- Not withstanding anything contained in any other law or contract but subject to other provisions of this Act, the Rent Tribunal shall not order eviction of tenant unless it is satisfied that, -(a)the tenant has neither paid not tendered the amount of rent due front him for four months :-Provided that the ground under this clause shall not be available to the landlord if he has not disclosed to the tenant his hank account number and name of the bank in the same Municipal area, in the rent agreement or by a notice sent to him by registered post, acknowledgment due :Provided further that no petition on the ground under [his clause shall he filed unless the landlord has given it notice to the tenant by registered post, acknowledgment due, demanding arrears of rent and the tenant has not made payment of arrears of rent within a period of thirty days from the (late of service of notice.Explanation. - For the purposes of this clause, the rent shall be deemed to have been tendered when the sane is remitted through money order to the landlord by properly addressing the same; [or having been deposited with the Rent Authority;] [Inserted by Rajasthan Act No. 33 of 2017, dated 27.9.2017.]or(b)the tenant has wilfully caused or permitted to be caused substantial damage to the premises; or(c)the tenant has without written permission of the landlord made or permitted to be made any construction which has materially altered the premises or is likely to diminish the value thereof; or(d)the tenant has created a nuisance or has done an act which is inconsistent with the purpose for which he was admitted to the tenancy of the premises or which is likely to affect adversely and substantially the landlord's interest therein; or(e)the tenant has assigned, sub-let or otherwise parted with the possession of the whole or pail of the premises without the written permission of the landlord;Explanation. - If it is established that some person other than the tenant is in the exclusive possession of the whole or part of the premises, it shall he presumed that the tenant has either sub-let or parted with the possession of the whole or part of the premises, as the case may be; or(f)the tenant has renounced his character as such or denied the title of the landlord and the latter has not waived his right or condoned the conduct of the tenant; or(g)the premises were let out for residential purposes but have been put to commercial use wholly or partially; or(h)the premises were let out to the tenant for residential purposes by reason of his being in the service or employment of the landlord and the tenant has ceased to be in such service or employment; or(i)the premises are requited reasonably and bona fide by the landlord for the use or occupation of himself or his family or for the use of occupation of any person for whose benefit the premises are held :Provided that where decree of eviction from any premises is sought by the landlord under Clause (i), he shall he prohibited from letting out the same to any other person within a period of three years and in case the premises are let-out, the tenant shall be entitled for restoration of possession on a petition moved by him before the Rent Tribunal and the Rent Tribunal shall dispose of such petition expeditiously and the procedure as laid down in Sec. 16, shall mutatis mutandis apply; or(j)the tenant has built or acquired vacant possession of or has been allotted suitable premises adequate for his requirement; or(k)the premises have not been used without reasonable cause for the purpose for which they were let fir a continuous period of six months immediately proceeding the date of the petition; or(l)the landlord has been required by any authority under any law to abate the over crowding of the premises, or(m)the landlord requires the premises in order to carry out any building work.-(i)at the instance of the State Government or a local authority in pursuance of an improvement scheme or development scheme; or(ii)because the premises hair become unsafe or unfit for human habitation.
