Where an order directing delivery of
possession has been passed by the Controller and the work of demolishing any
material portion of the building has not been substantially commenced by the
landlord within the period of one month in accordance with his undertaking, the
tenant may give the landlord notice of his intention of occupy the building the
possession of which he delivered. If within fifteen days from the date of
receipt of such notice, the landlord does not put him in possession of the
buildings on the original terms and conditions, the tenant may make an
application to the Controller within eight weeks of the date on which he put
the landlord in possession of the building. The Controller shall order the
landlord to put the tenant in possession of the building on the original terms
and conditions.
Where in a pursuance of an order passed by the Controller,
any building is totally demolished and a new building is erected in its place,
all the provisions of this Act shall cease to apply to such new building for a
period of five years from the date on which the construction of such new
building is completed and notified to the local authority concerned.
Where the tenant denies the title of the landlord or claims
right of permanent tenancy, the Controller shall decide whether the denial or
claim is bona fide and if he records a finding to that effect, the landlord
shall be entitled to sue for eviction of the tenant in a Civil Court and the
Court may pass a decree for eviction on any of the grounds mentioned in the
said sections, notwithstanding that the Court finds that such denial does not
involve forfeiture of the lease or that the claim is unfounded.
But these conditions shall not apply to a tenant whose
landlord is the Government. Further, By G.O. Ms. No. 1998, dated 12th August,
1974, the Government has exempted all the buildings owned by the Hindu,
Christian and Muslim Religious Trust and Charitable Institutions from all the
provisions of the Act. By G.O. Ms. No. 2000, dated 16th August 1976, the
Government in supersession and modification of the order in G.O. Ms. No. 1998,
dated 12th August 1974 have exempted all the buildings owned by the Hindu,
Christian and Muslim Religious Public Trusts and Public Charitable Trusts from
all the provisions of the Act. [See Notification at the end]. The religion does
not come into the picture with regard to the charitable institution as provided
for in the G.O. and in the context of the G.O. the religion has relevance only
in relation to religious trusts and consequently the expression “Hindu,
Christian and Muslim” will not qualify the expression “Charitable institutions”
and will qualify only the expression religious trusts [Suryaprakash Gupta vs.
The Madras Piece Goods Merchants Charitable Trust, 93 LW 132 at 134].
For all Your Tenancy Problems
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