28. Right to recover immediate possession of premises to accrue to certain persons.
(1)Where a landlord who being a person in occupation of any premises allotted to him by the 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 premises or in default, to incur certain obligations, on the ground that he owns, in the local area, where he normally resides or carrying on business, an accommodation either in his own name or in the name of his wife or dependent child, there shall accrue, on and from the date of such order, 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 express or implied), custom or usage to the contrary, a right to recover immediate 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 local area where he normally resides two or more premises, whether in his own name or in the name of his wife or dependent child, to recover the possession of more than one premises and it shall be lawful for such landlord to indicate the premises, possession of which he intends to recover.Explanation. - For the purpose of this section and sections 29, 30 and 31 'immediate possession' shall mean possession recoverable on the expiry of sixty days from the date of order of eviction.(2)Where the landlord exercises the right of recovery conferred on him by sub-section (1), or sections 27, 29, 30 or 31 and he had received,-(a)any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of possession of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the lease ;(b)any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract or agreement, lease bears to the total period of contract or agreement or lease:Provided 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 twelve per cent, per annum on the amount which he has omitted or failed to refund.
