Sec 19 to 25 (Chapter IV Regulation of Eviction)The Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011

19. Eviction of tenant -

(1) Notwithstanding anything contained in any contract or law to the contrary, but subject to the provisions of the Industrial Disputes Act, 1947 (Act XIV of 1947), and to those of section 18, where a tenant is in possession of any building, he shall not be liable to eviction therefrom except in execution of an order passed by the Controller on one or more of the following grounds

(a) for breach of the conditions of the tenancy, or for sub letting the building or any portion thereof without the consent of the landlord, or if he is an employee of the landlord occupying the building as an employee, on his ceasing to be in such employment:

(b) where the condition of the building has materially deteriorated owing to acts of waste by, or negligence or default of the tenant or of any person residing with the tenant or for whose behaviour the tenant is responsible

(c) where the building is reasonably and in good faith required by the landlord for his own occupation or for the occupation of any person for whose benefit the building is held by the landlord.

Provided that where the Controller thinks that the reasonable requirement of such occupation may be substantially satisfied by evicting the tenant from a part only of the building and allowing that tenant to continue occupation of the rest and the tenant agrees to such occupation, the Controller shall pass an order accordingly, and fix proportionately the standard rent for the portion in occupation of the tenant, which portion shall henceforth constitute the building within the meaning of clause (b) of section 2 and the rent so fixed shall be deemed to be the standard rent fixed under section 12.

Explanation 1: In this clause, the word "landlord" shall not include an agent referred to in clause (h) of section 2.

Explanation II: Where there are two or more buildings let out by the landlord, it will be for the landlord to choose which one would be preferable to him and the tenant or tenants shall not be allowed to question such preference

(d) where the amount of two months rent, lawfully payable by the tenant and due from him is in arrears by not having been paid within the time fixed by contract or in the absence of such contract, by the last day of the month next following that for which the rent is payable or by not having been validly remitted or deposited in accordance with section 27;

(e) in case of a tenant holding on a lease for a specified period, on expiry of the period of tenancy; and 

(f) the landlord requires the premises in order to carry out any building work at the instance of the Government or the Municipality or the Municipal Corporation or the Regional Development Authority or any other Authority within whose jurisdiction the building lies and such building work cannot be properly and fully carried out without the premises being vacated,

2.(a) Where a servant of the Government in possession of any building private/ government as a tenant intends to vacate such building, he shall give fifteen days previous notice in writing of his intention to do so to the landlord and to the Collector who shall under intimation to the landlord within a week of receipt of the notice, either allot the building to any other servant of the Government whom the Collector thinks suitable Subject to payment of rent, and the observance of the conditions of the tenancy by such servant of the Government or direct that the landlord shall be put in possession of the building.

Provided that when no such order is passed by the Collector, the landlord shall be deemed to have been put in possession of the building."

(b)Where a building is vacated by a servant of the Government. any person occupying such building other than the person referred to in clause (a) shall be liable to be evicted by the Collector in such manner as may be prescribed

Provided that after a landlord has been or is deemed to have been put in possession of such building, he may let it to any person

20. Binding nature of the order of the Controller on all persons in Occupation of the building

(1) Notwithstanding anything contained in any other law, where the interest of the tenant in any building is determined for any reason whatsoever, and any order is made by the Controller under this Act for recovery of possession of such building, the order shall be binding on all persons who may be in occupation of the building and vacant possession thereof shall be given to the landlord by evicting all such persons therefrom.

Provided that nothing in this section shall apply to any person who has an independent title to such building or to a tenant who has been inducted with the express written permission of the landlord himself personally.

(2) On taking possession of the building, the landlord shall refund the premium collected if any to the tenant.

21. Special procedure for disposal of cases for eviction on ground of bonafide requirement

(1) Every suit by a landlord for the recovery of possession of any premises on the ground Specified in clause (c) or (e) of subs-section (1) of section 19 shall be dealt with in accordance with the procedure specified in this section

(2) The Controller shall issue summons in every suit referred in sub-section (1) without delay.

(3) (1) The Controller Shall, in addition to, and simultaneously with the issue of summons for service on the tenant or tenants, also direct the summons to be served by registered post with acknowledgement due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require also direct the publication of the summons in the official gazette or in newspapers circulating in the locality, in which the tenant is last known to have resided or carried on business or personally worked for gain.

(ii) When an acknowledgement purporting to be signed by the tenant or his agent is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent has refused to take delivery of the registered article, the Controller may declare that there has been a valid service of summons.

(4) The tenant on whom summons is duly served (whether by ordinary mail or by registered post) shall not contest the prayer for eviction from the building unless he files an affidavit stating the ground on which he seeks to make such contest and obtains leave from the Controller as hereinafter provided; and in default of the appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the suit for eviction shall be deemed to be admitted by the tenant and the landlord shall be entitled to an order for eviction on the ground aforesaid.

(5) The Controller shall give to the tenant leave to contest the suit if the affidavit filed by the tenant discloses such facts as woud disentite the landord from obtaining an order for eviction on the grounds specified in clauses (c) and (e) of sub-section (1) of section 19.

(6) When leave is granted to the tenant to contest the suit, the latter may, within fifteen days from the date of the order, pray after making requisite fee, that the affidavit may be treated as the written statement or if he chooses to file a separate written statement, he may do so within fifteen days of the grant of leave to contest the suit and if he does not file the written statement within the period he shall not be allowed to do so later. The Controller shall thereafter commence the hearing of the suit as early as practicable

(7) Notwithstanding anything contained in the Code of Civil procedure, 1908 (Act V of 1908) or any other law, the Controller while hearing a suit under this section shall follow the practice and procedure of a Court of Small Causes including the recording of evidence.

