Section 6 in Assam Urban Areas Rent Control Act, 1955
6. Bar against passing and execution of decree and orders for ejection.
(1)No order or decree for the recovery of possession of any house shall be made or executed by any Court so long as the tenant pays rent to the full extent allowable under this Act and performs the conditions of the tenancy ;Provided that nothing in this sub-section shall apply in a suit or proceedings for eviction of the tenant from the house :-(a)where the tenant has done any act contrary to the provisions of clause (m), clause (o) or clause (p) of section 108 of the Transfer of Property Act, 1882 (Act IV of 1882), or to the spirit of the aforesaid clauses in areas where the Act does not apply, or(b)where the tenant has been guilty of conduct which is a nuisance or an annoyance to the occupiers of the adjoining or neighbouring houses, or(c)where the house is bonafide required by the landlord either for purposes of repairs or re-building, or for his own occupation or for the occupation of any person for whose benefit the house is held, or where the landlord can show any other cause which may be deemed satisfactory by the Court, or(d)where the tenant sublets the house or any part thereof or otherwise transfers his interests in the house or any part thereof without permission in writing from the landlord, or(e)where the tenant has not paid the rent lawfully due from him in respect of the house or(f)where the tenant has built, acquired, or been allotted a suitable residence.(2)The fact that the interest of the landlord in the house has been transferred shall not, of itself, be deemed to be a satisfactory cause within the meaning of the proviso to sub-section (1), provided that the tenant is ready and willing to pay rent to the full extent allowable under this Act.(3)Where the landlord recovers possession of a house from a tenant on the ground that the house is bonafide required by him for purposes of repairs or re-building or for his own occupation or for the occupation of any person for whose benefit the house is held, and the repairs or the rebuilding of the house is not commenced or the house is not occupied by the landlord of such person within fifteen days of the date of vacation of the house by such tenant, or the house having been so occupied is within six months of the said date re-let to or allowed to be possessed by any other person, the Court may, on the application of the evicted tenant made within seven months of his vacating the house, direct the landlord to put the evicted tenant in possession of the house within such period as the Court may fix and to pay him such compensation as appears to the Court to be reasonable and proper. Such a direction shall be deemed to be a decree under the Civil Procedure Code, 1908 (Act V of 1908), and to be capable of execution as such under the provisions of that Code.(4)Where the landlord refuses to accept the lawful rent offered by his tenant, the tenant may, within a fortnight of its becoming due, deposit in Court the amount of such rent together with process-fees for service of notice upon the landlord, and on receiving such deposit, the Court shall cause a notice of the receipt of such deposit to be served on the landlord, and the amount of the deposit may thereafter be withdrawn by the landlord on application made by him to the Court in that behalf. A tenant who has made such deposit shall not be treated as a defaulter under clause (e) of the proviso to sub-section (1) of this section.
