Section 13(1) in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947
(1)Notwithstanding anything contained in this Act [but subject to the provisions of Section 15] [These words and figures were inserted by Bombay 3 of 1949, section 3.] 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 (IV of 1882); or -(b)[that, save as otherwise provided in Section 23-A] [These words, figures and letter was substituted for the words 'that the tenant' by Gujarat 57 of 1963, section 12(1)(a).], the tenant has, without the landlord's consent given in writing, erected on the premises any permanent structure; or(c)that 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 occupiers, or has been convicted of using the premises or allowing the premises to be used for immoral or illegal purposes; or(d)that the tenant has given notice to quit and in consequence of that notice the landlord has contracted to seller 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, since the coming into operation of this Act lawfully [sub-let] [These words were substituted for the word 'sub-let' by Bombay 49 of 1959, section 5(1).] the whole or part of the premises or assigned or transferred in any other manner his interest therein; or(ee)[ that the tenant has, after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Extension and Amendment) Act, 1963, (Gujarat LVII of 1963) given the whole or any part of the premises on licence for monetary consideration to any person, without the previous permission of the landlord] [Clause (ee) was inserted by Gujarat 57 of 1963, section 12(1)(b).]; 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 coming into operation of this Act, to be in such service or employment; or(g)that the premises are reasonably and bona fide required by the landlordfor occupation by himself or by any person for whose benefit the premises are held [where the landlord is a trustee of a public charitable trust that the premises are required for occupation for the purpose of the trust] [These words were inserted by Bombay 61 of 1953, section 9(1)(a).]; or(h)that the premises are reasonably and bona fide required by the landlord for carrying out repairs which cannot be carried out without the premises being vacated; or(hh)[ that the premises consist of not more than two floors and are reasonably and bona fide 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] [Clause (hh) was inserted by Bombay 53 of 1950, section 6(1).]; or(i)that where the premises are land, such land is reasonably and bona fide required by the landlord for the erection of a new [***] [The word 'residential' was deleted by Bombay 61 of 1953, section 9(1)(c).] building; or(ii)[ 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 residential building which a local authority has approved or permitted him to build thereon;] [These clause was inserted by Bombay 61 of 1953, section 9(1)(d).](hhh)[ that the premises are required for the immediate purpose of demolition ordered by any local authority or other competent authority] [This clause was inserted by Bombay 61 of 1953, section 9(1)(b).]; or(j)that the rent charged by the tenant for the premises or any part thereof which are sub-let [before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959] [This portion was substituted for the words 1before the coming into operation of this Act' by Bombay 49 of 1959, section 5(2).] (Bombay Ordinance No. III of 1959) 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 or consideration in respect of such premises or part: or(k)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; or(l)that the tenant after the coming into operation of this Act has built,acquired vacant possession of or been allotted a suitable residence.[Explanation. - For the purposes of clause (b), no permanent structure shall be deemed to be erected on any premises merely by reason of the construction of a partition wall, door or lattice work or the filling of Kitchen-stand or such other alteration made in the premises as can be removed without serious damage to the premises.] [This explanation was added by Gujarat 57 of 1963, section 12(l)(c).]
