Amendment status not verified — confirm the current text below against the official source.
(1) In any of the following cases the Court may, upon an application made to it for that purpose, or in any suit or proceeding, fix the standard rent at such amount, as, having regard to the provisions of this Act and the circumstances of the case, the Court deems just- (a) where any premises are first let after the 68[specified date] and the rent at which they are so let is in the opinion of the Court excessive; or (b) where the Court is satisfied that there is no sufficient evidence to ascertain the rent at which the premises were let in any one of the cases mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (10) of section 5; or (c) where by reason of the premises having been let at one time as a whole or in parts and at another time in parts or as a whole, or for any other reasons, any difficulty arises in giving effect to this Part; or (d) where any premises have been or are let rent-free or at a nominal rent or for some consideration in addition to rent; or Increase in rent on account of payment of increased ground rent, etc. Court may fix standard rent and permitted increase in certain cases. Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 16 of 45 (e) where there is any dispute between the landlord and the tenant regearding the amount of standard rent. (2) If there is any dispute between the landlord and the tenant regarding the amount of permitted increase the Courts may determine such amount. 69[(3) If any application for fixing the standard rent or for determining the permitted increase is made by a tenant who has received a notice from his landlord under sub-section (2) of section 12, the Court shall make an order directing the tenant to deposit in Court forthwith, and thereafter monthly or periodically, such amount of rent or permitted increases as the Court considers to be reasonably due to the landlord pending the final decision of the application, and a copy of such order shall be served upon the landlord. Out of the amount so deposited, the Court may make order for the payment of such reasonable sum to the landlord towards payment of rent or increases due to him, as it thinks fit. If the tenant fails to deposit such amount his application shall be dismissed. (4) Where at any stage of a suit for recovery of rent, whether with or without a claim for possession of the premises, the Court is satisfied that the tenant is withholding the rent on the ground that the rent is excessive and standard rent should be fixed, the Court shall, and in any other case if it appears to the Court that it is just and proper to make such an order the Court may, make an order directing the tenant to deposit in Court forthwith such amount of rent as the Court considers to be reasonably due to the landlord. The Court may further make an order directing the tenant to deposit in Court, monthly or periodically, such amount as it considers proper as interim standard rent during the pendency of the suit. The Court may also direct that if the tenant fails to comply with any such order within such time as may be allowed by it, he shall not be entitled to appear in or defend the suit except with leave of the Court which leave may be granted subject to such terms and conditions as the Court may specify. (5) No appeal shall lie from any order of the Court made under sub-section (3) or (4). (6) An application under this section may be made jointly by all or any of the tenants interested in respect of the premises situated in the same building.] 70[11A. Where by reason of any riot or violence of mob any material part of the premises in a disturbed area is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let,- (a) the landlord shall erect the new building at the original site subject to the provisions of any rules, bye-laws or regulations made by a local authority not later than fifteen months from the date of the publication of the notification in the Official Gazette, issued under sub-section (1) of section 3 of the Gujarat Pohibition of Transfer of Improvable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 or the date on which the material part of premises of the building is wholly destroyed or rendered substantially and permanently unfit, whichever is later: Provided that the State Government may for sufficient reasons extend the period of fifteen months to such further period not exceeding nine months as it thinks fit, (b) the tenant shall have the right to occupy a tenament in the new building erected at the original site by the landlord, and the provisons of sections 17B and 17C shall, so far as may be, apply. Right of tenants in new building in disturbed areas. Guj. 12 of 1991. Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 17 of 45 Explanation.--In this section and in sub-section (1A) of section 12, the expression "disturbed area" shall have the same meaning as assigned to it in the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991.] 71[11B. Notwithsatnading anything contained in this Act, where by reason of earthquake or any other natural calamity, any material part of the premises is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let,- (a) The landlord shall erect new building at the original site, subject to the provisions of any rules, bye-laws or regulations, made by a local authority, not later than twelve months from the date on which material part of premises of the building is wholly destroyed or rendered substantialy and permanently unfit: Provided that the State Government may for sufficient reasons extend the said period of twelve months to such further period not exceeding twelve months as it thinks fit. (b) the tenant shall have the right to occupy a tenement in the new building errected at the original site by the landlord, and the provisions of sections 17B and 17C shall, so far as may be, apply.