Amendment status not verified — confirm the current text below against the official source.
('t) Where the landlord has been in aclive military service or is ex-serviceman or has been discharged or retired trom service or is to retire or has died while in such active service and any member ol 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 hislamily member and il the Controller is not satisfied with the claim ol such landlord, he shall pass order rejecting the application. Provisions of section 21 have overriding effect. Special provision for active/ex- servicemen of Defence Forces. 52 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 ol more than one house. (2) (a) The Controller on the receipl of application shall issue summon to the tenant within seven days of filing the application. (b) ln 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) ll the summon with the registered post is returned with the endorsement ol the postman that the tenant or his agent relused to take the summon, the Controller after enquiry as he may think lit and being satistied with the endorsement, may declare that the summon has been legally served on the tenanl. (d) The tenant against whom service of summon has been declared valid, will have no right to oppose the petition of eviction till an atfidavit within fifteen days of service of summon is filed mentioning the reason on the basis ol which he opposes the petition of eviction and obtains the permission of the Controller on it. ln case ot failure of his appearance and obtaining Controlleas permission, the statemenl ol the landlord or his widow father, mothe( son, grandson, or widow daughter inlaw, as the case may be, shall be deemed to be accepted by the tenant and the petitioner shall be entitled for the order ol eviction ol the tenant. (e) The Controller within lifteen days of filing of such affidavit shall give permission to the tenantt0 oppose the appli€tion, ilthe tenant has disclosed such facts which can debar the landlord, his widow, father, mothe( son, grandson, widow daughter-in-law in getting back the possesslon of that residential house. (f) Where permission to oppose the application has been granted to thetenant, the Controller shall not lix the date more than one month trom the dale of permission given to the tenant to oppose the application and hearing of the application shallcontinue on day-today basis till the disposal of the case and as lar 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 lenant lo 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 statemenb of witnesses, the Controller willfollow the procedure of a Court of Small Causes. (3) No appeal shall lie against the order ot the Controller lo give possession of any building except as per the procedure laid down in this 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 lhe operation ol evrction during the pendency of the revision petition liled under sub-section (3) of this section. (5) Where the tenant has been evicted lrom the residential house and the landlord or his widow, father, mother, son, grandson or widow daughter-in-law, as the case may be, does not occupy withln three monlhs continuously from the date ol eviction or let out the building or a portion thereof to a person other than the evicted tenant within three years of eviction ol the tenant, then the evicted tenant may file an application to the Controller {or restoration ot 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. Right to rec0ver immediate possession of building to accrue lo employee of Slate or Central Government. Right to rec0ver immediate possession of building to accrue to a widow or a handicapped person or a person aged sixty five years and above.