Amendment status not verified — confirm the current text below against the official source.
Where any sum has, whether before or after the commencement should no1 have of this Act, been paid which sum by reason of the provisions of the Acr been paid may should not have been paid, such sum shall, at any time within a period of be recovered. six months after the date of baymen t, be recoverable by, the tenant from t , 1 the landlord who received the or his legal representative, and may, without prejudice to any, other method of recovery, be deducred, within such sixmonths, by , . such ., , ... tenant from , . any reit pa'yable by him . to , such- landlord. Explanarion.-In @is section the expression " legal representative" . . , A . has the same meaning as is assigned to it in thecode of ~ i v i i Procedure, . .:_ ' I . . . 1908, and includes, in the case of joint family prbjerty', the joint family I ,-: . . of which the dcceased person was a member. - , . - , .. ,, - . lncreasc of rent '8. ( I ) ~ o t w ithstanding any thing' contained in dny other provision onaccountof oftheAct,alandlordshallbeen~tled't~increasd'th~'~ent'ofabu~ldi~~' payrncnr or or rented land if after the commencement of the, tenancy, a fresh rate, rates, ctc. of local authority. cess or tax is levied in respect of the'tiuilding or rented land by any local authority, or if there is an increase: in t tie amount of such a ratc, cess or tax being levied at. the commencement of -this ,Act : . I . : \ Provided that increase in rent shall not exceed'the amount of , . . , I . - I any' suchrate, ckis', of tax wihe amounl'of'ihcrease:in such rite, cess or ' c-! ', , tax, as the case hay be : ' '' ' ' . . ! . . . I . , . , ,Provided further t h a ~ such ~ncrease:in rent shall be payable by [he tcnant fromthg date of despa~ch of rhe wetten: notice *f:dern;rnd sent . , - , by, thc-landlord ilnder registered,cover. . : , .; .,- . , , , "(2) ~dtdithstgnding &ythihg contained , . i ~ ! . . . . . any . law for: the the'beirig ,! .. . ;:I in '.. foice or'in any contract, no len&d shall r&o+&frorn his' . r tenant the amouht . , of a+ rite,&hsor tax &'any portion there6iii-i+pe~t . [, ,:; '., - ' . . 6f ani building 'or renter? :arid occupied l$sudh fenant by any ihcieki , J " . ,- , in tlie hmount o ine rent payable'oi oth&ile, i&e is pi&ded in sub- . , ~ ~ t ~ : i b i r ( I ) . ., :,, ,, - , ' i l . . - ' . ' ,,., - : . , : , . .. I I Lzndlord to , . . 9., ( I ) Iftheame~ties~fel~rricity,sewarageortap,wa~ersupply, . . , provide c e h n have been made available in any locaiity by the State ~overnmenl or a I 1 . - amenities. loce! siiihority, the tenant of the building or rented land of such'locality shall tie &ititled t'o'the enjoyment theieDf ~bbject to the- provisions - I . 1 . . - _ ' : . . , ., ' - , ' ' hereinafter contained. " ' ' I : , ' : - . ,, I . . - .,. m , - - . . , ..... -- ...- --.. .. . .-- . -. . . . . - . - . , . . . - ' , .. ; >,,;-,.:.,, . . , , . (2) If the landlord at the written request of the renanr fails to agree in wriling to provide all or any of the amenilics within a period of thirty days or fails to provide the same wirhin a period of ninety days of such request, the lenant may apply to the Controller for thar purpose. The Controller may, on such application by the tenant and after such enquiry as he may deem fit, permit the tenant to have such amenity at the cost of the landlord on such conditions as he may deem proper. The tenant shall be entitled to deduct the expenses incurred by him in providing the amenity from the rent payable to the 1andlord till the full amount is-rkaliskd : . . j . , Provided that the rate of deduction of such expenses shall not excecd fifty per: centum of the amount of rent : Provided funhcr that the Controller may reject the application if he is satisfied thar such an. order wi 11 -cause undue hardship to the landlord, keeping in view his source of income, or would involve expenditure incommensurate with the benefit sought to he achieved. 1 (3) The Controller may f i x the extent and speciIications of t hc amenity as far as possible keeping in view the circumstances of the case and also the estimated cost thereof. r . . . , I , . -., (4). . After the amenity has .been provided,. the tenant shall - immediately. thereafter. send .he details of the expenses incurred by .him . , to the landlord. ' - : ., _ .. , ,. . (5) Ln case of dispute as regards thr: quantum of the amount spent for providing the amenity, the .same shall he decided by the Conmoller,after enquiry on an applica~ion made-to him. ' . ( 6 ) ' ~ h e landloidshall be entitlkd to enhance the rent of the building oi thk rented land to the entent of eight pei,c&tum ptr innurn of the amount spent for providing such amenity fr& the date the amenity is provided-: :, , , , - ,, ' ,- ~rovidkd! that where the ten& has initially incurred rhe expenses for providing such amenity, the enhancement of rent shall riot be allowed till the amount-spent by the tenant has been realized. . .