Section 10 in The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
10. Eviction of tenants.
(1)A tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with the provisions of this section or sections 14 to 16:Provided that nothing contained in the said sections shall apply to a tenant whose landlord is the Government:Provided further that where the tenant denies the title of the landlord or claims right of permanent tenancy, the Controller shall decide whether the denial or claim is bona fide and if he records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and the Court may pass a decree for eviction on any of the grounds mentioned in the said sections, notwithstanding that the Court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded.(2)A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied-(i)that the tenant has not paid or tendered the rent due by him in respect of the building, within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement, by the last day of the month next following that for which the rent is payable, or(ii)that the tenant has, after the 23rd October 1945 without the written consent of the landlord,-(a)transferred his right under the lease or sub-let the entire building or any portion thereof, if the lease does not confer on him any right to do so, or(b)used the building for a purpose other than that for which it was leased, or(iii)that the tenant has committed or caused to be committed such acts of waste as are likely to impair materially the value or utility of the building, or(iv)that the tenant has been convicted under any law for the time being in force of an offence of using the building or allowing the building to be used for immoral or illegal purposes, or(v)that the tenant has been guilty of such acts and conduct which are a nuisance to the occupiers of other portions in the same building or of buildings in the neighbourhood, or(vi)that where the building is situated in a place other than a hill-station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause, or(vii)that the tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or claim was not bona fide, the Controller shall make an order directing the tenant to put the landlord in possession of the building and if the Controller is not so satisfied, he shall make an order rejecting the application:Provided that in any case falling under clause (i) if the Controller is satisfied that the tenant's default to pay or tender rent was not willful, he may, notwithstanding anything contained in section 11, give the tenant a reasonable time, not exceeding fifteen days, to pay or tender the rent due by him to the landlord up to the date of such payment or tender and on such payment or tender, the application shall be rejected.[Explanation. [Explanation was added by Tamil Nadu Act 23 of 1973.] - For the purpose of this sub-section, default to pay or tender rent shall be construed as willful, if the default by the tenant in the payment or tender of rent continuous after the issue of two months' notice by the landlord claiming the rent.](3)(a)A landlord may, subject to the provisions of clause (d), apply to the Controller for an order directing the tenant to put the landlord in possession of the building-(i)in case it is a residential building, if the landlord requires it for his own occupation or for the occupation of [any member of his family] [Substituted for 'his son' by Tamil Nadu Act 23 of 1973.] and if he or [any member of his family] [Substituted for the words 'his son' by Tamil Nadu Act 23 of 1973.] is not occupying a residential building of his own in the city, town or village concerned;(ii)in case it is a non-residential building which is used for the purpose of keeping a vehicle or adopted for such use, if the landlord requires it for his own use or for the use of [any member of his family] [Substituted for 'his son' by Tamil Nadu Act 23 of 1973.] and if he or [any member of his family] [Substituted for 'his son' by Tamil Nadu Act 23 of 1973.] is not occupying any such building in the city, town or village concerned which is his own;(iii)in case it is any other non-residential building, if the landlord or [any member of his family] [Substituted for the words 'his son' by Tamil Nadu Act 23 of 1973.] is not occupying for purposes of a business which he or [any member of his family] [Substituted for the words 'his son' by Tamil Nadu Act 23 of 1973.] is carrying on, a non-residential building in the city, town or village concerned which is his own:Provided that a person who becomes a landlord after the commencement of the tenancy by an instrument inter vivos shall not be entitled to apply under this clause before the expiry of three months from the date on which the instrument was registered:Provided further that where a landlord has obtained possession of a building under this clause, he shall not be entitled to apply again under this clause-(i)in case he has obtained possession of a residential building, for possession of another residential building of his own;(ii)in case he has obtained possession of a non-residential building, for possession of another non-residential building of his own.(b)Where the landlord of a building, whether residential or non-residential, is a religious, charitable, educational, or other public institution, it may, if the building is required for the purposes of the institution, apply to the Controller, subject to the provisions of clause (d), for an order directing the tenant to put the institution in possession of the building.(c)A landlord who is occupying only a part of a building, whether residential or non-residential, may, notwithstanding anything contained in clause (a), apply to the Controller for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession thereof, if he requires additional accommodation for residential purposes or for purposes of a business which he is carrying on, as the case may be.(d)Where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this sub-section before the expiry of such period.