Amendment status not verified — confirm the current text below against the official source.
(1) If any dispute arises regarding the rent p a y determina- able in respect of any house, it shall be determined by tion of fair C0Urt. rent. (2) The Court shall on application made by either the landlord or the tenant issue notice on both the parties, and after making such enquiry as it thinks fit determine the monthly rent for the house in accor- dance with the provisions of Section 3 and the rent so determined shall be binding on both the parties. >• (3) Where the Court determines the monthly rent for any house under this Section, it shall do so for the house in the unfurnished state, but it may allow the landlord to charge an additional amount per month on account of the furniture supplied by him : Provided that such additional amount shall not exceed one-twelfth of seven and half per cent of the cost of such furniture on the date on which the Court determines the monthly rent for the house. Explanation—Where according to the terms of any arrangement by the landlord and the tenant, the rent is payable on a basis other than at a monthly or a yearly rate, the average monthly rent for such a house shall be calculated as thirty times the proportionate daily rent for the period in respect of which the arrangement is made. Bar against 5- (1) No order or decree for the recovery of posses- passing and $ion of any house shall be made or executed by any execution^of (jo u rt so long as the tenant pays rent to the full extent orders for allowable under this Act and performs the conditions ejection.. 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:— (a) where the tenant has done anything 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 of the A c t IV o f aforesaid clauses in areas where the said Act 1882. does not apply, or (b) 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 bonafide 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 satis factory 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 per mission in writing from the landlord, or (e) where the tenant has not paid the rent law fully due from him in respect of the house within a fortnight of its falling due, or (f) where the tenant has built, acquired or been allotted a suitable residence. (2) The transfer of the interest of the landlord in the house shall not affect the right of the tenant provided the tenant pays rent allowable under this Act to the transferee. 6 w (3) Where the landlord recovers possession of a house from a tenant on the ground that the house is bonafide required by him for purpose of repairs or rebuilding or for his own occupation or for the occupation of any person for whose bene fit 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 sc occupied is witbin six months of the said date re let to or allowed to be possessed by any other person, the Court may, 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 reason able and proper. Such a direction shall be deemed to be a decree under the Gode of Civil Procedure, 1908 and to be capable of execution as such under the provisions of that Code. Act V of 1908, (4) Where the landlord refuses to accept the lawful 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, and on receiving such deposit, the Court shall cause a notice of the receipt of such deposit to be served on the landlord, and the amount of the deposit may thereafter be withdrawn by the land lord 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 clause (e) of the proviso to sub-section (1) of this Section. n BtieLo f