(a) that, the tenant has committed any act contrary to the provisions of clause (o) of Section 108 of the Transfer of Property Act, 1882 (IV of 1882); or -
(b) [that, save as otherwise provided in Section 23-A] , 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 occupiers, 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 seller 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 lawfully [sub-let] the whole or part of the premises or assigned or transferred in any other manner his interest therein; or
[(ee) that the tenant has, after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 1963, (Gujarat LVII of 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
(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 bona fide required by the landlord
for occupation by himself or by any person for whose benefit the premises are held [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 bona fide required by the landlord for carrying out repairs which cannot be carried out without the premises being vacated; or
[(hh) that the premises consist of not more than two floors and are reasonably and bona fide 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
[(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 bona fide required by the landlord for the erection of a new [***] building; or
[(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 [before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959] (Bombay Ordinance No. III of 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 respect 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. [ Explanation. - For the purposes of clause (b), no permanent structure shall be 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 alteration made in the premises as can be removed without serious damage to the premises.]
(l) that the tenant after the coming into operation of this Act has built,acquired vacant possession of or been allotted a suitable residence.
Explanation.
Explanation.
(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 t&e tenancy or the first day of January, 1964, whichever is later;
(b) the expression "landlord" shall not include a rent-farmer or rent-collector.]
(a) that the new building to be erected by him shall [subject to the provisions of any rule, bye-laws or regulations, made by a local authority,] contain not less than [two] times the number of residential tenements, and not less than [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:
(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;
(ii) [***]
(iii) the necessary funds for the purpose of the erection of the new building are available with the landlord; and
(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.
[13A. Permission to construct additional Structure.
[13AA. Right of members of Armed Forces of Union and their widows and heirs to recover possession of premises required for their occupation.
(a) A specified landlord shall be entitled to recover from his tenant the possession of any premises owned by him or by any members of his family, on the ground that such premises are bona fide , required by him for occupation by himself or by any member of his family and on receipt of an application made by the specified landlord for the purpose of recovery of possession of the premises, the competent authority shall make an order of eviction on that ground if the specified landlord produces a certificate granted by the Authorised Officer to the effect that,-
(i) he is a member of the Armed Forces of the Union, or that he was such a member and has retired as such, and
(ii) he does not possess any other premises suitable for residence in the local area where the premises are situated;
(b) a successor-in-interest who becomes the landlord of the premises owned by such member of the armed forces of the Union, as a result of death of such member while in service or within five years of his retirement, shall be entitled to recover possession of such premises on the ground that the premises are bona fide required for occupation by the successor-in-interest himself or by any member of the family of the deceased member and on receipt of an application made by the successor-in-interest for the purpose of recovery of possession of the premises, the competent authority shall make an order of eviction on that ground if the successor-in-interest produces a certificate granted by the Authorised Officer to the effect that,-
(i) the successor-in-interest is a widow or any other member of the family of the deceased member of the armed forces of the Union; and
(ii) such successor-in-interest, does not possess any other premises suitable for residence in the local area where such premises are situated.
(b) Where the competent authority is satisfied that no hardship would be caused either to the tenant or to the specified landlord or, as the case may be, the successor-in-interest by making the order in respect of a part of the premises, the competent authority shall make the order in respect of such part only.
(i) in the case of an officer retired from Army, the Area Commander,
(ii) in the case of an officer retired from the Navy, the Flag Officer Commanding-in-Chief, Naval Command, and
(iii) in the case of an officer retired from the Air Force, the Station Commander;
(i) if the deceased member has a spouse living at the time of his death, such spouse, and
(ii) in any other case, any other member of his family.]
