-(l)
Notwithstanding anything to the contrary contained in this Act or any other law for the time
being in force or in any contract or usage,-
(i) A landlord shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled
to recover immediate possession of a residential premise, if he,-
(a) is or was a member of any armed forces or paramilitary forces of the Union and
aforesaid petition is filed within one year, prior to or subsequent to the date of
retirement, release or discharge, as the case may be, or within a period of one year from
the date of commencement of this Act, whichever is later;
(b) is or was an employee of the Central Government or the State Government or local
bodies or State owned corporations and files the aforesaid petition within a period prior
to or subsequent to the date of his retirement or within a period of one year from the date
of the commencement of this Act, whichever is later;
(c) has become a senior citizen and files the aforesaid petition after the expiry of three years from the date of letting out of premises;
(ii) a dependent legal representative of a landlord, who was a member of any armed forces or paramilitary forces of the Union and has died during the course of his employment, shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled to recover immediate possession of the residential premises, if the petition is filed by him within a period of one year after the death of such member or within aperiod of one year from the date of commencement of this Act, whichever is later;
(iii) after the death of a landlord, his widow shall, on a petition being filed in this behalf -in
the Rent Tribunal, be entitled to recover immediate possession of the residential premises, if the petition is filed by her within a period of one year from the date of death of her husband.
(2) Where the landlord has let out more than one premises, the petition under subsection (1) shall be maintainable in respect of one rented premises only to be chosen by the
landlord and petition under sub-section (1) shall be maintainable only If the petitioner is not residing in his own premises in the same municipal area. (3) Where a landlord, after letting out his premises on the ground floor, has incurred
such permanent disability due to which he is unable to use staircase and requiresthe ground
floor premises for his own residence, he shall, on a petition being filed in this behalf in the
Rent Tribunal, be entitled to recover immediate possession of such ground floor premises on
his furnishing a certificate from duly constituted Medical Board of a Government Hospital
about such a permanent disability and on satisfying the rent Tribunal that he has no suitable
residential premises of his own on ground floor in his possession in the same municipal area:
Provided that if tenant is prepared to vacate ground floor premises in exchange of
premises in occupation of landlord on the upper floor, the Rent Tribunal shall pass order of
immediate possession in favour of landlord only on the condition that the landlord shall
make available proportionately equal portion of the premises in his occupation on the upper floor to the tenant on such terms and conditions as may be fixed by the Rent Tribunal.
(4) Where the landlord has recovered possession of the premises under this section,he
shall be prohibited from letting out the same to any other person within a period of three
years and in case the premises are let out, the tenant shall be entitled for restoration of
possession on an application moved by him before the Rent Tribunal and the Rent Tribunal shall dispose of such application expeditiously and the procedure as laid down in section shall -mutatis mutandis apply.
Explanation.-For the purpose of this section –the expression landlord shall meanthe
owner of the residential premises.
advertisement