Section 13(1) in The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
(1)Notwithstanding anything contained in this Act [but subject to the provisions of sections 15 and 15A,] [These words and figures were inserted by Bom. 3 of 1949, section 3.] a landlord shall be entitled to recover possession of any premises if the Court is satisfied -(a)that the tenant as committed any act contrary to the provision of clause (a) of section 108 of the Transfer of Property Act, 1882; or(b)that the tenant has, without the landlord's consent given in writing, erected on the premises any permanent structureExplanation.- For the purposes of this clause, the expression "permanent structure" does not include the carrying out of any work with the permission, wherever necessary, of the local authority, for providing a wooden partition, standing cooking platform in kitchen, door, lattice work or opening of a window necessary for ventilation, a false ceiling, installation of air-conditioner, an exhaust outlet or a smoke chimney; or(c)that the tenant or any person residing with the tenant has been guilty of conduct which is a nuisance or annoyance to the adjoining or neighbouring occupiers, or has been convicted of using the premises or allowing the premises to be used for immoral or illegal purposes; or that the tenant has in respect of the premises been convicted of an offence of contravention of any provision of clause (a) of sub-section (1) of section 394 or of section 394-A of the Bombay Municipal Corporation Act; or(d)that the tenant has given notice to quit and in consequence of that notice the landlord has contracted to sell or let the premises or has taken any other steps, as a result of which he would, in the opinion of the Court, be seriously prejudiced if he could not obtain possession of the premises; or(e)that the tenant has, since the coming into operation of this Act, unlawfully sub-let] or after the date of commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973, unlawfully given on licence, the whole or part of the premises or assigned or transferred in any other manner his interest therein; or(f)that the premises were let to the tenant for use as a residence by reasons of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the coming into operation of this Act, to be in such service or employment; or(g)that the premises are reasonably and bona fide required by the landlord for occupation by himself or by any person for whose benefit the premises are held [or where the landlord is a trustee of a public charitable trust that the premises are required for occupation for the purposes of the trust; or [These words were inserted by Bom. 61 of 1953, section 9(1)(a).](h)that the premises are reasonably and bona fide required by the landlord for carrying out repairs which cannot be carried out without the premises being vacated: or(hh)that the premises consist of not more than two floors and are reasonably and bona fide required by the landlord for the immediate purpose of demolishing them and such demolition is to be made for the purpose of erecting new building on the premises sougth to be demolished; orExplanation.- For the purposes of this clause, premises shall not be deemed to consist of more than two floors by reason that on the terrace of a building there are one or more of the following structures that is to say, tower-rooms, sitting-out-rooms, ornamental structures, architectural features, landings attics or one or more rooms of whatsoever description (such room or rooms, being in the aggregate of an area of not more than one-sixth of the total area of the terrace.(hhh)that the premises are required for the immediate purposes of demolition ordered by any local authority or other competent authority: or](i)that where the premises are land, such land is reasonably and bona fide required by the landlord for the erection of a new [* * *] [The word 'residential' was deleted by Bom. 61 of 1953, section 9(1)(c).] building, or(ii)[ that where the premises are land in the nature of garden or grounds appurtenant to a building or part of a building, such land is required by the landlord for the erection of a new residential building which a local authority has approved or permitted him to build thereon;] [This clause was inserted, by Bom. 61 of 1953, section 9(1)(d).](j)that the rent charged by the tenant for the premises or any part thereof which are sub-let [before the 1st day of February 1973] [These words, figures and letters were deemed to have been substituted with effect from 1st February 1973 for the words, brackets and figures 'before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959' by Mah. 18 of 1987, section 12(c).] is in excess of the standard rent and permitted increases in respect of such premises or part or that the tenant has received any fine, premium, other like sum or consideration in respect of such premises or part; or(k)that the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the suit; or(l)that the tenant after the coming into operation of this Act has built, acquired vacant possession of or been allotted to suitable residence.
