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[Cites 0, Cited by 281] [Section 10] [Entire Act]

State of Tamilnadu - Subsection

Section 10(2) in The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

(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.]