Section 29 in The Displaced Persons (Compensation and Rehabilitation) Act, 1954
29. Special protection from ejectment to certain classes of persons—Where any person to whom the provisions of this section apply, is in lawful possession of any immovable property of the class notified under sub-section (2), which is transferred to another person under the provisions of this Act, then, notwithstanding anything contained in any other law, such person shall, without prejudice to any other right which he may have in the property, be deemed to be a tenant of the transferee on the same terms and conditions as to payment of rent or otherwise on which he held the property immediately before the transfer :
Provided that notwithstanding anything contained in any such terms and conditions, no such person shall be liable to be ejected from the property during such period not exceeding two years as may be prescribed in respect of that class of property, except on any of the following grounds, namely;(a)that he has neither paid nor tendered the whole amount of arrears of rent due after the date of the transfer within one month of the date on which a notice of demand has been served on him by the transferee in the manner provided in Section 106 of the Transfer of Property Act, 1882 (IV of 1982);(b)that he has, without obtaining the consent of the transferee in writing:-(i)subject or otherwise parted with the possession of the whole or any part of the property, or(ii)used the property for a purpose other than the purpose for which he was using it immediately before the transfer;(c)that he has committed any act, which is destructive of, or permanently injurious to, the property.(2)The Central Government may, from time to time by notification in the Official, Gazette, specify the class of persons to whom, and the class of immovable property in the compensation pool, other than agricultural land in respect of which the provisions of this section shall apply and in issuing any such notification the Central Government shall have regard to the following matters, that is to say—(a)the length of period for which any such persons may have been in lawful possession of the property.(b)the difficulty of obtaining alternative accommodation;(c)the availability of any other suitable residential accommodation for the use of the transferee; and(d)such other matters as may be prescribed.Commentary
