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Bombay Presidency - Section

Section 17B in The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

17B.

Tenant's right to give notice to landlord of his intention to occupy tenement in new building.- Where a decree for eviction has been passed by the Court on the ground specified in clause (hh) of sub-section (1) of section 13 and the work of demolishing the premises and of the erection of a new building has been commenced by the landlord, the tenant may, within six months from the date on which he delivered vacant possession of the premises to the landlord, give notice to the landlord of his intention to occupy a tenement in the new building on its completion on the following conditions, namely:
(a)that he shall pay to the landlord the standard rent in respect of the tenement:
Provided that, in respect of residential tenement, the tenant concerned shall not be required to pay rent in relation to the area at more than double the rate at which he paid rent for his former premises, immediately before his eviction under the decree unless the landlord obtain an order of the Court fixing the standard rent in respect of the tenement at a higher rate];
(b)that his occupation of the tenement shall, save as provided in condition (a) above, be on the same terms and conditions as the terms and conditions on which he occupied the premises immediately before the eviction.