MAHARASHTRA ACT No. XVIII OF 2000.1

[THE MAHARAsHTRARENT CONTROLACT, 1999. ]...

(This Act received the assent of the President on the8th March 2000; assent was first published in the Maharashtra

Government Gazette, Part IV, on the 10th Mar(Jh2000.)

An Act to unify, consolidate and amend the law relatingto the control of rent and repairs of certain premises andof eviction and. for encouraging the construction of newhouses by. assuring a fair return on the investment bylandlords and to provide for the matters connected withthe purposes aforesaid.

WHEREAS it is expedient to unify, consolidate and amendthe laws prevailmg in the different parts of the State relatingto the. control of rents and repairs of certain premises and ofeviction and for encouraging the construction of new housesby assuring a fair return and to provide for the mattersconnected with the purposes aforesaid; It is hereby enactedin the Fiftieth Year of the Republic of India as follows:-. .

CHAPTER I

PRELIMINARy

1. (1) This Act may be called the MaharashtraRent Control Shorttitle,Act 1999. . . . .. extent and, conunencement.

(2) It shall extend to the whole of the State of Maharashtra.

(3) It shall come. into force on such date2 as the StateGovernment. may, by notification in the Official Gazette,.appoint.

2. (1) This Act shall, in the first instance, apply to premiseslet for the purposes of residence, education, business, tradeor storage in the areas specified in Schedule I and ScheduleII.

Application.

(2) Notwithstanding anything ~ontained in sub-section (1),it shall also apply to the premises or, as the case may be,houses let out in the areas to which the Bombay Rents, Hoteland Lodging House Rates Control Act, 1947 or the CentralBorn.LVIIof 1947.

1. For Statement of Objects and Reasons, see Maharashtra GovernmentGazette, Extraordinary, Part V, pp. 347-349, dated the 27th July 1993, forReport of the Joint Committee, see Maharashtra Gpvernment Gazette,Extraordinary, Part V, pages 379-441, dated the 23rd April 1999.

2. 31st day of March 2000, vide G. N., H. and S. A. D., No. MRA.2000/CR-l4/Bhanika, dated the 30th March. .

2

Exemption.

The Maharashtra Rent Control Act, . 1999 [2000 : Mah. XVIII .

Provinces and Berar Letting of Houses and Rent ControlOrder, 1949 issued under the Central Provinces and BerarRegulation of Letting of Accommodation Act, 1946 andHy&~rabad Houses (Rent, Eviction and Lease) Control Act,1954 were extended and applied before the date ofcommencement of this Act and such premises or housescontinue to be so let on that date in such areas which arespecified in Schedule I to this Act, notwithstanding that thearea ceases to be of the .description therein specified.

(3) It shall also apply to the premises let for the purposesspecified in sub-section (1) in such of the cfties or towns asspecified in .Schedule II.

(4) Notwithstanding anything contained hereinabove, theState Government may, by notification in the Official Gazette,direct that,-

(a) this Act shall not apply to any of the areas specifiedin Schedule I or Schedule II or that it shall not apply to anyone or all purposes specified in sub-section (1);

(b) this Act shall apply to any preniises let for any or allpurposes specified in sub-section (1) in the areas other thanthose specified in Schedule I and Schedule II.

3. (1) This Act shall not apply,-

(a) to any premises belonging to the Government or alocal authority or apply as against the Government to anytenancy, licence or other like relationship created by agrant from or a licence given by the Government in :respectof premises requisitioned or taken on lease or on licence bythe Government, including any premises taken on behalf ofthe Government on the basis of tenancy or of licence orother like relationship by, or in the name of any officersubordinate to the Government authorised in this behalf;but it shall apply in respect of 'premises let, or given onlicence, to the Government or a local authority or taken onbehalf of the Government on such basis by, or in the nameof, such officer;

(b) to any premises let or sub-let to banks, or any PublicSector Undertakings or any Corporation established by orunder any Central or State Act, or foreign missions,international agencies, multinational companies, and privatelimited companies and public limited companies having apaid up share capital of rupees one crore or more.

Explanation.-For the purpose of this clause the expression"bank" n1eans,-

(i) the State Bank of India constituted under the State 23ofBank of India Act, 1955 ; J9SS.

C. P. andBerar ActXI of1946.Hyd. ActNo. XX of1954.

2000': Mah. XVIII]

38 of1959.

5 of1970.

40 of1980.

2 of1934.

The Maharashtra Rent Control Act, 1999 3

(ii) a subsidiary bank as defined in the State Bank ofIndia (Subsidiary Banks) Act, 1959;

(iii) a corresponding new bank constituted under section3 of the Banking Companies (Acquisition and Transfer ofUndertakings) Act, 1970 or under section 3 of the BankingCompanies (Acquisition and Transfer of Undertaking)Act, 1980; or

(iu) any other bank, being a scheduled bank as definedin clause (e) of section 2 of the Reserve Bank of India Act,1934, .

