Section 2 in Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2000
2. Definitions.
- In this Act unless there is anything repugnant in the subject or context:-(a)"Appellate authority" means in respect of any local areas the Collector of the district in which such areas are situated and includes any other officer empowered by the State Government to perform the functions of an appellate authority;(b)"Building" means any building, or hut or a part of the building or hut, let or to be let, separately for residential or non-residential purposes and includes-(i)the garden, grounds and out houses, if any, appurtenant to such building or hut or part of such building or hut, and(ii)any furniture supplied by the landlord for use in such building or hut or part of building or hut.(c)"Controller" means in respect of any local areas comprised within the limit of sub-division, the Sub-Divisional Officer Incharge of the Sub-Division, and includes any other officer appointed in this behalf by the State Government to perform the functions of Controller under the Act.(d)"Court" means the court having jurisdiction under the Code of Civil Procedure, 1908 (Act V of 1908), to entertain a suit by landlord against a tenant for recovery of possession of a building in respect of which a suit or application is filed under this Act.(e)"Fair Rent" means the rent of a building determined or redetermined under sections 5, 6 & 7.(f)"Landlord" includes the person who for the time being is receiving or is entitled to receive, the rent of the building, whether on his own account or on behalf of another, or on account or on behalf of for the benefit of himself and others or as an agent, trustee, executor, administrator, receiver, guardian or who would so receive the rent, to be entitled to receive the rent, if the building were let to a tenant;(g)"Prescribed" means prescribed by rules under this Act.(h)"Tenant" means any person by whom, or on whose account rent is payable for a building and includes-(i)a person continuing in possession after the termination of the tenancy in his favour; and(ii)a person who occupies a building as an employee of the landlord of such building either on payment of rent or otherwise;(iii)in the event of death of the person continuing in possession after the termination of his tenancy subject to the order of succession and condition specified, respectively, in Explanations I and II to this clause, such of the aforesaid person's-(a)spouse.(b)son or unmarried daughter or where there are both, both of them.(c)parents.(d)daughter-in-law, being the widow of a pre-deceased son, as had been ordinarily residing in the premises with such person as a member or members of his family up to the date of his death, but does not include any person against whom an order or decree for eviction has been made.Explanation I. - The order of succession in the event of the death of the person continuing in possession after the termination of his tenancy, shall be as follows:-(a)firstly, by his surviving spouse;(b)secondly, his son or unmarried daughter or both if there is no surviving spouse, or if the surviving spouse did not ordinarily reside with the deceased person as a member of his family up to the date of his death;(c)thirdly-his parents, if there is no surviving spouse, son or unmarried daughter of the deceased person or if such surviving spouse, son or unmarried daughter or any of them; did not ordinarily reside in the premises as a member of the family of deceased person up to the date of his death; and(d)fourthly-his daughter-in-law, being the widow of his pre-deceased son, if there is no surviving spouse, son, unmarried daughter or parents of the deceased person, or any of them or if such surviving spouse, son, unmarried daughter or parents or any of them did not ordinarily reside in the premises as a member of the family of deceased person up to the date of his death.Explanation II. - If the person, who acquires by succession, the right to continue in possession after the termination of tenancy, was not financially dependent on the deceased person on the date of his death, such successor shall acquire such right for a limited period of one year and on the expiry of the period or on his death whichever is earlier, the right of such successor to continue in possession after the termination of the tenancy shall become extinguished.Explanation III. - For the removal of the doubts, it is hereby declared-(a)where due to Explanation II, the right of any successor to continue in possession after the termination of the tenancy, is extinguished, such extinguishment shall not affect the right of any other successor of the same category, the right to continue in possession after the termination of the tenancy shall not, on such extinguishment, pass on to any other successor specified in any lower category or categories, as the case may be.(b)the right of every successor referred in Explanation I, to continue in possession after the termination of tenancy shall be personal to him/her and shall not on the death of such successor devolve on any of his heirs.
