(1) Notwithstanding anything in this Act, on an application made by a landlord, the Controller may, if he is satisfied- Recovery of possession by landlord for repairs, alterations or additions or for reconstruction.
26 [Act No.XV of 1960]
(a) that the building is reasonably and bona fiderequired by the landlord for carrying out repairs, alterations or additions which cannot be carried out without the building being vacated; or
(b) that the building consists of not more than two floors and is reasonably and bona fide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished, pass an order directing the tenant to deliver possession of the building to the landlord before a specified date.
(2) No order for recovery of possession under this section shall be passed unless the landlord gives an undertaking that the building on completion of the repairs, alterations or additions or the new building on its completion will be offered to the tenant, who delivered possession in pursuance or an order under sub-section (1), for his reoccupation before the expiry of such period as may be specified by the Controller in this behalf.
(3) In case the tenant, to whom the building or the new building, as the case may be, is offered under sub-section
(2) by the landlord does not want to occupy it the landlord shall give notice of vacancy in writing to the authorised officer under sub-section (1) of section 3.
(4) Nothing in this section shall entitle the landlord, who has recovered possession of the building for repairs, alterations or additions or for reconstruction to convert a residential building into a non-residential building or a nonresidential building into a residential building unless such conversion is permitted by the Controller at the time of passing an order under sub-section (1).
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