(2) The State Government may direct that .all or any of theprovisions of this Act, shall, subject to" such conditions andterms, as it may specify, not apply-

(i) to premises used for public purpose of a charitablenature or to any class of premises used for such purpose;

(ii) to 'premises held by a public trust for a religious orcharitable purpose and let at a nominal or concessional rent;

(iii) to premises held by a public trust for a religious orcharitable purpose and administered by a local authority;or

(iu) to premises belonging to or vested in an universityestablished by any law for the time being in force:

Provided that, before issuing any direction under thissub-section, the State Government shall ensure that thetenancy rights of the existing tenants are not adverselyaffected, .

(3) The expression" premises belonging to the Governmentor a local authority" in sub-section (1) shall, notwithstandinganything contained in the said sub-section or in any judgement,decree or order of a court, not includ,e a building erected onany land held by any person from the Government or a localauthority under an agreement, lease, licence or other grant,although having regard to the provisions of such agreen;ient,lease, licence or 'grant, the building so erected may belong orcontinue to belong to the 'Government or the local authority,as the case may be, and such person shall be entitled ,to createa tenancy in respect of such building or a part thereof,

4. Notwithstanding anything contained in this Act,' the PowerofState Government may from time to time, by general or. Special Sa

tatetovemmen

order, direct that the exemption granted to a local authority toissueunder sub-section (1) of section 3 shall be subject to such ordersinfd

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h 11 respect 0con Ihons an terms as I may speCI y eIt er genera y or premisesspecially in any particuI'ar case, as the State Government may belongingto. '

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d t ' localIn I s Iscre IOn e ermIne. authority,etc.

4

Cessation ofexemption.

Provisionswith regard tostandard rent

not to applyto certainpremises.

Definitions.

The Maharashtra Rent Control Act, 1999 [2000:Mah. xvm

5. Where there is any contravention of any conditions orterms subject to which any exemption is granted by or underthe provisions of this Act, it shall be competent for the StateGovern~ent to direct that such exemption shall cease to haveeffect frdm such date as may be specified in the order:

Provide,d that, no ,such order shall be made, unless the localAuthority or the religious or charitable institution or theuniversity referred to in sub-section (2) of section 3 has beengiven- a reasonable opportunity of showing cause as to whysuch an order should not be issued.

6. Notwithstanding anything contained in this Act, fromthe commencement of this Act, the provisions relating tostandard rent and permitted increases shall not apply to anypremises let or given on licence in a building, whether newlyconstructed or otherwise where such premises were not letor given on licence for a continuous period of one year:

Provided that, nothing in this section shall apply to,-

(a) the premises referred to in sections 20 and 21;

(b) the premises which are constructed or reconstructed inany housing scheme, undertaken by Government or theMaharashtra Housing and Area Development Authority or byany of its Boards established under section 18 of the Mah.Maharashtra Housing and Area Development Act, 1976. XXVIII

of 1977.

7. In this Act, unless there is anything repugnant to thesubject. or context,- '

(1) "Competent Authority" means the competent authorityappointed under section 40;

(2) "Government allottee",- .

(a) in relation to any premises requisitioned or continuedunder requisition which are allotted by the State Governmentfor any non-residential purpose to any Department or officeof the State Government or Central Government or anypublic sector undertaking or corporation owned or controlledfully or partly by the State Government or any Co-operativeSociety registered under the Maharashtra Co-opetativeSocieties Act, 1960 or any foreign consulate, by whatevername called, and on the 7th December 1996, being the dateof coming into force of the Bombay Rents, Hotel and Lodging Mah.House Rates Control, Bombay Land Requisition and XVIofBombay Government Premises (Eviction) (Amendment) 1997.Act, 1996, were in their occupation or possession, means the

Mah.XXIVof1961.

2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 5

principal officer-in-charge of such office or department orpublic sector undertaking or corporation or society orconsulate; and

(b) in relation to any premises requisitioned or continuedunder requisition which were allotted by the StateGovernment for residential purpose to any person and onthe 7th December 1996, being the date of coming into forceof the Bombay Rents, Hotel and Lodging House RatesControl, Bombay Land Requisition and Bombay GovernmentPremises (Eviction) (Amendment) Act, 1996, such person orhis legal heir was in occupation or possession of suchpremises for his or such legal heir's own residence, meanssuch person or legal heir;

(3) "Landlord" means any person who is for the time being,receiving, - or entitled to receive, rent in respect of anypremises whether on his own account or on account, or onbehalf, or for the benefit, of any other person or as a trustee,guardian, or receiver for any other person or who would soreceive the rent or be entitled to receive the rent if the

premises were let to a tenant; and includes any person notbeing a tenant who from time to time derives title under alandlord, and further includes in respect of his sub-tenant,a tenant who has sub-let any premises; and also includes, inrespect of a licensee deemed to be a tenant under the

Born.provisions of the Bombay Rents, Hotel and Lodging HouseLVlIofRates Control Act, 1947, the licensor who has given premises

