Amendment status not verified — confirm the current text below against the official source.
Right o+ tenant to ilehosit rent in certain_'_cases.-(l)Where the ??; p u r , ,. 1ov1de,:d that nothin t . . address of the landlord or his authorised agent is not kl110wn to the tenant whose landlord is t1???ainGed rn this section shall apply 1 tenant, he may deposit the rent lawfully payable to the landlord in mentor oth,er public a1Jthor't ate .fiovernment or the Central Cov O ,l respect of the building together with such fee as may be prescribed for . . 1 Y not1 ed under this Act. ' c 111. the service of the notice referred to in sub-section (2) ,before such autho• . Provid_e.d further that where tl ,, . · rity and in such manner as may be prescribed, and continue to deposit lord or cl air.ms rio-ht of perm ie Lnant dcnres the title of the 1 1 any rent which may subsequently become due in respect of the building shall decide whe?her the danen1t tenancy, the Rent Conti·ril 1-.'1111 d ,. · d b ,. r d fi . en1a or l · · ,11111 1 together.with the fee pr<"scribe , as a10resa1 , - e.ore the same autho,, c?o1: s a nclmg to that effect h c aim is bona fide and ii 1 rity and in the same manner until the address .of the landlord or hfo dv1ct1on of t?e tenant in a Civ1l\?andlord shall be entitled lo Mil 111 1 authorised agent becomes known. to the tenant. '. n ecr?e for er.::uctionon any of the ourt and 0'.tC?Court may p., 1 . ..otwithstand,a_,no- that the fi grounds T!lc;1t10ned in th<· , . (2) The rent so deposited may, subject to such conditions as may forfi · . ,. t:> court nds thats ,.?1. d , · ?t t 111111, be imposed by the Rent Control Court, be withdrawn by the landlord erture of t:he lease .or that the claim is ?f?ui???l. does not i11v11I 1 or his aathorised agent, on application to the Court. (2) (n) A landlord who se k . • . r the Rent Conftrol Court for cl. e. s t? evict his tenant shall a J ii , {3) Where any bona fide doubt or dispute anses as to the person ?. a irection 1n that behalf. l l } 111 who is entitled to receive the rent for any building, the tenant may A (b) Et the Rent Control Cou ·t .. depositwch rent before such authority and in such manner as may be' r?a.sonable op_portunity of showin c 1 ' afte? g1vmg the tenallt o1 prescribed and shall report to the Rent Control Court the circumstancei ??lti:fied that :the ten?nt has not pa!dau?e?gamst the applicatioH, 1? under which SUCh deposit was made by him, and may Continue to Ill respect of the bui]dina within fiftOreren:cl,the rent clue l)y Jii111 deposit any rent which may rnbsequently become due in respect of the 1:, een ays alter the expiry of tl1t building before the same ,wthority and in the same manner until the . (3) If the landlord specified a bank. as afore?aid,the tenant shall depositthe rent in the bank and shall contin_ue to deposit in it any rent which may ,subsequently become due _inresp?e<tt. ofthe building. . (4) If _the'landlord does not specify--a·- bank 'as aforesaid, the tenant.shalLremit the.rerfr to the·landlord1:by money order, after, deducting,the money. order commission an'd,:coiii:iriue;to remit any rent which'-may subsequently become,due ,in:respece of the .building in the same,matiriermritiL' the-," laiidlo:-d · signifies·,:.by; a; __ written-notice to the tenant his willingness to accept the rent or specifi?s a bank in which the rent ..ball be• deposited in · accordance with, the provisions of sub-section (2). 12 u.nless.h?!._jproves that he.bona fide ?eedsth b • . tron or !lii'i,Mrth . e uilding for Ii him, . , ft· e occupation.by any. member_ of his family · (?';lf·? A landlord l ' order d.mr?T?cting'the t may a.pp y to the Rent Control buildin§;;".:..- . enant to put the . landlord in l1" the con?? oftf.h? tenant after the commencement of 1'11 lets the -;11!:.IDtire b??l?rdlord, transfers_his right under tl11 I confer tJl'm,1. him any r?;ht;0??Y80?0r;[??x]thereof if the 1, x '.[}Pro?idedthat an 1 · · made fooi.:.:-:the first time i app ication under this l.111 the lancl'?.,-d ha n. respect of one and the sarru 11 · .. - s-sent a registered, · ·. contravesearion ofthe' said d .. notice to the tenant u1 to terminasate the transf I . con ht10nif the lease and the !111 thirty.d21.1? of the rece·erto?? e su. -lease, as the cas ,11 1 •·' . · , . . . Ip O t e notice or the refusal th Ir . [Explarrti111!ift:"!i.on· Wh · · h ·-: ere on t e partition of a joint family m · . .';.???rt??ants, 0? On the dissolution of [I ft II ; ,,_ ?