Amendment status not verified — confirm the current text below against the official source.
(1) Where a decree for eviction has been passed by the Court on the ground specified in clause (g) or (i) of sub-section (1) of section 13 and the premises are not occupied or the work of erection is not commenced within a period of one month from the date the landlord recovers possession or the premises are re-let within one year of the said date to any person other man the original tenant, the Court may on the application of the original tenant made within thirteen months of such date, order the landlord to place in occupation of the premises on the original terms and conditions, and, on such order being made, the landlord and any person who may be in occupation of the premises shall give vacant possession to the original tenant. (2) Any landlord who recovers possession on the ground specified in clause (g) or (i) of sub-section (1) of section 13 and keeps he premises unoccupied or does not commence the work of erection without reasonable excuse within the period of one month from the date he recovered possession and any landlord or other person in occupation of the premises who fails to comply with the order of the Court under sub-section (1) shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine or with both. 104[17A.(1) Where a decree for eviction has been passed by the court on the ground specified in clause (hh) of sub-section (1) of section 13 and the work of demolishing the premises has not been commenced by the landlord within the period specified in clause (d) of sub-section (3A) of the said section, 105[or extended under the proviso to the said sub-section] the tenant may give the landlord a notice of his intention to occupy the premises from which he has been evicted and if the landlord does not forthwith deliver to him the vacant possession of the premises on the same terms and conditions on which he occupied them immediately before the eviction, the tenant may make an application to the Court within six weeks of the date on which he delieverd vacant possession of the premises to the landlord. (2) If the Court is satisfied that the landlord has not substantially commenced the work of demolishing the premises within the period of one month in accordance with his undertaking, the Court shall order the landlord to deliver to the tenant vacant possession of the premises on the terms and conditions on which he occupied them immediately before the eviction. On such order being made the landlord shall forthwith deliver vacant possession of the premises to the tenant. Such order shall be deemed to be an order within the meaning of clause (14) of section 2 of the Code of Civil Procedure, 1908. (3) Any landlord who recovers possession on the ground specified in clause (hh) of sub-section (1) of section 13, and fails to carry out any undertaking referred to in clause (a), (b) or (c) of sub-section (3A) of the said section without any reasonable excuse or fails to comply with the order of the Court under sub-section (1) shall, without prejudice to his liability in execution of the order under sub-section (2), on conviction be punishable with imprisonment for a term which may extend to three months or with fine or with both.] Recovery of possession for occupation, ect and re-entry. Recovery of possession for demolishing building. V of 1908. Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 25 of 45 106[17B. Where a decree for eviction has been passed by the Court on the ground specified in clause (hh) of sub-section (1) of section 13 and the work of demolishing the premises and of the erection of a new building has been commenced by the landlord, the tenant may. within six months from the date on which he delivered vacant possession of the premises to the landlord, give notice to the landlord of his intention to occupy a tenement in the new building on its completion on the following conditions, namely:- (a) that he shall pay to the ladlord the standard rent in respect of the tenement: Provided that, in respect of a residential tenement, the tenant concerned shall not be required to pay rent in relation to the area at more than double the rate at which he paid rent for his former premises, immediately before his eviction under the decree, 107[unless the landlord obtains an order of the Court fixing the standard rent in respect of the tenement at a higher rate]. (b) that his occupation of the tenement shall, save as provided in condition (a) above, be on the same terms and conditions as the terms and conditions on which he occupied the premises immediately before the eviction.] 108[17C.(1) On receipt of notice from the tenant under section 17B, the landlord shall, not less than three months before the date on which the erection of the new building is likely to be completed, intimate to the tenant the date on which the said erection shall be complected. On the said date the tenant shall be entitled to occupy the tenement. (2) (a) If the tenant fails to occupy the tenement within a period of one month from the date on which he is entitled to occupy it under sub- section (1), the tenant's right to occupy the said tenement under the said sub-section shall terminate and the landlord shall be entitled to recover from the tenant a sum equal to three times the amount of the monthly standard rent in respect of the tenemant. (b) If the landlord fails, without reasonable excuse, to comply with the provisions of sub-section (1) or to place the tenant in occuption of the tenement he shall, without prejudice to his liability to place the tenant in vacant possession of the tenement, on conviction, be punishable with imprisonment for a term which may, extend to three months or with fine or with both.] 109[17D. (1) 110[(a)] Where a landlord fails to erect a new building within the period specified in clause (a) of section 11A, 111[or as the case may be, in clause (a) of section 11B,] the original site, irrespective of wheather the premises thereon reffered to in section 11A 112[or section 11B exist or not,] shall vest in the State Government free from all encumbrances for the purpose of erection of new building to provide accommodation to tenants and there shall be paid to the landlord such compensation for such site as may, object to such rules as may be made in this behalf under section 49, by an order be determind by the Collector. 113[(b) the terms and conditions for providing accommondation to tenants after erection of new building shall be such as may be prescribed.] (2) An appeal shall lie to the State Government from an order made by the Collector under sub-section (1) determining the amount of compensation to be paid to the landlord, within thirty days from the date of communication of the order and the State Government may pass such order as it deems fit.]