16. (1) Notwithstanding anything contained in this Act but subject to
the provisions of section 25, a landlord shall be entitled to recover
possession of any premises if the court is satisfied—
(a) that the tenant has committed any act contrary to the
provisions of clause (o) of section 108 of the Transfer of Property Act,
1882 ;
Explanation.—For the purposes of this clause, replacing of tiles
or closing of balcony of the premises shall not be regarded as an act
of a causing damage to the building or destructive or permananetly
injurious thereto ; or
When
landlord may
recover
possession.
IV of
1882.
No ejectment
ordinarily to
be made if
tenant pays
or is ready
and willing to
pay standard
rent and
permitted
increases.
IV of
1882.
12 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
(b) that the tenant has, without the landlord’s consent given in
writing, erected on the premises any permanent structure;
Explanation.—For the purposes of this clause, the expression
“permanent structure” does not include the carrying out of any work
with the permission, wherever necessary, of the municipal authority,
for providing a wooden partition, standing cooking platform in kitchen,
door, lattice work of opening of a window necessary for ventilation, a
false ceiling, installation of air-cohditioner, an exhaust outlet or a
smoke chimney; or
(c) that the tenant, his agent, servant, persons inducted by tenant
or claiming under the tenant or, any person residing with the tenant
has been guilty of conduct which is a nuisance or annoyance to the
adjoining or neighbouring occupier, or has been convicted of using the
premises or allowing the premises to be used for immoral or illegal
purposes or that the tenant has in respect of the premises been
convicted of an offence of contravention of any of the provisions of
clause (a) of sub-section (1) of section 394 or of section 394A of the
Mumbai Municipal Corporation Act or of sub-section 394 or of section
376 or of section 376A of the *Bombay Provincial Municipal
Corporations Act, 1949, or of section 229 of the **City of Nagpur
Municipal Corporation Act, 1949 ; or of section 280 or of section 281
of the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965 ; or
(d) that the tenant has given notice to quit and in consequence of
that notice, the landlord has contracted to sell or let the premises or
has taken any other steps as a result of which he would, in the opinion
of the court, be seriously prejudiced, if he could not obtain possession
of the premises ; or
(e) that the tenant has—
(i) on or after the 1st day of February 1973, in the areas to
which the Bombay Rents, Hotel and Lodging House Rates Control
Act, 1947 applied; or
(ii) on or after the commencement of this Act, in the Vidarbha
and Marathwada areas of the State,
unlawfully sub-let or given on licence the whole or part of
the premises or assigned or transferred in any other manner his
interest therein ; or
(f) that the premises were let to the tenant for use as a residence
by reason of his being in the service or employment of the landlord,
and that the tenant has ceased, whether before or after the
commencement of this Act, to be in such service or employment; or
(g) that the premises are reasonably and bonafide required by
the landlord for occupation by himself or by any person for whose
benefit the premises are held or where the landlord is a trustee of a
public charitable trust that the premises are required for occupation
for the purposes of the trust; or
(h) that the premises are reasonably and bonafide required by
the landlord for carrying out repairs which cannot be carried out
without the promises being vacated; or
(i) that the premises are reasonably and bonafide required by the
landlord for the immediate purpose of demolishing them and such
demolition is to be made for the purpose of erecting new building on
the premises sought to be demolished; or .
Bom.
III of
1888.
Bom.
LIX of
1949. C.P.
and
Berar II
of 1950.
Mah.
XL of
1965.
Bom.
LVII of
1947.
* See now the Maharashtra Municipal Corporation Act. ** See now the Bombay Provincial Municipal Corporation (Amendment) are the City of Nagpur
Corporation (Repeal) Act, 2011 (Mah. 23 of 2012).
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 13
(j) that the premises let consist of a tenement or tenements on
the terrace of a building such tenement or tenements being only in
part of the total area of the terrace, and that the premises or any part
thereof are required by the landlord for the purpose of the demolition
thereof and erection or raising of a floor or floors on such terrace;
Explanation.—For the purposes of this clause, if the premises let
include the terrace or part thereof, or garages, servants quarters or
out-houses (which are not on the terrace), or all or any one or more of
them, this clause shall nevertheless apply; or
(k) that the premises are required for the immediate purpose of
demolition ordered by any municipal authority or other competent
authority; or
(l) that where the premises are land in the nature of garden or
grounds appurtenant to a building or part of a building, such land is
required by the landlord for the erection of a new building which a
municipal authority has approved or permitted him to build thereon;
or
(m) that the rent charged by the tenant for the premises or any
part thereof which are sub-let is in excess of the standard rent and
permitted increases in respect of such premises or part or that the
tenant has received any fine, premium, other like sum of consideration
in respect of such premises or part; or
(n) that the premises have not been used, without reasonable
cause for the purpose for which they were let for a continuous period
of six months immediately preceding the date of the suit.
