Section 21 — Repossession of the premises by the Land Lord.

21.Repossession of the premises by the Land Lord, -(1) A tenant shall not
be evicted during the continuance of tenancy agreement except in
accordance with the provisions of sub-section (2).




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      (2) The Rent Court shall, on an application made to it in the manner
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prescribed, make an order for the recovery of possession of the premises on
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one or more of the following grounds, namely:-
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               (a) that the landlord and tenant have failed to agree to the
               rent payable under section 8;
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               (b) that the tenant has not paid the arrears in full of rent
               payable and other charges payable as specified in sub-
               section (1) of Section 13 for two months, including interest
               for delayed payment as may be specified for in the tenancy
               agreement or prescribed, as the case may be, within one
               week of notice of demand served by email, registered post or
               in person or in any other manner as may be prescribed for
               the arrears of such rent and other charges payable.
                    Provided that no order for eviction of the tenant on
               account of default of payment of rent shall be passed, if the
               tenant makes payment to the landlord or deposits with Rent
               Court all arrears of rent including interest within one week
               of notice being served on him:
                    Provided further that this relief shall not be available
               again, if the tenant defaults in payments of rent
               consecutively for two months in any one year subsequent to
               getting relief once;
               (c) that the tenant has after the commencement of this Act,
               parted with the possession of whole or any part of the
               premises without obtaining the written consent of the
               landlord;

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              (d) that the tenant has continued misuse of the premises
              even after receipt of notice from the landlord to stop such
              misuse.
              Explanation – For the purpose of this clause, misuse of
              premises means encroachment of additional space by the
              tenant or use of premises which causes public nuisance or
              causes damage to the property or is detrimental to the
              interest of the landlord or for an immoral or illegal purposes;
              (e) that the premises or any part thereof are required by the
              landlord for carrying out any repairs or building or
              rebuilding or additions or alterations or demolition, which
              cannot be carried out without the premises being vacated:

                  Provided that the re-entry of the tenant after such
              repairs, rebuilding, addition, alteration etc. will be allowed
              only when it has been mutually agreed to between the
              landlord and the tenant and the new tenancy agreement is




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              entered between them in writing which shall be registered or
              notarized.
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                   Provided further that re-entry of the tenant shall not be
              allowed in the absence of such mutual agreement and also
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              in cases where the tenant has absence of such written
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              agreement and also in cases where the tenant has been
              evicted under the orders of the Rent Court.
              (f) that the premises or any part thereof are required by the
              landlord for carrying out any repairs, building, rebuilding,
              additions, alterations or demolition, for change of its use as
              a consequence of change of land use made by the competent
              authority under relevant law applicable to the local
              authority.
              (g) that the premises let for residential or non-residential
              purpose are required by the landlord for occupation for
              residential or non-residential purpose for himself or for any
              member of his family or for any person for whose benefit the
              premises were held and the landlord or such person is not
              in possession of any suitable accommodation within the
              same urban area;

              (h) that the tenant has given written notice to quit and in
              consequence of that notice the landlord has contracted to
              sell the accommodation or has taken any other step, as a
              result of which his interests would seriously suffer if he is
              not put in possession of that accommodation;

      (3) The Rent Court may, on an application made to it in the manner
prescribed, make an order putting the landlord in possession of the

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premises by evicting the tenant after expiry of the tenancy period specified
in the agreement.