Bare ActsThe Assam Urban Areas Rent Control (Amendment) Act, 1946

Section 6

Amendment status not verified — confirm the current text below against the official source.

(1) No order or decree for the recovery of possession of any house shall be made or executed so long as the tenant pays rent to the full extent allowable under this Act and performs tlie conditions of the tenancy : Provided that nothing in this sub-section shall apply in a suit or proceedings for eviction of the tenant from the house—■ (<2) where the tenant has done any act contrary to the provisions of clause (m), clause (0) or clause (j&) of section 108 of the Transfer of Act Property Act, 1882 or to the spirit of the aforesaid clauses in areas where that Act does not apply, or (6) Where the tenant has been guilty of conduct which is a nuisance or an annoyance to the occupiers of the adjoining or neighbouring houses, or (c) where the house is bona fide required by the landlord either for purposes of repairs or re-building, or for his own occupation or for the occupation of any person for whose benefit the house is held, or where the landlord can show any other cause which may be deemed satisfactory by the Court. (2) The fact that the period of the lease has expired, or that the interest of the landlord in the house has been transferred shall not, of itself, be deemed to be a satisfactory cause within the meaning of the proviso to sub-section (1), provided that the tenant is ready and willing to pay rent to the full extent allowable under this Act. (3) Where the landlord recovers possession of a house from a tenant on the ground that the house is bona fide required by him for pur­ poses of repairs or re-building or for his own occupation or for the occu­ pation of any person for whose benefit the house is held and the repairs or the re-building of the house is not commenced or the house is not occu­ pied by the landlord or such person within fifteen days of the date of vacation of the house by such tenant, or the house having been so occu- pied is within six months of the said date re-let to or allowed to be posses­ sed by any other person, the Court shall on the application of the evict­ ed tenant made within seven months of his vacating the house, direct the landlord to put the evicted tenant in possession of the house within such period as the Court may fix and to pay him such compensation as appears to the Court to be reasonable and proper. Such a direction shall be deemed to be a decree under the Civil Procedure Code, 1908 and to be capable of execution as such under the provisions of that Act V of

Section 6 – The Assam Urban Areas Rent Control (Amendment) Act, 1946 | DailyLaw.ai