Section 23 in Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011
23. Special provision for active/ex-servicemen of Defence Forces.
(1)Where the landlord has been in active military service or is ex-serviceman or has been discharged or retired from service or is to retire or has died while in such active service and any member of his family is in actual necessity of house, then on an application being filed by the landlord or any member of his family, the Controller after issuing notice of fifteen days and on being satisfied after hearing the claim of the landlord is genuine, by order, shall direct the tenant to give possession of the house to the landlord or his family member and if the Controller is not satisfied with the claim of such landlord, he shall pass order rejecting the application.Provided that if the landlord or his widow has more than one residential house, the such landlord or his widow shall have no right to take back possession of more than one house.(2)(a)The Controller on the receipt of application shall issue summon to the tenant within seven days of filing the application.(b)In addition to this, the Controller shall direct to send summon to the tenant or his agent by registered post with acknowledgement due and also to stick the second copy of the summon on any conspicuous visible portion of the house.(c)If the summon with the registered post is returned with the endorsement of the postman that the tenant or his agent refused to take the summon, the Controller after enquiry as he may think fit and being satisfied with the endorsement, may declare that the summon has been legally served on the tenant.(d)The tenant against whom service of summon has been declared valid, will have no right to oppose the petition of eviction till an affidavit within fifteen days of service of summon is filed mentioning the reason on the basis of which he opposes the petition of eviction and obtains the permission of the Controller on it. In case of failure of his appearance and obtaining Controller's permission, the statement of the landlord or his widow, father, mother, son, grandson, or widow daughter in-law, as the case may be, shall be deemed to be accepted by the tenant and the petitioner shall be entitled for the order of eviction of the tenant.(e)The Controller within fifteen days of filing of such affidavit shall give permission to the tenant to oppose the application, if the tenant has disclosed such facts which can debar the landlord, his widow, father, mother, son, grandson, widow daughter-in-law in getting back the possession of that residential house.(f)Where permission to oppose the application has been granted to the tenant the Controller shall not fix the date more than one month from the date of permission given to the tenant to oppose the application and hearing of the application shall continue on day-to-day basis till the disposal of the case and as far as possible, the decision shall be given within two months from the commencement of the hearing.(g)The Controller shall give appropriate time to the tenant to give back the possession of the residential house to the landlord, his widow, father, mother, son, grandson or widow daughter-in-law, as the case may be, but will not extend that time altogether more than two months.(h)Where such proceeding of enquiry in which this section is applicable, including the recording of statements of witnesses, the Controller will follow the procedure of a Court of Small Causes.(3)No appeal shall lie against the order of the Controller to give possession of any building except as per the procedure laid down in the section.Provided that a revision petition may be filed in the High, Court within sixty days from the date of the order of eviction.(4)No Court other than the High Court shall stay the operation of eviction during the pendency of the revision petition filed under sub-section (3) of this section.(5)Where the tenant has been evicted from the residential house and the landlord or his widow, father, mother, son, grand son or widow daughter-in- law, as the case may be, does not occupy within three months continuously from the date of eviction or let out the building or a portion thereof to a person other than the evicted tenant within three years of eviction of the tenant, then the evicted tenant may file an application to the Controller for restoration of possession of that building to him on the same terms and conditions which were applicable at the time of eviction and the Controller shall pass order accordingly and also order to pay cost.
