Section 12 in Tripura Buildings (Lease and Rent Control) Act, 1975
12. Eviction of tenants.
(1)Notwithstanding anything to the contrary contained in any other law or contract, tenant shall not be evicted in accordance with the provisions of this Act :Provided that nothing contained in this section shall apply to a tenant whose landlord is the State Government or the Central Government or any other public authority notified under this Act :Provided further that where the tenant denies the title of the landlord or claims right of permanent tenancy, the Rent Control Court shall decide whether the denial or claim is bonafied and if it records a finding to that effect, the landlord shall be entitled to such for eviction of the tenant in a civil court and such court may pass a decree for eviction on any of the grounds mentioned in this section, notwithstanding that such court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded.(2)(a)A landlord who seeks to evict his tenant shall apply to the Rent Control Court for a direction in that behalf.(b)If the Rent Control Court, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied 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 and such default has continued for three months within a period of twelve months, it shall make an order directing the tenant to put the landlord in possession of the building, and if it is not satisfied it shall make an order rejecting the application thereof by him :Provided that an application under this sub-section shall be made only if the landlord has sent a registered notice to the tenant intimating the default and the tenant has failed to pay or tender the rent together with interest at six per cent per annum and postal charges incurred in sending the notice within fifteen days of the receipt of the notice or of the refusal thereof.(c)The order of the Rent Control Court directing the tenant to put the landlord in possession of the building shall not be executed before the expiry of one month from the date of such order or such further period as the Rent Control Court may in its discretion allow ; and if the tenant deposits the arrears of rent with interest and cost of proceedings within the said period of one month or such further period, as may be, it shall vacate that order.(3)A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building if he bonafide needs the buildings for his own occupation or for the occupation by any member of his family dependent on him :Provided that the Rent Control Court shall not give any such direction if the landlord has another building of his own in his possession in the same town or village except where the Rent Control Court is satisfied that for special reasons, in any particular case it will be just and proper to do so :Provided further that the Rent Control Court shall not give any direction to tenant to put the landlord in possession, if such tenant is depending for his livelihood mainly on the income derived from any trade or business carried on in such building and there is no other suitable building available in the locality for such person to carry on such trade or business :Provided also that no landlord whose right to recover possession arises under an instrument of transfer inter vivos shall be entitled to apply to be put in possession until the expiry of one year from the date of instrument :Provided always that if a landlord after obtaining an order to be put in possession transfers his rights in respect of the building to another person, the transferee shall not be entitled to be put in possession unless he proves that he bonafied needs the building for his own occupation or for the occupation by any member of his family dependent on him.(4)A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building -(i)if the tenant after the commencement of this Act, without the consent in writing of the landlord, transfers his right under the lease or sub-lets the entire building or any portion thereof if the lease does not confer on him any right to do so ;Explanation. - Where on the partition of a joint family or of the rights of co-tenants, or on the dissolution of a firm, the right of the joint family or the co-tenants or the firm under a lease is vested in a member of the joint family, or a co-tenant or a partner, as the case may be, whether by act of parties or other wise, no transfer by the tenant of his right under the lease shall be deemed to have taken place within the meaning of this clause ; or(ii)If the tenant uses the building in such a manner as to destroy or reduce its value or utility materially and permanently ; or(iii)if the tenant already has in his possession building or sub sequently acquired possession of or constructs building reasonably sufficient for his requirements in the same town or village ; or(iv)if the building is in such a condition that it needs reconstruction and if the landlord requires bonafide to reconstruct the same and if he satisfies the Rent Control Court that he has plan and licence, if any required and the ability to re-build and if the proposal is not made as a pretext for eviction :Provided that the landlord who evicts a tenant and does not reconstruct completely the building within a time which may be fixed or extended by the Rent Control Court, shall on a petition before that Court be liable to a fine of rupees five hundred, if it is proved that he has wilfully neglected to reconstruct completely the building within such time :Provided further that the Rent Control Court shall have power at any time to issue directions regarding the reconstruction of the building and on failure of compliance by the landlord, to give effect to the order in any manner the Rent Control Court deems fit and in appropriate cases to put the tenant back in possession or award to the evicted tenant damages equal to the excess rent he has to pay for another building that he is occupying in consequence of such eviction :Provided also that the tenant who was evicted shall have the first option to have the reconstructed building allotted to him with liability to pay its fair rent ; or(v)If the tenant ceases to occupy the building continuously for six months without reasonable cause.