Section 13State of Punjab Act

Section 13: Eviction of tenants

East Punjab Urban Rent Restriction Act, 1949

Eviction of tenants.

(1)

A tenant in possession of a building or rented land shall not be evicted therefrom in execution of a decree passed before or after the commencement of this Act or otherwise and whether before or after the termination of the tenancy, except in accordance with the provisions of this Section, [or in pursuance of an order made under Section 13 of the Punjab Urban Rent Restriction Act, 1947, as subsequently amended] [Added by Punjab Act XVII of 1950, Section 2. (These words shall be deemed to have been added since the commencement of East Punjab Act, III of 1949).].

(2)

A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the applicant, is satisfied -

(i)

that the tenant has not paid or tendered the rent due by him in respect of the building or rented land within fifteen days after the expiry of the 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 payable:

Provided that if the tenant on the first hearing of the application for ejectment after due service pays or tenders the arrears of rent and interest at six per cent per annum on such arrears together with the cost of application assessed by the Controller, the tenant shall be deemed to have duly paid or tendered the rent within the time aforesaid;

(ii)

that the tenant has after the commencement of this Act without the written consent of the landlord -

(a)

transferred his right under the lease or sublet the entire building or rented land or any portion thereof; or

(b)

used the building or rented land for a purpose other than that for which it was leased, or

(iii)

that the tenant has committed such acts as are likely to impair materially the value or utility of the building or rented land, or

(iv)

that the tenant has been guilty of such acts and conduct as are a nuisance to the occupiers of buildings in the neighbourhood, or

(v)

that where the building is situated in a place other than a hill-station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause,

the Controller may make an order directing the tenant to put the landlord in possession of the building or rented land and if the Controller is not so satisfied he shall make an order rejecting the application:Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building or rented land and may extend such time so as not to exceed three months in the aggregate.

(3)

(a)

A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession -

(i)in the case of a residential [ * * *] [The words 'or a scheduled' omitted by Punjab Act 29 of 1956, Section 2.] building if -

(a)he requires it for his own occupation;

(b)

he is not occupying another residential [* * *] [The words 'or a scheduled' omitted by Punjab Act 29 of 1956, section 2.] building, [* * *] [***] [The words 'as the case may be' omitted by Punjab Act 29 of 1956.] in the urban area concerned; and

(c)

he has not vacated such a building without sufficient cause after the commencement of this Act, in the said urban area;

(d)

[ it was let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and the tenant has ceased, whether before or after the commencement of this Act, to be in such service or employment: [Added by Punjab Act 21 of 1957, Section 2.]

Provided that where the tenant is workman who has been discharged or dismissed by the landlord from his service or employment in contravention of the provisions of the Industrial Disputes Act, 1947, he shall not be liable to be evicted until the competent authority under that Act confirms the order of discharge or dismissal made against him by the landlord.][(i-a) In the case of a residential building, if the landlord is a member of the armed forces of the Union of India and requires it for the occupation of his family and if he produces a certificate of the prescribed authority, referred to in Section 7 of the Indian Soldiers (Litigation) Act, 1925, that he is serving under special conditions within the meaning of Section 3 of the Act. [Sub-paragraph (i-a) added by Punjab Act 6 of 1966, Section 2.]Explanation. - For the purposes of this sub-paragraph -

(1)the certificate of the prescribed authority shall be conclusive evidence that the landlord is serving under special conditions; and

(2)"family" means such relations of the landlord as ordinarily live with him and are dependent upon him;]

(ii)in the case of [a non-residential building or] [The words 'a non-residential building or' were omitted by Punjab Act No. 29 of 1956, Section 2(ii)(a).] rented land, if -

(a)he requires it for his own use;

(b)he is not occupying in the urban area concerned for the purpose of his business any other such [building or] [The words 'building or' were omitted by Punjab Act 29 of 1956, section 2(ii)(c).] rented land, [as the case may be] [The words 'as the case may be' were omitted by Punjab Act 29 of 1956.]; and

(c)he has not vacated such [a building or] [The words 'a building or' were omitted by Punjab Act 29 of 1956, section 3(ii)(c).] rented land without sufficient cause after the commencement of this Act, in the urban area concerned;

(iii)[ in the case of any building or rented land, if he requires it to carry out any building work at the instance of the Government or local authority or any Improvement Trust under some improvement or development scheme or if it has become unsafe or unfit for human habitation;] [Substituted by Punjab Act 29 of 1956, section 2(iii).]