(8) No appeal or second appeal shall lie against an order for the recovery of possession of any building made in accordance with the procedure specified in this section.

Provided that on an application being made within sixty days of the date of the order of eviction, the High Court may for the purpose of satisfying itself that an order under this section is according to law, call for the records of the case and pass such order in respect thereof as it thinks fit.

(9) Where no application has been made to the High Court in revision as laid down in sub-section (8) above, the order for eviction passed by the comptroller shall be final or the Controller, which passed the order for eviction may exercise the powers of review in accordance with the provision of order XLVII of the First Schedule to the Code of Civil Procedure (Act V of 1908).

Provided that no such review shall be made unless an application is filed for the same within thirty days of the order of eviction.

22. Provisions of section 21 have overriding effect

Notwithstanding anything inconsistent therewith contained elsewhere in this Act or in any other law for the time being In force, the provisions of section 21 or any rule made thereunder shall have overriding effect.  

23. Special provision for active/ex-servicemen of Defence Forces

(1) Where the landlord has been in active military service or is ex-serviceman or has been discharged or retired from service or is to retire or has died while in such active service and any member of his family is in actual necessity of house, then on an application being filed by the landlord or any member of his family, the Controller after issuing notice of fifteen days and on being satisfied after hearing the claim of the landlord is genuine, by order, shall direct the tenant to give possession of the house to the landlord or his family member and if the Controller is not satisfied with the claim of such landlord, he shall pass order rejecting the application.

Provided that if the landlord or his widow has more than one residential house, then such landlord or his widow shall have no right to take back possession of more than one house.

2 (a) The Controller on the receipt of application shall issue summon to the tenant within seven days of filing the application.

(b) In addition to this, the Controller shall direct to send summon to the tenant or his agent by registered post with acknowledgement due and also to stick the second copy of the summon on any conspicuous visible portion of the house.

(c) If the summon with the registered post is returned with the endorsement of the postman that the tenant or his agent refused to take the summon, the Controller after enquiry as he may think fit and being satisfied with the endorsement, may declare that the summon has been legally served on the tenant.

(d) The tenant against whom service of summon has been declared valid, will have no right to oppose the petition of eviction till an affidavit within fifteen days of Service of summon is filed mentioning the reason on the basis of which he opposes the petition of eviction and obtains the permission of the Controller on it. In case of failure of his appearance and obtaining Controller's permission, the statement of the landlord or his widow, father, mother, son, grandson, or widow daughter in-law, as the case may be, shall be deemed to be accepted by the tenant and the petitioner shall be entitled for the order of eviction of the tenant.

(e) The Controller within fifteen days of filing of such affidavit shall give permission to the tenant to oppose the application, if the tenant has disclosed such facts which can debar the landlord, his widow, father, mother, son, grand son, widow daughter-in-law in getting back the possession of that residential house.

(f) Where permission to oppose the application has been granted to the tenant, the Controller shall not fix the date more than one month from the date of permission given to the tenant to oppose the application and hearing of the application shall continue on day-today basis till the disposal of the case and as far as possible, the decision shall be given within two months from the commencement of the hearing.

(g) The Controller shall give appropriate time to the tenant to give back the possession of the residential house to the landlord, his widow, father. mother, son, grandson or widow daughter-in-law, as the case may be, but will not extend that time altogether more than two months.

(h) Where such proceeding of enquiry in which this section is applicable, including the recording of statements of witnesses, the Controller will follow the procedure of a Court of Small Causes.

(3) No appeal shall lie against the order of the Controller to give possession of any building except as per the procedure laid down in the section.

Provided that a revision petition may be filed in the High. Court within sixty days from the date of the order of eviction,

(4) No Court other than the High Court shall stay the operation of eviction during the pendency of the revision petition filed under sub-section (3) of this section.

(5) Where the tenant has been evicted from the residential house and the landlord or his widow, father, mother, son, grand son or widow daughter-in-law, as the case may be, does not Occupy within three months continuously from the date of eviction or let out the building or a portion thereof to a person other than the evicted tenant within three years of eviction of the tenant, then the evicted tenant may file an application to the Controller for restoration of possession of that building to him on the same terms and conditions which were applicable at the time of eviction and the Controller shall pass order accordingly and also order to pay cost.

24. Right to recover immediate possession of building to accrue to employee of State or Central Government -

(1) Where the landlord is a retired employee of the State or Central Government, and the building let out by him, his spouse or his dependent son or daughter are required for his own use, such employee may, within one year from the date of his retirement or within a period of one year from the date of commencement of this Act, whichever is later, apply to the Controller for recovering immediate possession of such building.

25. Right to recover immediate possession of building to accrue to a widow or a handicapped person or a person aged sixty five years and above-

(1) Where the landlord is

(a) a widow and the building let out by her, or by her husband:

(b) a handicapped person and the building let out by him:

(c) a person who is of the age of sixty five years or more and the building let out by him,

is required for use by her or him or for her or his family or for any one ordinarily living with her or him for use, she or he may apply to the Controller for recovery of immediate possession of such building and the process of eviction as delineated in Sec 23 of this act shall be applicable.

(2) Where the landlord referred to in sub-section (1) has let out more than one building, it shall be open to her or him to make an application under that sub-section in respect of any one building chosen by her or him.