(2) No decree for eviction shall be passed on the ground, specified in
clause (g) of sub-section (1), if the court is satisfied that, having regard to
all the circumstances of the case including the question whether other
reasonable accommodation is available for the landlord or the tenant,
greater hardship would be caused by passing the decree than by refusing
to pass it.
Where the court is satisfied that no hardship would be caused either
to the tenant or to the landlord by passing the decree in respect of a part
of the premises, the court shall pass the decree in respect of such part
only.
Explanation.—For the purposes of clause (g) of sub-section(1) the
expression “landlord” shall not include a rent-farmer or rent-collector or
estate-manager.
(3) A landlord shall not be entitled to recover possession of any
premises under the provisions of clause (g) of sub-section (1) if the premises
are let to the Central Government in a cantonment area and such premises,
are being used for residence by members of the armed forces of the Union,
or their families.
(4) The court may pass the decree on the ground specified in clause
(h) or (i) of sub-section (1) only in respect of a part of the premises which
in its opinion it is necessary to vacate for carrying out the work of repair
or erection.
(5) Notwithstanding anything contained in any other law for the time
being in force, an assignment of a decree for eviction obtained on the
grounds specified in clauses (g), (h), (i) and (j) of sub-section (1) shall be
unlawful.
H 4117—3
14 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
(6) No decree for eviction shall be passed on the ground specified in
clause (i) or (j) of sub-section (1), unless the Court is satisfied,—
(a) that the necessary funds for the purpose of the erection of
new building or for erecting or raising of a new floor or floors on the
terrace are available with the landlord;
(b) that the plans and estimates for the new building or new floor
or floors have been properly prepared;
(c) that the new building or new floor or floors to be erected by
the landlord shall, subject to the provisions of any rules, by-laws or
regulations made by municipal authority contain residential tenements
not less than the number of existing tenements which are sought to be
demolished;
(d) that the landlord has given an undertaking,—
(i) that the plans and estimates for the new building or new
floor or floors to be erected by the landlord include premises for
each tenant with carpet area equivalent to the area of the premises
in his occupation in the building sought to be demolished subject
to a variation of five per cent. in area;
(ii) that the premises specified in sub-clause (i) will be offered
to the concerned tenant or tenants in the re-erected building or,
as the case may be on the new floor or floors;
(iii) that where the carpet area of premises in the new building
or on the new floor or floors is more than the carpet area specified
in sub-clause (i) the landlord shall, without prejudice to the liability
of the landlord under sub-clause (i), obtain the consent, in writing,
of the tenant or tenants concerned to accept the premises with
larger area; and on the tenant or tenants declining to give such
consent the landlord shall be entitled to put the additional floor
area to any permissible use;
(iv) that the work of demolishing the premises shall be
commenced by the landlord not later than one month, and shall be
completed not later than three months, from the date he recovers
possession of the entire premises; and
(v) that the work of erection of the new building or new floor
or floors shall be completed by the landlord not later than fifteen
months from the said date:
Provided that, where the court is satisfied that the work of
demolishing the premises could not be commenced or completed,
or the work of erection of the new building or, as the case may be,
the new floor or floors could not be completed, within time, for
reasons beyond the control of the landlord, the court may, by
order, for reasons to be recorded, extend the period by such further
periods, not exceeding three months at a time as may, from time
to time, be specified by it, so however that the extended period
shall not exceed twelve months in the aggregate.
(7) Where the possession of premises is recovered on the ground
specified under clause (g), (h), (i) or (j) of sub-section (1) and the premises
are transferred by the landlord, or by operation of law before the tenant
or tenants are placed in occupation, then such transfer shall be subject to
the rights and interests of such tenants.
(8) For the purposes of clause (m) of sub-section (1), the standard rent
or permitted increase in respect of the part sub-let shall be the amounts
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 15
bearing such proportion to the standard rent or permitted increases in
respect of the premises as may be reasonable having regard to the extent
of the part sub-let and other relevant considerations.
