Section 9(7) in The U.P. Apartment (Promotion Of Construction, Ownership And Maintenance) Act, 2010
(7)If the defaulting apartment owner omits or fails to refrain from committing any breach of the terms and conditions of the sub-lease in respect of the land or, as the case may be, omits or fails to pay the composition fees in lieu thereof -(i)in accordance with the notice issued by the lessee under subsection (3); or(ii)where the finding of the lessee or the person authorised to inspect the land about any breach of the terms and conditions of any sub-lease in respect of the land or the amount of composition fees specified in the notice issued by the lessee are altered by the District Court on appeal or by any higher court on further appeal, in accordance with the decision of the District Court or such higher Court, as the case may be;the lessee shall be entitled, -(a)where no appeal has been preferred under sub-section (4), within sixty days from the date of service of the notice under sub-section (3), or(b)where an appeal has been preferred under sub-section (4), within sixty days from tire date on which the appeal is finally disposed of by the District Court or, where any further appeal is preferred to a higher court, by such higher Court, to exercise the right of re-entry in respect of the undivided interest of the lessee in the land appurtenant to the apartment owned by the defaulting apartment owner, and where such right of re-entry cannot be exercised except by the ejectment of the defaulting apartment owner from his apartment, such right of re-entry shall include a right to eject the defaulting apartment owner from the concerned apartment:Provided that no such ejectment shall be made unless the defaulting apartment owner has been paid by the lessee such amount as compensation for such ejectment as may be determined in accordance with the prescribed scales of compensation.
