(l) A landlord may let out the premises for residential purposes for a limited period not exceeding three years.
(2) In such cases the landlord and the proposed tenant shall submit a joint petition before the Rent Tribunal for permission to enter into the limited period tenancy and for grant of certificate for recovery of possession.
(3) The rent tribunal shall grant permission immediately and issue certificate for recovery of possession of such premises executable on expiry of the period mentioned in the certificate. However, such permission shall not be granted for more than three times for the same premises:
Provided that the certificate for recovery of possession issued in this section shall lapse if petition for execution thereof has not been filed before the Tribunal within six months from the date such certificate becomes executable.
Notwithstanding anything contained in any other law or contractbut subject to other provisions of this Act, Rent Tribunal shall not order eviction of tenant unless it is satisfied that,-
(a) the tenant has neither paid nor tendered the amount of rent due from himfor four months:
Provided that the ground under this clause shall not be available to the landlord if he has not disclosed to the tenant his hank account number and name of the bank in the same Municipal area, in the rent agreement or by a notice sent to him by registered post, acknowledgment due :
Provided further that no petition on the ground under [his clause shall he filed unless the landlord has given it notice to the tenant by registered post, acknowledgment due, demanding arrears of rent and the tenant has not made payment of arrears of rent within a period of thirty days from the (late of service of notice.
For the purposes of this clause, the rent shall be deemed to have been tendered when the sane is remitted through money order to the landlord by properly addressing the same; 11[or having been deposited with the Rent Authority;]; or
(b) the tenant has wilfully caused or permitted to be caused substantial damage to the premises; or
(c) the tenant has without written permission of the landlord made or permitted to be made any construction which has materially altered the premises or is likely to diminish the value thereof; or
(d) the tenant has created a nuisance or has done any act which is inconsistent with the purpose for which he was admitted to the tenancy of the premises or which is likely to affect adversely and substantially the landlord's interest therein; or
(e) the tenant has assigned, sub-let or otherwise parted with the possession of the whole or part of the premises without the written permission of the landlord;
If it is established that some person other than the tenant is in the exclusive possession of the whole or part of the premises, it shall be presumed that the tenant has either sub-let or parted with the possession of the whole or part of the premises, as the case may be; or
(f) the tenant has renounced his character as such or denied the title of the landlord and the latter has not waived his right or condoned the conduct of the tenant; or
(g) the premises were let out for residential purposes but have been put to commercial use wholly or partially; or
(h)the premises were let out to the tenant for residential purposes by reason of his being in the service or employment of the landlord and the tenant has ceased to be in such service or employment; or
(i)the premises are required reasonably and bonafide by the landlord for the use or occupation of himself or his family or for the use or occupation, of any person for whose benefit the premises are held :
Provided that where decree of eviction from any premises is sought by thelandlord under clause (i), he shall be prohibited from letting out the same to any other person within a period of three years and in case the premises are let-out, the tenant shallbe entitled for restoration of possession on a petition moved by him before the Rent Tribunal and the Rent Tribunal shall dispose of such petition expeditiously and the procedure as laid down in section 16 shall mutatis mutandis apply; or
(j)the tenant has built or acquired vacant possession of or has been allotted suitable premises adequate for his requirement; or
(k)the premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of the petition; or
(l) the landlord has been required by any authority under any law to abate the overcrowding of the premises; or
(m) the landlord requires the premises in order to carry out any building work,-
(i) at the instance of the State Government or a local authority in pursuance of an improvement scheme or development scheme; or
(ii) Because the premises have become unsafe or unfit for human habitation.
(11 Inserted By THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017)
10. Right of landlord to recover immediate possession in certain cases.-
(l) Notwithstanding anything to the contrary contained in this Act or any 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 premise, 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 year 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 corporations and files the aforesaid petition within a period prior to or subsequent to the date of his retirement or within a period of one year from 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 aperiod 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 from the date of death of her husband.
(2) Where the landlord has let out more than one premises, the petition under sub section (1) shall be maintainable in respect of one rented premises only to be chosen by the landlord and petition under sub-section (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 requiresthe ground floor premises for his own residence, he shall, on a petition being filed 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 if tenant is prepared to vacate ground 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 be 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 same 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 section shall -mutatis mutandis apply.
Explanation.-