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[Cites 0, Cited by 182] [Section 10] [Entire Act]

State of Tamilnadu - Subsection

Section 10(3) in The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

(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] [Substituted for 'his son' by Tamil Nadu Act 23 of 1973.] and if he or [any member of his family] [Substituted for the words 'his son' by Tamil Nadu Act 23 of 1973.] is not occupying a residential building of his own in the city, town or village concerned;
(ii)in case it is a non-residential building which is used for the purpose of keeping a vehicle or adopted for such use, if the landlord requires it for his own use or for the use of [any member of his family] [Substituted for 'his son' by Tamil Nadu Act 23 of 1973.] and if he or [any member of his family] [Substituted for 'his son' by Tamil Nadu Act 23 of 1973.] is not occupying any such building in the city, town or village concerned which is his own;
(iii)in case it is any other non-residential building, if the landlord or [any member of his family] [Substituted for the words 'his son' by Tamil Nadu Act 23 of 1973.] is not occupying for purposes of a business which he or [any member of his family] [Substituted for the words 'his son' by Tamil Nadu Act 23 of 1973.] is carrying on, a non-residential building in the city, town or village concerned which is his own:
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 registered:Provided further that where a landlord has obtained possession of a building under this clause, he shall not be 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 to 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 of 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 sub-section 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.