Where a decree for eviction has been passed by the court on the ground specified in clause (i) of sub-section (1) of section 16 and the work of demolishing the premises and of the erection of new building has been commenced by the landlord, the tenant may, without prejudice to the provisions of sub-clause (ii) and (iii) of clause (d) of sub-section (6) of section 16 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 a 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 obtains an order of the court fixing the standard rent in respect of the tenement at higher rate;
(b) that his occupation of the tenement shall, save as provided in condition (a), be on the same terms and conditions on which he occupied the premises immediately before the eviction.
(a) that he shall pay to the landlord the standard rent in respect of the tenement:
Provided that, in respect of a 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 obtains an order of the court fixing the standard rent in respect of the tenement at higher rate;
(b) that his occupation of the tenement shall, save as provided in condition (a), be on the same terms and conditions on which he occupied the premises immediately before the eviction.
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Application.Section 3 · Exemption.Section 4 · Power of State Government to issue orders in respect of premises belonging to local authority, etc.Section 5 · Cessation of exemption.Section 6 · Provisions with regard to standard rent not to apply to certain premises.Section 7 · Definitions.Section 8 · Court may fix standard rent and permitted increase in certain cases.India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2024-05-06. Check the linked official text and subsequent notifications when applying a provision.