21. Protection of tenant against eviction

(1) A tenant shall not be evicted during the continuance of tenancy agreement unless otherwise agreed to in writing by the landlord and tenant, except in accordance with the provisions of sub-section (2) or in accordance with the provisions of section 22:

Provided that where the landlord has acquired the premises by sale deed after the commencement of this Act and it was in the occupation of a tenant since before its purchase, no application for recovery of possession of such premises shall be made under this section unless a period of one years has elapsed from the date of such acquisition, or expiry of tenancy agreement executed in between the erstwhile landlord and the tenant, whichever is earlier:

Provided further that after acquisition of the premises by the landlord under preceding proviso the landlord shall also intimate to the tenant in possession, within one month of such acquisition.

(2) The Rent Authority may, on an application made to it by the landlord in such manner as may be prescribed, make an order for eviction and recovery of possession of the premises on one or more of the following grounds, namely:-

(a) that the tenant does not agree to pay the rent payable under section 8;

(b) that the tenant has not paid the arrears of rent and other charges payable in full as specified in sub-section (1) of section 13 for two consecutive months, including interest for delayed payment as may be specified in the tenancy agreement within a period of one month from the date of service of notice of demand for payment of such arrears of rent and other charges payable to the landlord:

Provided that in relation to a tenant who is a member of the armed forces of theUnion and in whose favour the prescribed authority under the Indian Soldiers (Litigation) Act, 1925 (Act no. 4 of 1925) has issued a certificate that he is serving under special conditions within the meaning of section 3 of that Act or where he has died by enemy action while so serving, then in relation to his heirs, the words "two months" in this clause shall be deemed to have been substituted by the words "one year";

(c) that the tenant has, after the commencement of this Act, parted with the possession of whole or any part of the premises without obtaining the written consent of the landlord:

Provided that in case, the tenant is a firm, then in case of change of proprietor or partners of firm or its nature of business, the prior endorsement of landlord has not been obtained in writing;

(d) that the tenant has continued to misuse the premises even after receipt of notice from the landlord to desist from such misuse.

Explanation.

For the purposes of this clause, "misuse of premises" means encroachment of additional space by the tenant or use of premises for a purpose other than the purpose permitted in the tenancy agreement or use of premises which causes public nuisance or causes damage to the property or is detrimental to the interest of the landlord or for immoral or illegal purposes;

(e) where it is necessary for the landlord to carry out any repair or construction or rebuilding or addition or alteration or demolition in respect of the premises or any part thereof, which is not possible to be carried out without the premises being vacated:

Provided that after such repair, construction, rebuilding, addition or alteration, the tenant may be allowed to reoccupy the premises only when it has been mutually agreed to between the landlord and the tenant and a new tenancy agreement has been submitted with the Rent Authority:

Provided further that the tenant shall not be allowed to reoccupy the premises,-

(i) in the absence of submission of such mutual tenancy agreement with the Rent Authority; and

(ii) in cases where the tenant has been evicted under the orders of a Rent Authority,

(f) that the premises or any part thereof is required by the landlord for carrying out any repairs, construction, rebuilding, additions, alterations or demolition, for change of its use as a consequence of change of land use by the competent authority;

Explanation

For the purposes of this clause, the expression" "competent authority" means the Municipal Corporation or the Municipality or the Development Authority or any other authority, as the case may be, which provides permission on matters relating to repair or redevelopment or demolition of building or permission for change in land use;

(g) that the tenant has given written notice to vacate the premises let out on rent and in consequence of that notice the landlord has contracted to sell the said premises or has taken any other step, as a result of which his interests would seriously suffer if he is not put in possession of that premises;

(h) that the tenant has carried out any structural change or crected any permanent structure in the premises let out on rent without the written consent of the landlord;

(i) that in violation of section 7, the tenant has sub-let whole or part of the premises held by him or has transferred or assigned his rights in the tenancy agreement or part thereof;

(j) that where the tenancy stands determined by efflux of time;

(k) that the tenant has allowed the premises to be occupied by any person who is not a member of his family;

Explanation:-

For the purposes of this clause, family means spouse, male lineal descendants, such parents, grandparents, any unmarried, widowed, divorced, judicially separated daughter, daughter of a male descendant or widowed daughter-in-law as may have been normally residing with him or her.

(l) that the tenant has substantially removed his effects from the premises;

(m) that the premises are required by landlord either in its existing form, or after demolition and new construction thereof for the purpose of its occupation by landlord.

(3) No order for eviction of the tenant on account of failure to pay the rent specified in clause (b) of sub-section (2) shall be made, if the tenant makes payment to the landlord or deposits with the Rent Authority the arrears of rent and other payable charges, if any, including interest within one month from the date of service of the said demand notice upon him.

(4) Where the tenant fails to pay the rent consecutively for two months subsequent to the grant of the relief specified in sub-section (3) in any one year, then the tenant shall not be entitled to such relief again.

