Section 5AA in The Assam Urban Areas Rent Control Act, 1972
5AA. [ Special provision for recovery of possession of any house to a retired Govet. Servant or a member of the family of a deceased Govt. Servant. [Inserted Section 5AA, by the Assam Act No. XV of 1987 (with effect from 14.8.1987).]
- Notwithstanding anything contained in this Act-(a)a landlord, being a person, who was appointed to Public Service or post in connection with the affairs of the State and is duly retired (which term shall include premature retirement) shall be entitled to recover possession of any house belonging to him on the ground that the house is bonafide required by him for use and occupation by himself or any member of his family, and the Court shall pass a decree for eviction on such ground if the landlord at the hearing of the suit, produces a certificate signed by the Appointing Authority to the effect that-(i)the landlord is a person who was appointed to a Public Service or post in connection with the affairs of the State and is now a retired Government Servant;(ii)he does not possess any other suitable house in the local area where he or any of the members of his family can reside.(b)where a person is appointed to the public service or post in connection with the affairs of the State dies while in service or dies after his retirement, his widow who is or becomes a landlord of any house, shall be entitled to recover possession of such house on the ground that the house is bonafide required by her for use and occupation by herself or any member of her family and the Court shall pass a decree for eviction on such ground, if such widow, at the hearing of the suit produces a certificate signed by the Appointing Authority of the deceased Government servant to the effect that-(i)she is the widow of the deceased Government servant as aforesaid;(ii)she does not possess any other suitable house in the local area where she or any of the member of her family may reside;(c)for the purpose of this section, any certificate granted thereunder shall be conclusive evidence of the facts stated therein".]