(9) Notwithstanding anything contained in this Act, where the premises
let to any person include—
(i) the terrace or part thereof; or
(ii) any one or more of the following structures, that is to say,
tower-rooms, sitting-out-rooms, ornamental structures, architectural
features, landings, attics on the terrace of a building, or one or more
rooms of whatsoever description on, such terrace (such room or rooms
being in the aggregate of an area not more than one-sixth of the total
area of the terrace); or
(iii) the terrace or part thereof and any such structure,
and the court is satisfied that the terrace or structure or terrace including
structure as aforesaid, are required by the landlord for the purpose of
demolition and erection or raising of a floor or floors on such terrace, the
landlord shall be entitled to recover possession of the terrace including
such tower-rooms, sitting-out-rooms, ornamental structures, architectural
features, landings, attics or rooms, the court may make such reduction,
if any, in the rent as it may deem just.
(10) A suit for eviction on the grounds specified in clause (h), (i), (j) or
(k) of sub-section (1) may be filed by the landlord jointly against all the
tenants occupying the premises sought to be demolished.
17. (1) The court shall, when passing a decree on the ground specified
in clause (h) of sub-section (1) of section 16, ascertain from the tenant
whether he elects to be placed in occupation of the premises or part thereof
from which he is to be evicted and if the tenant so elects, shall record the
fact of the election, in the decree and specify in the decree the date on or
before which he shall deliver possession so as to enable the landlord to
commence the work of repairs.
(2) If the tenant delivers possession on or before the date specified in
the decree, the landlord shall, two months before the date on which the
work of repairs is likely to be completed, give notice to the tenant of the
date on which the said work shall be completed. Within thirty days from
the date of receipt of such notice the tenant shall intimate to the landlord
his acceptance of the accommodation offered and deposit with the landlord
rent for one month. If the tenant gives such intimation and makes the
deposit, the landlord shall, on completion of the work of repairs, place the
tenant in occupation of the premises or part thereof on the terms and
conditions existing on the date of the passing of the decree for eviction. If
the tenant fails to give such intimation and to make the deposit, the tenant’s
right to occupy the premises shall terminate.
(3) If, after the tenant has delivered possession on or before the date
specified in the decree, the landlord fails to commence the work of repairs
within one month of the specified date or fails to complete the work within
a reasonable time or having completed the work fails to place the tenant
in occupation of the premises in accordance with sub-section (2), the court
may, on the application of the tenant made within one year of the specified
date, order the landlord to place him in occupation of the premises or part
thereof on the terms and conditions existing on the date of passing of the
decree for eviction and on such order being made, the landlord and any
person who may be in occupation shall give vacant possession to the tenant
of the premises or part thereof.
Recovery of
possession for
repairs and
re-entry.
H 4117—3a
16 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
(4) Any landlord who, when the tenant has vacated by the date specified
in the decree, without reasonable excuse fails to commence the work of
repairs and any landlord or other person in occupation of the premises
who fails to comply with the order made by the court under sub-section (3),
shall, on conviction, be punishable with imprisonment for a term which
may extend to three months or with fine which may extend to one thousand
rupees or with both.
18. (1) Where a decree for eviction has been passed by the court on
the ground specified in clause (g) of sub-section (1) of section 16 and the
premises are not occupied within a period of one month from the date the
landlord recovers possession or the premises are re-let within one year of
the said date to any person other than the original tenant, the court may,
on the application of the original tenant made within thirteen months from
such date, order the landlord to place him in occupation of the premises,
on the terms and conditions existing on the date of passing of the decree
for eviction and, on such order being made, the landlrod and any person
who may be in occupation of the premises shall give vacant possession to
the original tenant.
(2) Any landlord who recovers possession on the ground specified in
clause (g) of sub-section (1) of section 16 and keeps the premises unoccupied
without reasonable excuse and any landlord or other person in occupation
of the premises who fails to comply with the order of the court under subsection (1) shall, on conviction, be punishable with imprisonment for a
term which may extend to three months or with fine which may extend to
five thousand rupees or with both.
19. (1) Where a decree for eviction has been passed by the court on
the ground specified in clause (i) or (j) of sub-section (1) of section 16, and
the work of demolishing the premises has not been commenced by the
landlord within the period specified in sub-clause (iv) of clause (d) of subsection (6) of the said section, the tenant may give the landlord a notice of
his intention to occupy the premises from which he has been evicted and
if the landlord does not forthwith deliver to him the vacant possession of
the premises on the same terms and conditions on which he occupied them
immediately before the eviction, the tenant may make an application to the
court within six weeks from the date on which he delivered vacant
possession of the premises to the landlord.
(2) If the court is satisfied that the landlord has not substantially
commenced the work of demolishing the premises within the period of one
month in accordance with his undertaking, the court shall order the landlord
to deliver to the tenant vacant possession of the premises on the terms and
conditions on which he occupied them immediately before the eviction. On
such order being made, the landlord shall forthwith deliver vacant
possession of the premises to the tenant. Such order shall be deemed to be
an order within the meaning of clause (14) of section 2 of the Code of Civil
Procedure, 1908.