(5) In any proceedings for eviction under clause (e) of sub-section (2), the Rent Authority may allow eviction from only a part of the premises, if the landlord agrees for the same.

22. Eviction and recovery of possession of premises in case of death of the landlord

(1) Notwithstanding anything contained in this Act or any other law for. the time being in force, in case of death of the landlord, where there is a requirement of the premises let out on rent by the legal heirs of the landlord during the period of tenancy, such legal heirs may file an application in this behalf for eviction and recovery of possession of the said premises before the Rent Authority in such form and manner, as may be prescribed.

(2) The Rent Authority may, on an application made to it under sub-section (1), if it is satisfied that the legal heirs of the deceased landlord are in requirement of the premises let out on rent, pass necessary orders against the tenant for handing over vacant possession of the said premises to the legal heirs of the deceased landlord.

23. Enhancement of rent in case of refusal by tenant to vacate

 Where the tenant fails to vacate the premises let out on rent in accordance with the tenancy agreement on the expiration of the period of tenancy or termination of tenancy by an order or notice under the provisions of this Act, such tenant shall be liable to pay the landlord-

(a) twice the monthly rent for the first two months; and

(b) four times the monthly rent thereafter till the tenant continues to occupy the said premises.

24. Refund of advance rent by landlord

(1) Where a landlord exercises the right of recovery of possession under sub-section (2) of section 21 or under section 22, and he had received any rent or any other payment in advance from the tenant, he shall before recovery of possession, refund to the tenant such amount after deducting the rent and other charges due to him.

(2) If the landlord fails to make any refund, he shall be liable to pay simple interest to the tenant at such rate as may be prescribed from time to time on the amount which he has omitted or failed to refund.

25. Payment of rent during proceedings eviction

In any proceedings for recovery of possession on any ground other than that referred to in clause (a) or clause (b) of sub-section (2) of section 21, where the tenant contests the claim for eviction, the landlord may at any stage of the proceedings apply to the Rent Authority to direct the tenant to pay him the rent payable, as under section 8 and section 23, and the Rent Authority may order the tenant to make such payment and all other charges due from the tenant along with penal charges, if any, due to delay in payment, in accordance with the provisions of sub-section (1) of section 14.

26. Permission to build additional structures

(1) Tenant shall not carry out any structural change or erect any permanent structure in the premises let out on rent without the written consent of the landlord.

(2) Where the landlord proposes to make any improvement in or construct any additional structure on any premises which has been let out to a tenant and the tenant refuses, to allow the landlord to make such improvement or construct such additional structure, the landlord may make an application in this behalf to the Rent Authority.

(3) On an application made by the landlord under sub-section (2) if the Rent Authority is satisfied that the landlord is ready and willing to commence the work which is necessary, the Rent Authority may permit the landlord to do such work and may make such other order as it may deem fit:

Provided that such improvement or additional structure shall not decrease or diminish or deteriorate the accommodation or housing services in the premises which may cause undue hardship to the tenant.

27. Special provision regarding vacant land

(1) Notwithstanding anything contained in section 21 or section 22, where any premises let out for rent comprises vacant land, upon which it is permissible under the municipal bye-laws for the time being in force to erect any building whether for residence or for any other purpose, and the landlord who intends to erect such building is unable to obtain possession of the same from the tenant on the basis of the tenancy agreement, the landlord or, in case of death of the landlord, his legal heirs, may file an application in this behalf, in such form and manner as may be prescribed, before the Rent Authority.

(2) The Rent Authority may, on receipt of the application referred to in sub-section (1), if it is satisfied that the landlord is or, as the case may be, his legal heirs are ready and willing to commence the work and that the severance of the vacant land from the rest of the premises shall not cause undue hardship to the tenant,-

(a) direct such severance after such enquiry as it may deem fit;

(b) place the landlord in possession of the vacant land; 

(c) determine the rent payable by the tenant in respect of the rest of the premises; and

(d) make such other orders as it may deem fit in the circumstances of the case.

28. Vacant possession to landlord

Notwithstanding anything contained in any other law for the time being in force, where the interest of a tenant or in case of death of the tenant, of his legal heirs in any premises is determined for any reason whatsoever and any order is made by the Rent Authority under this Act for the recovery of possession of such premises, such order shall, subject to the provisions of sub-section (3) of section 21, be binding on all occupants who may be in occupation of the premises and vacant possession thereof shall be given by all such occupants to the landlord or to the legal heirs of the landlord.

29. Provisions regarding notice of giving up possession by tenant

Notwithstanding anything contained in this Act or any other law for the time being in force, a tenant may give up possession of the premises on giving such written notice as is required under the tenancy agreement and in the absence of any stipulation relating to such notice, the tenant shall give notice to the landlord of at least one month before giving up possession of the premises.