Amendment status not verified — confirm the current text below against the official source.
(I) No order or decree for the recovery of posses- passmg and s jo n of a n y fio u s e shall be made or executed by any Court decree^and s o ^o n S a s t ^i e t e n a n t Pa Ys r e n t t o t ’l c e x t e n t allowa- orders. ble under this Act and performs the 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— («) where the tenant has done any act contrary to the provisions of clause (m), clause (o) or clause (p) of section 108 of the Transfer of Property Act, 1882 or to the spirit Act TV of of the aforesaid clauses in areas where the Act does not 1B82. apply, or (Z>) 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.land lord 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 satisfac tory by the Court, or (d) where the tenant sublets the house or any part thereof or otherwise transfers his interest in the house or any part thereof without permission in writing from the landlord. (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 satis factory 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. 5 ' T- (3) Where the landlord recovers possession of a house frojn a tenant on the ground that the house is bona fide required by him 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 and the repairs or the re-building of the house is not commenced or the house is not occupied 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 occupied is within six months of the said date re-let to or allowed to be possessed by any other person, the Court shall on the application of the evicted 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 Act V of capable of execution as such under the provisions of that 1908- Code. (4) No tenant shall be entitled to any benefit under ■this section, in respect of any house if he is a defaulter, that is, if he has not paid the rent due by him in respect of such house to the full extent allowable under this Act within the time fixed in the contract with his landlord or in the absence of any such contract, by the fifteenth day of the month next following that for which the rent is payable and, where any rent has accrued due before the commencement of this Act, if he has not also paid within, three months of the date of such com mencement all arrears of rent due by him in respect of such house to the full extent allowable by this Act. (5) Where the landlord refuses to accept rent offered by his tenant, the tenant may, within a fortnight of its becoming due, deposit in Court the amount of such rent together with process-fees for service of notice upon the landlord (or upon each of the landlords, where the land lords number more than one), and on receiving such deposit, the Court shall cause a notice of the receipt of such deposit to be served on the landlord (or each of the land lords) and the amount of the deposit may thereafter be withdrawn by the landlord on application made by him to the Court in that behalf. A tenant who has made such deposit shall not be treated as a defaulter under sub-section (4) of this section. Duties of ' ?• Every landlord shall be bound to keep the house in landlords, the occupation of a tenant wind-proof and water-proof and to carry out other repairs which he is bound to make by law, contract or custom and also to maintain the existing essential supplies and services such as sanitary arrange ments, water-supply, supply of electricity or drainage ser- vice in respect of the house. Explanation.— ‘Repair’ includes annual white-washing and recolouring. 6 A perform du ties. Appeals. Rules. Previous decisions, orders, etc. t < Notice on