Section 3(5) in The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
(5)If the building is required for any of the purposes, or for occupation by any of the officers specified in sub-section (3), the landlord shall deliver possession of the building and the fixtures and fittings in or on the buildings, in good tenantable repairs and condition, to the authorized officer, or to the allottee named by the authorized officer, as the case may be, and the Government shall be deemed to be the tenant of the landlord, with retrospective effect from the date on which the authorized officer received notice under sub-section (1) or sub-section (2), the terms of the tenancy being such as may be agreed upon between the landlord and the tenant and if default of an agreement, as may be determined by the Controller:Provided that where the landlord fails to deliver possession of the building to the authorized officer within forty-eight hours of the receipt of the intimation that the building is required for any of the purposes, or for occupation by any of the officers specified in sub-section (3), or within such further time as the authorized officer may by order in writing allow, the Government shall be deemed to be the tenant of the landlord only from the date on which he delivers possession:Provided further that where owing to any omission or act or obstructive or preventive tactics on the part of the landlord there has been delay in coming to a decision whether or not the building is required for any of the purposes, or for occupation by any of the officers specified in sub-section (3), the Government shall be deemed to be the tenant of the landlord only from such later date as may be fixed by the authorized officer having regard to the circumstances of each case:Provided also that the rent payable shall be the fair rent, if any, fixed for the building under the provisions of this Act; and if no fair rent has been so fixed, such reasonable rent as the authorized officer may determine, in such manner as may be prescribed:Provided also that the reasonable rent fixed by the authorized officer under the foregoing provision shall be subject to such fair rent as may be fixed by the Controller.Explanation. - Where before the fixation of fair rent, rent has been paid in excess thereof, the refund or adjustment shall have retrospective effect from the date on which the Government shall be deemed to be the tenant of the landlord, provided the application for fixation of fair rent is made within a period of ninety days from such date; where such application is made after the said period of ninety days, the refund or adjustment shall be limited to the amount paid in excess for the period commencing on the date of application by the tenant or landlord for the fixation of fair rent and ending with the date of such fixation:Provided also that on the delivery of possession of the building, the allottee shall pay rent to the landlord proportionately for any part of the calendar month of his occupation, and in advance on or before the 5th day of each calendar month:Provided also that no structural alterations shall be made in the building, unless the consent of the landlord is obtained therefor.
