Bare ActsThe Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973)

Section 1

Subslituted by Haryana Act 16 of 1978

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

Subslituted by Haryana Act 16 of 1978. I 973 : Aaryana Act 11 ] . L~RBAN (coxntoi. o~ KFN r ANU EI~ICI ION) 17 his service or employment in conmavention of the provisions of the Induslrial disputes Acr, 1947, he shall not be liable to be evicted until the competent authority under that Act confirms the order of discharge or dismissal made againsl him by the landlord ; (iv) the tenant has already in his own possession a residential building or subsequen 1 l acquires possession of, ar erects, such a building reasonably sufficient for his requirement in the urban area concerned ; ( v ) he is a member of: the, mmed forces of the Union of India and requires it ior the occupation of his family and produces a cenificarc. from. the pscribed authority referred to h s e c tion 7 of- the Indian Soldiers ( t i tigation) , Act, 1925. that he is serving under special cqndirions within the meaning of section 3 of that Act. E,rplanatiou,-For the purposes,of this sub-clause "family" means such relations of the landlord as ordinarily . live . with him and aqe dependent upon him ; . . (b) iri the case of rented land, if he requires it for his own use. is not occupying in the urban area concerned for the.. purpose,of his, busines any other rented land and has not I . vacated such rcntedland without sufficicn~ cause aher . thc commenccment of the 1949 Act; . , . . > ' (c) inthecaseof~nybuildingorrentedland;ifhcrequircsit to carry out any building work at the insrance of the State Government . , or.loca1 . . aurhority or any improvement trust under some improvement or dcvelopmcnt scheme or if i t has become unsafe .or unfit. for human habitation : Provided that where the tenancy is for a specified , period agreed upon between the landlord and the tenant, the landlord shall not, except under sub,clause (11) of clause , (u),,be entitIed to apply under this sub-section before Ihe expiry of such penod : . .. , , . Provided further that where the landlord hus obtained' . . . 'possession of a residerilial building dr &red land under , ;. the provisions of sub-clause ( i j or sub-clause (v) of clause '. , (a) or clalise (b), he shall not be entitled to apply again urider (he said provisions for the possession of any other ' building or rented land of the same,class : provided further that where a landlord has obtained possession of any building under the provisions of subxlause (ii) of clause (a), he shall not be entitled to ripply again'under he said sub-clause for the possession of any other building for the use or for the residence, ai the case may be, of the same son. ' [(3A) In the,case of a non-residential building, a landlord who stands retired or discharged ?[ ]'from the k c d forces of the Union of India or who was a minor son at the time of death of the deceased landlord, and requires it for his perSonal use, may within a period of three years from the dare of retirement or discharge or attaining the age of eighteen years, as the case may be,, apply to the Controller for an order dire~ting the tenant to put the landlord in possession : Provided that where the landlord has obtaincd possession of a I non-residen tial building under this sub-section, he shall not- be entitled to apply again ,for the possession of any other non-residential building of the samc class.] , . . , . I , , . . (4) The Controller shall, if he is satisfied thai the claim of the landlord is bonafide, make an order directing thc tenant to put the landlord in possession of the building or rented land on such date as may be specified by the Controller and if the Controller is not so satisfied, he shall make an order rejecting the applic-ation : Provided that the Controller may give the tenant a reasonable time for putting the landiord in possession of th'e building or rented land and may extend such time so asmnot to exceed three months in the aggregate. . . (5) Where an application is made under sbb-clause (v) of clause (a) of sub-section (3), it shall be disposed off, as far as may be, within a period of one month and if the claim of the hdlord is accepted, the Controller shall make an order directing the tenant to put the landlord in possession of the buj Iding on a date to be specified in the order and such date shall not be later than fifteen.days from the date of the order.

Section 1 – The Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973) | DailyLaw.ai