted into a non-residential building except with permission in writing of the Controller.
Failure by landlord to make necessary repairs
22. *[(1) If a landlord fails to make necessary repairs to the building within a reasonable time after notice is given ---
(a) by the authorised officer in the case of a building in respect of which the Government shall be deemed to be the tenant under sub-section (5) of section 4;
* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
248
(b) by the tenant in the case of any other building; the authorised officer aforesaid may, in the case referred to in clause (a), make such repairs or have them made by the allottee and deduct the cost thereof from the rent payable for the building or ask the allottee to make such deduction from the rent payable; and the Controller may, in the case referred to in clause (b), direct, on application by the tenant, that such repairs may be made by the tenant and that the cost thereof may be deducted by the tenant from the rent payable for the building:
Provided that the cost of repairs, and the deduction thereof which the authorised officer or the Controller, as the case may be, may authorise shall not exceed in any one year one-twelfth of the rent payable in respect of the building for that year.
*[(2) The landlord shall not, while making repairs render the building uninhabitable by digging up the floor or by removing any door or window or by causing any other damage to any part of the building].
Appeal
23. *[(1) Any person aggrieved by an order passed by the Controller may, within 15 days from the date of such order, excluding the time taken to obtain a certified copy of the order, file an appeal in writing to the District Court].
(2) on such appeal being preferred, the *[District Court] may order stay of further proceedings in the matter pending decisions on the appeal.
(3) The *[District Court] shall call for the records of the case from the Controller and after giving the parties an opportunity of being heard and, if necessary after making such further inquiry as he thinks fit either personally or through the Controller, shall decide the appeal.
Explanation – The *[District Court] may, while confirming the order of eviction passed by the Controller, grant an extension of time to the tenant for putting the landlord in possession of the building.
(4) The decision of the *[District Court] and subject to such decision, an order of the Controller shall be final and shall not be liable to be called in question in any court of law, except as provided in section 25.
* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
249 Costs
24. Subject to such conditions and limitations, if any, as may be prescribed, the costs of and incident to all proceedings before the Controller or the appellate authority referred to in section 23, shall be in the discretion of the Controller or the appellate authority, who shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purpose.
Explanation. – The appellate authority may set aside or vary any order passed by the Controller in regard to the costs of and incident to the proceedings before him.
Revision *[25. (1) The High Court may, on the application of any person aggrieved by an order of the appellate authority, call for and examine the record of the appellate authority, to satisfy itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed therein and if, in any case, it appears to the High Court that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly.
(2) Every application to the High Court for the exercise of its power under subsection (1) shall be preferred within one month from the date on which the order or proceeding to which the application relates is communicated to the applicant:
Provided that the High Court, may in its discretion, allow further time not exceeding one month for the filling of any such application, if it is satisfied that the applicant had sufficient cause for not preferring the application within the time specified in this sub-section].
Order under the Act to be binding on the sub-tenants.
26. Any order for the eviction of a tenant passed under this act shall be binding on all sub-tenants who were made parties in the application for eviction but any person who became a sub-tenant after the date of the application for eviction shall be bound by the order of eviction and be evicted as if he were a party to the proceedings, provided that such order was not obtained by fraud or collusion.
* Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.
250 Proceedings by or against legal representatives