Section 10 in Puducherry Buildings (Lease and Rent Control) Act, 1969
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 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 in 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 commencement of this Act without the written consent of the landlord -(a)transferred his right under the lease or sub-let the entire building or any portion thereof, it 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 of utility of the buildings, 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 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 wilful, he may, notwithstanding anything contained in section 11, given 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. [Amended vide Act No. 8 of 1980 w.e.f 30.07.1980 vide EG No. 95 dt. 30.07.1980.] - For the purpose of this sub-section, default to pay or tender rent shall be construed as wilful, if the default by the tenant in the payment or tender of rent continues 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] [Amended by Act No. of 1980 which came into force w.e.f 30.07.1980.] is not occupying a residential building of his own in the Commune concerned;(ii)in case it is a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, if the landlord requires it for his own use or for the use of *[any member of his family] and if he or [any member of his family] [Amended by Act No. of 1980 which came into force w.e.f 30.07.1980.] is not occupying any such building of his own in the Commune concerned;(iii)in case it is any other non-residential building, if the landlord or [any member of his family] [Amended by Act No. of 1980 which came into force w.e.f 30.07.1980.] is not occupying for purposes of a business which he or [any member of his family] [Amended by Act No. of 1980 which came into force w.e.f 30.07.1980.] his carrying on a non-residential building of his own in the Commune concerned: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 duly executed:Provided further that where a landlord has obtained possession of a building under this clause, he shall not 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 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 or 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 subsection 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.[(3-A)(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 bone fide 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 fide 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 1958), applies:Provided that if a question arises whether any person is a member of the Armed Forces, such questions shall be decided by the Controller and his decision shall be final.(3-B) [(a) Where a landlord who, -(i)being a person in occupation of any residential premises allotted to him by the Central Government, State Government or any local authority, is required by or in pursuance of any general or special order made by that Government or authority, to vacate such residential accommodation or in default, to incur certain obligations on the ground that he owns in the Union territory of Puducherry a residential accommodation either in his own name or in the name of a member of his family, or(ii)being a person in the service of such Government or authority, at any time, within one year prior to or within one year after the date of his retirement or after his retirement but within one year of the date of commencement of the Puducherry Buildings (Lease and Rent Control) Amendment Act, 1987, whichever is later, applies to the Controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement and an affidavit to the effect that he does not own and possess any other suitable residential accommodation in the local area in which he intends to reside, in the Union territory of Puducherry, either in his own name or in the name of a member of his family, to recover possession of his residential building for his own occupation,]- there shall accrue, on and from the date of such order, [or, as the case may be, such application] [Amended vide Act No.10 of 1987 w.e.f 7.12.87.] to such landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether expressed or implied), custom or usage to the contrary, a right to recover immediately possession of any premises let out by him:Provided that nothing in this section shall be construed as conferring a right on a landlord owning, in the Union territory of Puducherry two or more dwelling houses, whether in his own name or in the name of a member of his family, to recover the possession of more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover.(b)Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract, custom or usage to the contrary, where the landlord exercises the right of recovery conferred on him by clause (a), no compensation shall be payable by him to the tenant or any person claiming through or under him and no claim for such compensation shall be entertained by any court, tribunal or other authority:Provided that where the landlord had received any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease:Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of six per cent per annum] [Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.];(4)No order for eviction shall be passed under sub-section (3) -(i)against any tenant who is engaged in any employment or class of employment notified by the Government as an essential service for the purposes 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) or sub-section (3-B)] [Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.] 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 4.(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 authorised 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 4 to give intimation to the landlord that the building is so required and thereupon the provisions of sub-sections (5) and (9) of section 4 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) or sub-section (3-B)] [Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.] 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) or sub-section (3-B)] [Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.]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) or sub-section (3-B)] [Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.] from applying again, when the previous application is pending, to the Controller for evicting the tenant on any of the other grounds mentioned in subsection (2) or [sub-section (3)or sub-section (3-A) or sub-section (3-B)] [Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.].(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 the tenant.
