Section 39 in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947
39. When manager of a hotel or owner of lodging house may recover possession.
- Notwithstanding anything contained in this Act, a manager of a hotel or owner of a lodging house shall be entitled to recover possession of the accommodation provided by him on obtaining a certificate from the Controller certifying that-(a)[ the lodger has been guilty of conduct which is a nuisance or an annoyance to any adjoining or neighbouring lodger;] [The word 'or' was deleted, ibid, Section 8.](b)the accommodation is reasonably and bona fide required by the owner of the hotel or lodging house, as the case may be, either for his own occupation or for the occupation of any person for whose benefit the accommodation is held, or for any other cause which may be deemed satisfactory by the Controller; [***] [The word 'or' was deleted by Bombay 58 of 1949, Section 6 (1).](bb)[ the lodger is habitually irregular in making payment of the charges for board, lodging or other service provided in the hotel or lodging house;] [This clause was inserted by Bombay 61 of 1953, Section 18.](c)[ the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof: [This clause was added by Bombay 3 of 1949, Section 8.]Provided that before issuing a certificate under this clause the Controller shall take into consideration the vacancies, if any, in the accommodation for daily and monthly lodgers the percentage of which has been fixed or revised under Section 33 or Section 34 and the circumstances under which the lodger did not vacate on the termination of the period of the agreement;] [or] [The word 'or' was added by Bombay 58 of 1949, Section 6 (2).](d)[ the lodger has done any act which is inconsistent with the purpose for which the accommodation is provided to him or which is likely to affect adversely and substantially the owner's interest therein.] [Clause (d) was added, ibid, Section 6 (3).]