- e J?mt_famil_r or the_ co-tenants or t lu • , •• i a:._lease rs vested m a mem· be·r o·f th, . " I ?- - .. . , , , . ·• e JOlll I . co-:tenant or' a ?artner, airthecase mai, h by act of, ·parties or otl.\clliwise - tena t f h" · . ·, no 11 , - n . o Is nght under the lease sh \ I ,)ol have taken·· place. within· the mt 11111 c a use·; or J - · · · .. • 'ifiii) if 'the tenant uses th b ·1 r · · destroy C1li?ir reduce its v 1 . ·1· e m c :ng m such a 11 .,;-:.·-;·... a ue or ut1 ity matenally and perm i , (_'..tr;s: ..i) 1f the tenant alread h · l · . imbsequ"'··?•,,,.•ly"c · Y .as in 11s p. osscss1on , I '"··'"""' a. quires pos · f sufficient' K1for h · · sessi_on ° or puts up a build i11 -? - . is requirements m the same city, town or viii' (/i:,]w)if the buildin . . ' ' reconstrnu?ion and if th g is m suc_ha condition same anefc'if- he. satisfie tehlaCndlord requires b?nafideto rn' . - · · . s e ,ourt that he has th l any- re??ared· a.1:id'th · bT . . e,pan ai1d made as,: :.a_·pr?text ro/e:ic?i?;to rebuild and if' the pro1, Pro-V:i?ed that the landlord h . . struct co?m11,pletely the b "ld" w. o ?v1cts ? tenan?. and do, extended! :rhy the Rent ?? mg w1thm.a time which may 111 Court be· .. liable to a fi nttl Court, shall on a petition I1 he has w'r"Jlt.full · n l " ne o rupees five hundred; if it i I" ' such tirmr.::.·;: y eg e?ted to reconstruct completely th l>uil 1 i (l) :i:ii!U!'JJ.Gertedby Act 7 of 1966 . (2) <l'K:]'>lmitted,byAct-7 of .1966 (3) •.mierted by Act 2 of .1973 26 /ZltW<i':B-2 13 l[(c) The order of the Rent Control Court directing the tenant to put the landlord in possessionof the building shall not be' executed before the expiry of one month from the date of such order or such further period as the Rent Control Court may in its discretion allow; and if the tenant deposits the arrears of rent with interest and-: cost of proceedingswithin the said period of one month or such further period, a, the case may be, it shall vacate that order.] (3) A landlord may apply to the Rent Control Court for an: order directing the tenant to put the landlord in possession of the': building if he bona fide needs the building for his own occupation or for the occupation by any member of his family de oendent on him: Provided that the Rent Control Court shall not give any. such direction if the landlord has another building of his own in his possession in the same city, town or village except where the Rent Control Court is satisfied that for special reaso is, in any particular case it will be just and proper to do so. 1 Provided further that the Rent Control Court shall not give any· direction to a tenant to pnt the landlord in possession, if such tenant is depending for his livelihood mainly or the income derived from any trade or business carried on in such building and there is no other suitable · building available in the locality for such person to carry on such trade vr business: Provid d further that.no landlord whose right to recover pv:sessior, arises under an instrument of transfer inter vivas shall be entitled tc apply to h put in possessionuntil the expiry of one year from the date of th· instrurn nt : Provi l t1 further that if a landlord after obtaining an order to bt 1n1t 11\ p ss • i n transfers his rights in respect of the building to anothes- 1 r1'. 0J1, the transferee shall not be entitkd to be put in possessicr (1) Substituted by Act 7 of 1966 time fixed in the agreement of tenancy with his landlord or in· the absence of any such agreement by the last day of the month next following that for which the rent is payabk, it shall make an order directing the tenant to put the landlord in posses?ion of the building, · and if it is not satisfied it shall make an order rejecting the application thereof by him : Prqyjded that an. applicatio?er this sub-section shall be made on1y ff the land? has sent a r??tercd notice to the tenant inlimating :fti?_g_efault and tl1?_tcnant has failed tQ_P-ay_Q.!'._!!::nder the rerit together wit?rest at six _per cent ?r a!).Xl}!Il)...-.iV.l.c;l_J2QS\al chai:-ges-foclfrred" iii' sending the notice within fit:t_????ays of the__r?C}?ip_t o_f_the notJ.ce-Or of ·tlierefosal-tii.ereoC --- · · · · -