Section 39 in The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
39. When manager of a hotel or owner of lodging house may recover possession.
- Notwithstanding anything contained in this Act, a manager of a hotel or owner of a lodging house shall be entitled to recover possession of the accommodation provided by him on obtaining a certificate from the Controller certifying that -(a)the lodger has been guilty of conduct which is a nuisance or an annoyance to any adjoining or neighbouring lodger.(b)the accommodation is reasonably and bona fide required by the owner of the hotel or lodging house, as the case may be, either for his own occupation or for the occupation of any person for whose benefit the accommodation is held or for any other cause which may be deemed satisfactory by the Controller.(bb)the lodger is, habitually irregular or has made a default for three months in making payment of the charges for board, lodging or other service provided in the hotel or lodging house;(c)the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof:Provided that before issuing a certificate under this clause the Controller shall take into consideration the vacancies, if any, in the accommodation for daily and monthly lodgers, the percentage of which has been fixed or revised under section 33 or section 34 and the circumstances under which the lodger did not vacate on the termination of the period of the agreement; or.(d)the lodger has done any act which is inconsistent with the purpose for which the accommodation is provided to him or which is likely to affect adversely and substantially the owners interest therein.