(e)The Controller shall, if he is satisfied that the claim of the landlord is bona fide, make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by the Controller and if the Controller is not so satisfied, he shall make an order rejecting the application:Provided that in the case of an application under clause (c), the Controller shall reject the application if he is satisfied that the hardship which may be caused to the tenant by granting it will outweigh the advantage to the landlord:Provided further that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in the aggregate.(3A)[ (a) Where the landlord has been or is a member of the Armed Forces and-(i)is released or has retired from service and the building is bona fidely required for his residence; or](ii)is stationed at a place where on account of military exigencies, he cannot live with his family or dies on active duty and the building is bona fidely required for the residence of his family, the Controller shall, on application made by the landlord or the member of his family, as the case may be, if he is satisfied that the claim of the landlord or the member of his family is bona fide pass an order directing the tenant to put the landlord or the member of his family in possession of the building and if the Controller is not so satisfied, he shall make an order rejecting the application.(b)Notwithstanding anything contained in clause (a), where the landlord or the member of his family produces a certificate from the prescribed authority under the Indian Soldiers (Litigation) Act, 1925 (Central Act IV of 1925), that the landlord is serving under special conditions within the meaning of section 3 of that Act, the application referred to in clause (a) shall be disposed of, as far as may be, within a period of one month and if the claim of the landlord or the member of his family is accepted, the Controller shall pass an order directing the tenant to put the landlord or the member of his family in possession of the building on such date as may be specified in the order which shall not be later than one month from the date of such order.Explanation. - For the purpose of this sub-section, "member of the Armed Forces" means a person in the service of the Air Force, Army or Navy of the Union of India and includes a seaman and "seaman" means every person including a master, pilot or apprentice employed or engaged as a member of the crew of a ship or a sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 195 8), applies:Provided that if a question arises whether any person is a member of the Armed Forces, such question shall be decided by the Controller and his decision shall be final.(4)No order for eviction shall be passed under sub-section (3)-(i)against any tenant who is engaged in employment or class of employment notified by the Government as an essential service for the purpose of this sub-section, unless the landlord is himself engaged in any employment or class of employment which has been so notified, or(ii)in respect of any building which has been let for use as an educational institution and is actually being used as such, provided that the institution has been recognised by the Government or any authority empowered by them in this behalf so long as such recognition continues.(5)(a)Where a landlord who has obtained possession of a building in pursuance of an order under sub-section (3) [or sub-section (3-A)] [Inserted by Tamil Nadu Act 23 of 1973.] does not himself occupy it within one month of the date of obtaining possession or having so occupied it, vacates it without reasonable cause within six months of such date, the tenant who has been evicted may apply to the Controller for an order directing that he shall be restored to possession of the building and the Controller shall make an order accordingly, notwithstanding anything contained in section 3.(b)Where a tenant who is entitled to apply for possession under clause (a) fails to do so within one month from the date on which the right to make the application accrued to him, the Government or the authorized officer shall have power, if the building is required for any of the purposes, or for occupation by any of the officers specified in sub-section (3) of section 3 to give intimation to the landlord that the building is so required, and thereupon, the provisions of sub-sections (5) and (9) of section 3 shall apply to the building:Provided that this clause shall not apply to a residential building the monthly rent of which does not exceed twenty-five rupees or to a non-residential building the monthly rent of which does not exceed fifty rupees.(6)Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Controller may direct that compensation not exceeding fifty rupees be paid by such landlord to the tenant.(7)Where an application under sub-section, (2) or sub-section (3) or sub-section (3-A) for evicting a tenant has been rejected by the Controller, the tenancy shall, subject to the provisions of this Act, be deemed to continue on the same terms and conditions as before and shall not be terminable by the landlord except on any of the grounds mentioned in sub-section (2) or sub-section (3) or sub-section (3-A):Provided that nothing in this sub-section shall be deemed to prevent a landlord who has made an application for evicting a tenant on any of the grounds mentioned in sub-section (2) or [sub-section (3) or sub-section (3-A)] [Substituted for the word, brackets and figure 'sub-section (3)' by section 10(5) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973, (Tamil Nadu Act 23 of 1973).] from applying again, when the previous application is pending to the Controller for evicting the tenant on any of the other grounds mentioned in sub-section (2) or sub-section (3) or sub-section (3-A).(8)Notwithstanding anything contained in this section no person who is receiving or is entitled to receive the rent of a building merely as an agent of the landlord shall, except with the previous written consent of the landlord, be entitled to apply for the eviction of a tenant.
