Section 10(3) in Puducherry Buildings (Lease and Rent Control) Act, 1969
(3)(a)A landlord may, subject to the provisions of clause (d), apply to the Controller for an order directing the tenant to put the landlord in possession of the building -(i)in case it is a residential building, if the landlord requires it for his own occupation or for the occupation of [any member of his family] [Amended by Act No. of 1980 which came into force w.e.f 30.07.1980.] is not occupying a residential building of his own in the Commune concerned;(ii)in case it is a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, if the landlord requires it for his own use or for the use of *[any member of his family] and if he or [any member of his family] [Amended by Act No. of 1980 which came into force w.e.f 30.07.1980.] is not occupying any such building of his own in the Commune concerned;(iii)in case it is any other non-residential building, if the landlord or [any member of his family] [Amended by Act No. of 1980 which came into force w.e.f 30.07.1980.] is not occupying for purposes of a business which he or [any member of his family] [Amended by Act No. of 1980 which came into force w.e.f 30.07.1980.] his carrying on a non-residential building of his own in the Commune concerned:Provided that a person who becomes a landlord after the commencement of the tenancy by an instrument inter vivos shall not be entitled to apply under this clause before the expiry of three months from the date on which the instrument was duly executed:Provided further that where a landlord has obtained possession of a building under this clause, he shall not entitled to apply again under this clause -(i)in case he has obtained possession of a residential building, for possession of another residential building of his own;(ii)in case he has obtained possession of a non-residential building, for possession of another non-residential building of his own.(b)Where the landlord of a building whether residential or non-residential, is a religious, charitable, educational or other public institution, it may, if the building is required for the purposes of the institution, apply the Controller subject to the provisions of clause (d), for an order directing the tenant to put the institution in possession of the building.(c)A landlord who is occupying only a part of a building, whether residential or non-residential may, notwithstanding anything contained in clause (a), apply to the Controller for an order directing any tenant occupying the whole or any portion or the remaining part of the building to put the landlord in possession thereof, if he requires additional accommodation for residential purposes or for purposes of a business which he is carrying on, as the case may be.(d)Where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this subsection before the expiry of such period.(e)The Controller shall, if he is satisfied that the claim of the landlord is bona fide, make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by the Controller and if the Controller is not so satisfied he shall make an order rejecting the application:Provided that, in the case of an application under clause (c), the Controller shall reject the application if he is satisfied that the hardship which may be caused to the tenant by granting it will outweigh the advantage to the landlord:Provided further that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in the aggregate.[(3-A)(a) Where the landlord has been or is a member of the Armed Forces and -(i)is released or has retired from service and the building is bone fide required for his residence; or(ii)is stationed at a place where on account of military exigencies, he cannot live with his family or dies on active duty and the building is bona fide required for the residence of his family, the Controller shall, on application made by the landlord or the member of his family, as the case may be, if he is satisfied that the claim of the landlord or the member of his family is bona fide, pass an order directing the tenant to put the landlord or the member of his family in possession of the building and if the Controller is not so satisfied, he shall make an order rejecting the application.(b)Notwithstanding anything contained in clause (a), where the landlord or the member of his family produces a certificate from the prescribed authority under the Indian Soldiers (Litigation) Act, 1925 (Central Act IV of 1925), that the landlord is serving under special conditions within the meaning of section 3 of that Act, the application referred to in clause (a) shall be disposed of, as far as may be, within a period of one month and if the claim of the landlord or the member of his family is accepted, the Controller shall pass an order directing the tenant to put the landlord or the member of his family in possession of the building on such date as may be specified in the order which shall not be later than one month from the date of such order.Explanation. - For the purpose of this sub-section, "member of the Armed Forces" means a person in the service of the Air Force, Army or Navy of the Union of India and includes a seaman and "seaman" means every person including a master, pilot or apprentice employed or engaged as a member of the crew of a ship or a sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958), applies:Provided that if a question arises whether any person is a member of the Armed Forces, such questions shall be decided by the Controller and his decision shall be final.(3-B) [(a) Where a landlord who, -(i)being a person in occupation of any residential premises allotted to him by the Central Government, State Government or any local authority, is required by or in pursuance of any general or special order made by that Government or authority, to vacate such residential accommodation or in default, to incur certain obligations on the ground that he owns in the Union territory of Puducherry a residential accommodation either in his own name or in the name of a member of his family, or(ii)being a person in the service of such Government or authority, at any time, within one year prior to or within one year after the date of his retirement or after his retirement but within one year of the date of commencement of the Puducherry Buildings (Lease and Rent Control) Amendment Act, 1987, whichever is later, applies to the Controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement and an affidavit to the effect that he does not own and possess any other suitable residential accommodation in the local area in which he intends to reside, in the Union territory of Puducherry, either in his own name or in the name of a member of his family, to recover possession of his residential building for his own occupation,]- there shall accrue, on and from the date of such order, [or, as the case may be, such application] [Amended vide Act No.10 of 1987 w.e.f 7.12.87.] to such landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether expressed or implied), custom or usage to the contrary, a right to recover immediately possession of any premises let out by him:Provided that nothing in this section shall be construed as conferring a right on a landlord owning, in the Union territory of Puducherry two or more dwelling houses, whether in his own name or in the name of a member of his family, to recover the possession of more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover.(b)Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract, custom or usage to the contrary, where the landlord exercises the right of recovery conferred on him by clause (a), no compensation shall be payable by him to the tenant or any person claiming through or under him and no claim for such compensation shall be entertained by any court, tribunal or other authority:Provided that where the landlord had received any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease:Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of six per cent per annum] [Amended by Act No.8 of 1980 which came into force w.e.f 30.07.1980.];
