Section 23G in The M.P. Accommodation Control Act, 1961
23G. Recovery of possession for occupation and re-entry.
(1)Where an order for the eviction of a tenant is made on the ground specified in clause (a) of Section 23-A, the landlord shall not be entitled to obtain possession thereof before the expiration of a period of two months from the date of the order.(2)Where an order for the eviction of a tenant is made on the grounds specified in clause (b) of Section 23-A, the landlord shall not be entitled to obtain possession thereof-(a)before the expiration of period of two months from the date of the order; and(b)if the accommodation is situate in cities of Gwalior (including Lashkar and Morar), Indore, Ujjain, Ratlam, Bhopal, Jabalpur, Raipur or Durg or such other towns or cities specified by the State Government by notification in that behalf, unless the landlord pays to the tenant such amount by way of compensation as may be equal to-(i)double the amount of the annual standard rent of the accommodation in the following cases:(a)where the accommodation has, for a period of ten complete years immediately preceding the date on which the landlord files an application for possession thereof, been used for business purposes or for any other purposes alongwith such purpose, by the tenant who is being evicted;(b)where during the aforesaid period of ten years, the tenant carrying on any business in the accommodation has left it and the tenant immediately succeeding has acquired the business of his predecessor either through transfer or inheritance;(ii)the amount of the annual standard rent in other cases.(3)Where a landlord recovers possession of any accommodation from the tenant in pursuance of an order made under clause (a) or clause (b) of Section 23-A, the landlord shall not, except with the permission of the Rent Controlling Authority obtained in the prescribed manner, re-let the whole or any part of the accommodation within two years from the date of obtaining such possession, and in granting such permission, the Rent Controlling Authority may direct the landlord to put such evicted tenant in possession of the accommodation.(4)Where a landlord recovers possession of any accommodation as aforesaid and the accommodation is not occupied by the landlord if he is the owner thereof, or by the person for whose benefit the accommodation is held, within two months of obtaining such possession, or the accommodation having been so occupied is, at any time within two years from the date of obtaining possession re-let to any person other than the evicted tenant without obtaining the permission of the Rent Controlling Authority under sub-Section (3) or the possession of such accommodation is transferred to another person for reasons which do not appear to the Rent Controlling Authority may, to be bonafide, the Rent Controlling Authority may, on an application made to it in this behalf by such evicted tenant within such time as may be prescribed, direct the landlord to put the tenant in possession of the accommodation or to pay him such compensation as the Rent Controlling Authority thinks fit. 6(5)Where the landlord makes any payment to the tenant by way of compensation under sub-Section (2), the evicted tenant shall not be liable to refund the same to the landlord on being put in possession of the accommodation under sub-Section (3) or sub-section (4).