(3) Any landlord who recovers possession on the ground specified in
clause (i) or (j) of sub-section (1) of section 16, and fails to carry out any
undertaking referred to in sub-clause (i), (ii), (iii), (iv) or (v) of clause (d)
of sub-section (6) of the said section without any reasonable excuse or fails
to comply with the order of the court under sub-section (1) shall, without
prejudice to his liability in execution to the order under sub-section (2), on
conviction, be punishable with imprisonment for a term which may extend
to thirty days or with fine which may extend to five thousand rupees or
with both.
Recovery of
possession for
occupation,
etc., and reentry.
Recovery of
possession for
demolishing
building.
V of
1908.
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 17
20. Where a decree for eviction has been passed by the court on the
ground specified in clause (i) of sub-section (1) of section 16 and the work
of demolishing the premises and of the erection of a new building has been
commenced by the landlord, the tenant may, without prejudice to the
provisions of sub-clauses (ii) and (iii) of clause (d) of sub-section (6) of
section 16 within six months from the date on which he delivered vacant
possession of the premises to the landlord, give notice to the landlord of
his intention to occupy a tenement in the new building on its completion
on the following conditions, namely :—
(a) that he shall pay to the landlord the standard rent in respect of
the tenement:
Provided that, in respect of a residential tenement, the tenant
concerned shall not be required to pay rent in relation to the area at
more than double the rate at which he paid rent for his former premises
immediately before his eviction under the decree, unless the landlord
obtains an order of the court fixing the standard rent in respect of the
tenement at higher rate ;
(b) that his occupation of the tenement shall, save as provided in
condition (a), be on the same terms and conditions on which he occupied
the premises immediately before the eviction.
21. (1) The landlord shall, not less than three months before the
date on which the erection of the new building or, completion as the case
may be, new floor or floors is likely to be completed, intimate to the tenant,
the date on which the said erection shall be completed. On the said date,
the tenant shall be entitled to occupy the premises assigned to him by the
landlord.
(2) (a) If the tenant fails to occupy the premises within a period of one
month from the date on which he is entitled to occupy it under sub-section
(1), the tenant’s right to occupy the said premises under the said subsection shall terminate; and the landlord shall be entitled to recover from
the tenant a sum equal to three times the amount of the monthly standard
rent in respect of the premises.
(b) If the landlord fails, without reasonable excuse, to comply with the
provisions of sub-section (1) or to place the tenant in occupation of the
premises, he shall, without prejudice to his liability to place the tenant in
vacant possession of the premises on conviction, be punishable with
imprisonment for a term which may extend to three months or with fine
which may extend to five thousand rupees or with both.
22. (1) Where any landlord intends to let any premises or any part
thereof belonging to him, to his employee, such landlord and the employee
may enter into an agreement in writing to create a service tenancy in
respect of the said premises or any part thereof; and notwithstanding
anything contained in this Act, the tenancy so created shall remain in force
during the period of service or employment of the tenant with the landlord.
(2) After the creation of the service tenancy under sub-section (1), if
the tenant ceases to be in the service or employment of the said landlord
either by retirement, resignation, termination of service, death or for any
other reason, the tenant or any other person residing with him or claiming
under him fails to vacate such premises or any part thereof immediately,
then, notwithstanding anything contained in this Act or in any other law
for the time being in force, the Competent Authority shall, if it is satisfied,
Landlord to
intimate to
tenant date of
completion and
tenant’s right
to occupy
premises in
new building.
Recovery of
possession in
case of
tenancy
created
during service
period.
Tenants’ right
to give notice
to landlord of
his intention
to occupy
tenement in
new building.
18 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
on an application made to it in this behalf by such landlord within thirty
days, make an order that the tenant or any such person as aforesaid shall
place the landlord in vacant posession of such premises or part thereof;
and on their refusal or failure to do so the Competent Authority may proceed
to take action under section 45 :
Provided that, the Competent Authority may entertain an application
under this sub-section after the expiry of the said period, if it is satisfied
that the applicant was prevented by sufficient cause from making the
application in time :
Provided further that, where the tenant is a workman or an employee
whose services are terminated and a dispute in respect of such termination
is pending before a tribunal, Court or any other competent authority, the
order for a eviction shall not be passed until such tribunal, court or
authority, under the relevant law, finally upholds the order of such
termination.
Explanation.—For the purposes of this section, the expression
“landlord” shall not include, in respect of subtenant, a tenant who has sublet any premises, or in respect of a deemed tenant, a tenant at whose
instance the deemed tenant has come in occupation of any premises.