(5)A landlord who wants to renovate the building may apply to the Rent Control Court for an order directing the tenant to permit the landlord to enter and carry out the renovation within a time to be fixed by the Rent Control Court and the Rent Control Court may issue such orders, as it deems fit, and the tenant shall be bound to abide by the orders of the Rent Control Court.(6)A tenant whose building has been renovated under subsection (5) shall be liable to pay enhanced rent so as to assure the landlord a rent equal to the rent for a similar building with similar amenities in the locality.(7)Where the landlord of a building is a religous, charitable, educational or other public institutions, it may, if the building is needed for the use of the institution, apply to the Rent Control Court, for an order directing the tenant to put the institution in possession of the building.(8)A land lord who is occupying only a part of a building, may apply to the Rent Control Court 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 his personal use.(9)Where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply to the Rent Control Court before the expiry of such period.(10)The Rent Control Court shall, if it is satisfied that the claim of the landlord under sub-sections (3), (4), (7) or sub-section (8) is bonafied, make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by the Rent Control Court, and if the Rent Control Court is not so satisfied, it shall make an order rejecting the application :Provided that in the case of an application made under sub-section (8) the Rent Control Court shall reject the application if it 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 Rent Control Court 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.(11)Notwithstanding anything contained in sub-sections (1) to (10) no order for eviction or for putting the landlord in possession shall be passed-(i)against any tenant who is engaged in any 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, and the landlord requires the building for his own occupation ; or(ii)in respect of any building which has been let for use as an educational institution, and is actually being used as such, the institution being recognised by the State Government or any authority empowered by the State Government in this behalf, so long as such recognition continues.(11A)[ Notwithstanding anything contained in this Act-(a)a landlord, who is a member of armed force of the Union or who was such member and is duly retired which term shall include premature retirement, shall be entitled to recover possession of any premises on the ground the premises are bonafied/required by him for occupation by himself or any member of his family (which term shall include parent or other relation ordinarily residing with him and dependent on him), and Rent Control Court shall pass a decree for eviction on such ground if the landlord at the hearing of the suit produces a certificate signed by the Head of his services or his Commanding Officer to the effect that-(i)he is presently a member of the armed forces of the Union or he was such member and is now a duly retired ex-serviceman ;(ii)he does not possess any other suitable residence in the local area where he or the members of his family can reside ;(b)where a member of the Armed Force of the Union dies while in service or such member is duly retired as stated above and dies within five years of his retirement, his widow who is or become landlords of any premises [shall be entitled to recover possession of such premises] on the ground that the premises are bonafied/required by for occupation by herself or any member of her family (which term shall include [her] [Inserted by The Tripura Buildings (Lease and Rent Control) Second Amendment Act, 1983, w. e. f. 28.6.1983.] or her Husband's parents or other relation ordinari residing with her) and Rent Control Court shall pass decree for eviction on such ground if such widow at the hearing of the suit produces a certificate signed by the Area or Sub-Commander within whose jurisdiction the premises are situated to the effect that --(i)She is widow of deceased member of the armed forces as aforesaid.(ii)She does not possess any other suitable residence in the local area where she or the member of her family can reside.Explanation. - (1) For the purpose of clause (a) of this section the words "the Head of this Service" in the case of officers retired from the INDIAN ARMY includes the area Commander, in the case of Officers retired from INDIAN NAVY includes the Flag Officer Commanding-in-Charge, and in the case of Officers retired from the INDIAN AIR FORCES include the Station Commander.(2)For the purpose of this section any certificate granted thereunder shall be conclusive evidence of the facts stated therein.](12)Where a landlord who has obtained possession of a building in pursuance of an order under sub-section (3), does not occupy it without reasonable cause 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 Rent Control Court for an order directing that he shall be restored to possession of the building, and the Rent Control Court shall make an order accordingly notwithstanding anything contained in section 4.(13)Where a tenant who is entitled to apply for possession under sub-section (12) fails to do so without reasonable cause within one month from the date on which the right to make the application accrued to him, the officer referred to in sub-section (1) of section 4, shall have power, if the building is required for any of the purposes or for occupation by any of the officers or persons specified in sub-section (3) of that section to give intimation to the landlord that the building is so required, and thereupon the provisions of sub-sections (5) and (8) of section 4 shall apply to the building :Provided that the sub-section shall not apply to a building the monthly rent of which does not exceed fifteen rupees.(14)Where the Rent Control Court is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Rent Control Court may direct that compensation not exceeding fifty rupees be paid by such landlord to the tenant.(15)Where an application made under sub-sections (2), (3), (4), (5), (7), or sub-section (8) for evicting a tenant has been rejected by the Rent Control Court, 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 one or more of the grounds mentioned in the above said sub-sections.(16)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.