Section 13 • The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
13. When landlord may recover possession.
the-bombay-rents-hotel-and-lodging-house-rates-control-act-1947-sec-13.json
•
Section 13
{
"act_title": "The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947",
"act_slug": "the-bombay-rents-hotel-and-lodging-house-rates-control-act-1947",
"section_label": "Section",
"section": {
"number": "13",
"title": "13. When landlord may recover possession.",
"chapter": null,
"content": "(a) that, the tenant has committed any act contrary to the provisions of clause (o) of Section 108 of the Transfer of Property Act, 1882 (IV of 1882); or -\n(b) [that, save as otherwise provided in Section 23-A] , the tenant has, without the landlord's consent given in writing, erected on the premises any permanent structure; or\n(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 occupiers, or has been convicted of using the premises or allowing the premises to be used for immoral or illegal purposes; or\n(d) that the tenant has given notice to quit and in consequence of that notice the landlord has contracted to seller 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\n(e) that the tenant has, since the coming into operation of this Act lawfully [sub-let] the whole or part of the premises or assigned or transferred in any other manner his interest therein; or\n[(ee) that the tenant has, after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 1963, (Gujarat LVII of 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\n(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\n(g) that the premises are reasonably and bona fide required by the landlord\nfor occupation by himself or by any person for whose benefit the premises are held [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\n(h) that the premises are reasonably and bona fide required by the landlord for carrying out repairs which cannot be carried out without the premises being vacated; or\n[(hh) that the premises consist of not more than two floors and are reasonably and bona fide 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\n[(hhh) that the premises are required for the immediate purpose of demolition ordered by any local authority or other competent authority] ; or\n(i) that where the premises are land, such land is reasonably and bona fide required by the landlord for the erection of a new [***] building; or\n[(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;]\n(j) that the rent charged by the tenant for the premises or any part thereof which are sub-let [before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959] (Bombay Ordinance No. III of 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 respect of such premises or part: or\n(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. [ Explanation. - For the purposes of clause (b), no permanent structure shall be 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 alteration made in the premises as can be removed without serious damage to the premises.]\n(l) that the tenant after the coming into operation of this Act has built,acquired vacant possession of or been allotted a suitable residence.\nExplanation.\nExplanation.\n(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 t&e tenancy or the first day of January, 1964, whichever is later;\n(b) the expression \"landlord\" shall not include a rent-farmer or rent-collector.]\n(a) that the new building to be erected by him shall [subject to the provisions of any rule, bye-laws or regulations, made by a local authority,] contain not less than [two] times the number of residential tenements, and not less than [two] times the floor area, contained in the premises sought to be demolished;\n(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\n(c) that the work of erection of the new building shall be completed by him not later than fifteen months from the said date:\n(b) The Tribunal constituted under clause (a) may grant a certificate after being satisfied that-\n(i) the plans and estimates for the new building have been properly prepared;\n(ii) [***]\n(iii) the necessary funds for the purpose of the erection of the new building are available with the landlord; and\n(iv) such other conditions as the State Government may by general or special order specify, have been satisfied.\n(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.\n[13A. Permission to construct additional Structure.\n[13AA. Right of members of Armed Forces of Union and their widows and heirs to recover possession of premises required for their occupation.\n(a) A specified landlord shall be entitled to recover from his tenant the possession of any premises owned by him or by any members of his family, on the ground that such premises are bona fide , required by him for occupation by himself or by any member of his family and on receipt of an application made by the specified landlord for the purpose of recovery of possession of the premises, the competent authority shall make an order of eviction on that ground if the specified landlord produces a certificate granted by the Authorised Officer to the effect that,-\n(i) he is a member of the Armed Forces of the Union, or that he was such a member and has retired as such, and\n(ii) he does not possess any other premises suitable for residence in the local area where the premises are situated;\n(b) a successor-in-interest who becomes the landlord of the premises owned by such member of the armed forces of the Union, as a result of death of such member while in service or within five years of his retirement, shall be entitled to recover possession of such premises on the ground that the premises are bona fide required for occupation by the successor-in-interest himself or by any member of the family of the deceased member and on receipt of an application made by the successor-in-interest for the purpose of recovery of possession of the premises, the competent authority shall make an order of eviction on that ground if the successor-in-interest produces a certificate granted by the Authorised Officer to the effect that,-\n(i) the successor-in-interest is a widow or any other member of the family of the deceased member of the armed forces of the Union; and\n(ii) such successor-in-interest, does not possess any other premises suitable for residence in the local area where such premises are situated.\n(b) Where the competent authority is satisfied that no hardship would be caused either to the tenant or to the specified landlord or, as the case may be, the successor-in-interest by making the order in respect of a part of the premises, the competent authority shall make the order in respect of such part only.\n(i) in the case of an officer retired from Army, the Area Commander,\n(ii) in the case of an officer retired from the Navy, the Flag Officer Commanding-in-Chief, Naval Command, and\n(iii) in the case of an officer retired from the Air Force, the Station Commander;\n(i) if the deceased member has a spouse living at the time of his death, such spouse, and\n(ii) in any other case, any other member of his family.]",
"footnote": "",
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