(iv)in the case of [any building] [The words 'any residential building', were substituted for the words 'any building' by Punjab Act 29 of 1956, section 2(iv).] if he requires it for use as an office, or consulting room by his son who intends to start practice as a lawyer or as a "registered practitioner" within the meaning of that expression as used in the Punjab Medical Registration Act, 1916, or for the residence of his son who is married, if -

(a)his son as aforesaid is not occupying in the urban area concerned any other building for use as office, consulting room or residence, as the case may be; and

(b)his son as aforesaid has not vacated such a building without sufficient cause after the commencement of this Act, in the urban area concerned:

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-paragraph (i-a), be entitled] [Substituted for the words 'shall not be entitled' by Punjab Act 6 of 1966, section 2.] to apply under this sub-section before the expiry of such period:Provided further that where the landlord has obtained possession of [a residential, a scheduled or non-residential building or rented land] [The words 'a residential building or rented land' were substituted for the words 'a residential, a scheduled or non-residential building or rented land' by Punjab Act 29 of 1956, section 2(v).] under the provisions of sub- paragraph (i) or sub-paragraph (ii) he shall not be entitled to apply again under the said sub-paragraphs for the possession of any other building of the same class or rented land:Provided further that where a landlord has obtained possession of any building under the provisions of sub-paragraph (iv) he shall not be entitled to apply again under the said sub-paragraph for the possession of any other building for the use of, or as the case may be, for the residence of the same son.

(b)The Controller shall, if he is satisfied that the claim of the landlord is bona fide make an order directing the 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 application:

Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building or rented land and may extend such time so as not to exceed three months in the aggregate.

(c)[Where an application is made under sub-paragraph (i-a) of paragraph (a), it shall be disposed of, as far as may be, within a period of one month and if the claim of the landlord is accepted, the Controller shall make an order directing the tenant to put the landlord in possession of the building 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.] [Added by Punjab Act 6 of 1966.]

(4)

Where a landlord who has obtained possession of a building or rented land in pursuance of an order under sub-paragraph (i) or sub-paragraph (ii) of paragraph (a) of sub-section (3) [does not himself occupy it or, if possession was obtained by him for his family in pursuance of an order under sub- paragraph (i-a) of paragraph (a) of sub-section (3), his family does not occupy the residential building, or, if possession] [Substituted for the words 'does not himself occupy it or, if possession' by Punjab Act 6 of 1966, section 2(2).] was obtained by him on behalf of his son in pursuance of an order under sub-paragraph (iv) of paragraph (a) of sub-section (3), his son does not occupy it for the purpose for which possession was obtained, for a continuous period of twelve months from the date of obtaining possession or where a landlord who has obtained possession of a building under sub-paragraph (iii) of the aforesaid paragraph (a) puts that building to any use or lets it out to any tenant other than the tenant evicted from it, the tenant who has been evicted may apply to the Controller for an order directing that he shall be restored to possession of such building or rented land and the Controller shall make an order accordingly.[(4-A) Where a tenant is evicted from a residential building or scheduled building in pursuance of an order made under Section 13-A and the specified landlord, or, as the case may be, the widow, child, grandchild or widowed daughter-in-law of the specified landlord, -

(a)

does not occupy it for a continuous period of three months from the date of such eviction, or

(b)

within a period of three years from the date of such eviction of the tenant, lets out the whole or any part of such building, from which the tenant was evicted, to any person other than the tenant,

such evicted tenant may apply to the Controller, for an order directing that the possession of the building shall be resorted to him and the Controller shall make an order accordingly.] [Inserted by Amending Act 2 of 1985, section 3.]

(5)

Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Controller may direct that compensation not exceeding one hundred rupees be paid by such landlord to the tenant.

Sec 12 — Failure by landlord to make necessary repairs

Sec 13A — [ Right to recover immediate possession of residential or scheduled building to accrue to certain persons.] [Inserted by Amending Act 2 of 1985 section 4, w.e.f. 15.11.1985.]

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