Amendment status not verified — confirm the current text below against the official source.
Eviction and recovery of possession of premises by Landlord.— (1) A tenant shall not be evicted during the continuance of tenancy agreement unless otherwise agreed to in writing by the landlord and tenant, except in accordance with the provisions of sub- section (2) or in accordance with the provisions of section 22. (2) The Rent Court may, on an application made to it by the landlord in such manner as may be prescribed, make an order for eviction and recovery of possession of the premises on one or more of the following grounds, namely: - (a) that the tenant does not agree to pay the rent payable under section 8: (b) that the tenant has not paid the arrears of rent and other charges payable in full as specified in sub-section (I) of section 13 for two consecutive months, including interest for delayed payment as may be specified in the tenancy agreement within a period of one month from the date of service of notice of demand for payment of such arrears of rent and other charges payable to the landlord in the manner provided in sub-section (4) of section 106 of the Transfer of Property Act, 1882 (4 of 1882); 12 The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. [No. 32-1 (c) that the tenant has, after the commencement of this Act, parted with the possession of whole or any part of the premises without obtaining the written consent of the landlord: (d) that the tenant has continued to misuse the premises even after receipt of notice from the landlord to desist from such misuse. Explanation.— For the purposes of this clause, "misuse of premises" means encroachment of additional space by the tenant or use of premises which causes public nuisance or causes damage to the property or is detrimental to the interest of the landlord or for immoral or illegal purposes; (e) where it is necessary for the landlord to carry out any repair or construction or rebuilding or addition or alteration or demolition in respect of the premises or any part thereof, which is not possible to be carried out without the premises being vacated: Provided that after such repair, construction, rebuilding, addition or alteration, the tenant may be allowed to reoccupy the premises only when it has been mutually agreed to between the landlord and the tenant and a new tenancy agreement has been submitted with the Rent Authority: Provided further that the tenant shall not be allowed to reoccupy the premises: (i) in the absence of submission of such mutual tenancy agreement with the Rent Authority; and (ii) in cases where the tenant has been evicted under the orders of a Rent Court; (f) that the premises or any part thereof is required by the landlord for carrying out any repairs, construction, rebuilding, additions, alterations or demolition, for change of its use as a consequence of change of land use by the competent authority. Explanation.—For the purposes of this clause, the expression "competent authority" means the Municipal Corporation or the Municipality or the Development Authority or any other authority, as the case may be, which provides permission on matters relating to repair or redevelopment or demolition of building or permission for change in land use: (g) that the tenant has given written notice to vacate the premises let out on rent and in consequence of that notice the landlord has contracted to sell the said premises or has taken any other No. 32-1] The J&K Official Gazette, 1st Nov., 2025/10th Kart., 1947. 13 step, as a result of which his interests would seriously suffer if he is not put in possession of that premises: (h) that the tenant has carried out any structural change erected any permanent structure in the premises let out on rent without the written consent of the landlord. (3) No order for eviction of the tenant on account of failure to pay the rent specified in clause (b) of sub-section (2) shall be made, if the tenant makes payment to the landlord or deposits with the Rent Court the arrears of rent and other charges payable, if any, including interest within one month from the date of service of the said demand notice upon him. (4) Where the tenant fails to pay rent consecutively for two months subsequent to the grant of the relief specified in sub-section (3) in any one year, then the tenant shall not be entitled to such relief again. (5) In any proceedings for eviction under clause (e) of sub-section (2), the Rent Court may allow eviction from only a part of the premises, if the landlord agrees for the same.