10. Right of landlord to recover immediate possession in certain cases.
(1)Notwithstanding anything to the contrary contained in this Act or an other law for the time being in force or in any contract or usage. -(i)A landlord shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled to recover immediate possession of a residential premises, if he,-(a)is or was a member of any armed forces or paramilitary forces of the Union and aforesaid petition is filed within one year prior to or subsequent to the date of retirement, release or discharge, as the case may be, or within a period of one car from the date of commencement of this Act, whichever is later;(b)is or was an employee of the Central Government or the State Government or local bodies or State owned Corporal ions and files the aforesaid petition within a period of one year prior to or subsequent to the date of his retirement or within a period of one year front the date of the commencement of this Act, whichever is later :(c)has become a senior citizen and files the aforesaid petition after the expiry of three years from the date of letting out of premises.(ii)a dependent legal representative of a landlord, who was a member of any armed forces or paramilitary forces of the Union and has died during the course of his employment, shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled to recover immediate possession of the residential premises, if the petition is filed by him within a period of one year after the death of such member or within a period of one year from the date of commencement of this Act, whichever is later;(iii)after the death of a landlord, his widow shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled to recover immediate possession of the residential premises, if the petition is filed by her within a period of one year form he date of death of her husband.(2)Where the landlord has let out more than one premises, the petition under Sub-sec. (1) shall be maintainable in respect of one rented premises only to be chosen by the landlord and petition under Sub-sec. (1) shall be maintainable only if the petitioner is not residing in his own premises in the same Municipal area.(3)Where a landlord, after letting out his premises on the ground floor, has incurred such permanent disability due to which he is unable to use staircase and requires the ground floor premises for his own residence, he shall, on a petition being tiled in this behalf in the Rent Tribunal, be entitled to recover immediate possession of such ground floor premises on his furnishing a certificate from duly constituted Medical Board of a Government Hospital about such a permanent disability and on satisfying the rent Tribunal that he has no suitable residential premises of his own on ground floor in his possession in the same Municipal area :Provided that it tenant is prepared to vacate pound floor premises in exchange of premises in occupation of landlord on the upper floor, the Rent Tribunal shall pass order of immediate possession in favour of landlord only on the condition that the landlord shall make available proportionately equal portion of the premises in his occupation on the upper floor to the tenant on such terms and conditions as may he fixed by the Rent Tribunal.(4)Where the landlord has recovered possession of the premises under this section, he shall be prohibited from letting out the sane to any other person within a period of three years and in case the premises are let out, the tenant shall be entitled for restoration of possession on an application moved by him before the Rent Tribunal and the Rent Tribunal shall dispose of such application expeditiously and the procedure as laid down in Sec. 16 shall mutatis mutandis apply.Explanation. - For the purpose of this section, the expression "landlord" shall mean the owner of the residential premises.Chapter - IV Restoration of Possession of Illegally Evicted Tenant and Procedure thereof