1947.on licence and in respect of the State Government, or as thecase may be, the Government allottee referred to in sub-clause(b) of clause (2) deemed to be a tenant by section 27 the personwho was entitled to receive the rent if the premises were letto a tenant immediately before the 7th December 1996, that

Mah.is before the coming into force of the Bombay Rents, Hotel and

X~~OfLodging House Rates Control, Bombay Land Requisition andI 7. the Bombay Government Premises (Eviction) (Amendment)

Act, 1996;

(4) "legal representative" means a legal representative asVof defined in the Code of Civil Procedure, 1908, and includes

1908.also, in the case of joint family property, the joint family ofwhich the deceased person was a member;

(5) "Licensee" in respect of any premises or any part thereof,means the person who is in occupation of the premises or suchpart, as the case may be, under a subsisting agreement for

H 4272-2

Mah.XVlof

1997.

6 The Maharashtra Rent Control Act, 1999 [2000 : Mah. xvm

licence given for a licence fee or charge; and includes anyperson in such occupation of any premises or part thereof ina building vesting in or leased to a co-operative housingsoci:ety' registered or deemed to be registered under theMaharashtraCo-operative Societies Act, 1960; but does notinclude"a paying guest, a member of a family residing together,a persol~in the service or employment of the licensor, or aperson conducting a running business belonging to the lieensoror a person having any accommodation for rendering orcarrying on medical or para-medical services or activities inor near a nursing home, hospital or sanitorium or a personhaving. any a,ccommodation in a hotel, lodging house, hostel,guest house, club, nursing home, hospital, sanitorium,dharmashala, home for widows, orphans or like premises,marriage or public hall or like premises, or in a place ofamusement or entertainment or like institution, or in anypremises belonging to or held by an employee or his spousewho on account of exigencies of service or provisions ofresidence attached to his or her post or office is temporarilynot occupying the premises, provided that he or she chargeslicence fee or charge for such premises of the employee orspouse not exceeding the standard rent and permitted increasefor such premises, and any additional sum for service suppliedwith such premises or a person having accommodation in anypremises or part thereof for conducting a canteen, creche,dispensary or other services as amenities by any undertakingor institution; and the expressions" licence", "licensor" and"premises given on licence" shall be construed ~cordingly;

(6) "local authority" means,-(a) the Mumbai Municipal Corporation constituted under

the Mumbai Municipal Corporation Act or the NagpurMunicipal Corporation constituted under the City of NagpurMunicipal Corporation Act, 1948 or any MunicipalCorporation constituted in respect of any city under theBombay Provincial Municipal Corporations Act, 1949,

(b) a Municipal Council, constituted under theMaharashtra Municipal Councils, Nagar Panchayats andIndustrial Townships Act, 1965,

(c) a Zilla Parishad and a Panchayat Samiti constituted MahVunder the Maharashtra Zilla Parishads and Panchayat of 1962.Samitis Act, 1961,

(d) a Village Panchayat, constituted under the Bombay 80111.IIIVillage Panchayats Act, 1958, of 1959.

(e) a cantonment, constituted under the Cantonments Act2of1924.Act, 1924, .

Mah.XXIV of1961.

80111.IIIof 1888.c.P. andBerar IIof 1950.80111.LIX of

194;9.Mah. XLof 1965.

2000 :Mah. XVIII]

cP. and13erar

ActXXXVI

of 1936.Mah.

XXVIIIof 1977.

Bom.xxxm

of 1948.

Born.XVlof

1939.Born.VII of1944.130m.

LVII of1947.

CP. andBerar

No. XIor"1946.Hyd. Act

No.XXof 1954.

II 4272--2a

The Maharashtra Rent Control Act, 1999 7

(f) the Nagpur Improvement Trust, constituted under theNagpur Improvement Trust Act, 1936,

(g) the Maharashtra Housing and Area DevelopmentAuthority or a Board, constituted under the MaharashtraHousing and Area Development Act, 1976,

(h) the City and Industrial Development Corporation,(i) the Pimpri and Chinchwad New Township Development

Authority;

(7) "paying guest" means a person; not being a member ofthe family, who is given a part of the premises, in which thelicensor resides, on licence;

(8) "permitted increase" means an increase in rentpermitted under the provisions of this Act;

(9) "pr~mises" means any building or part of ~ building letor given on li'cence separately (other than a farm building)including,-

(i) the gardens, grounds, garages and out-houses, if any,appurtenant to such building or part of a building,

(ii) any fitting affixed to such building or part of a buildingfor the more beneficial enjoyment thereof,but does not include a room or other accommodation in a

hotel or lodging house;

(10) " premises requisitioned or continued under requisition"means the premises requisitioned or continued underrequisition under the Bombay Land Requisition Act, 1948;

(11) "prescribed" means prescribed by rules;

(12) "repealed Act" or "repealed Acts" means the Act, orActs referred to in section 58;

(13) "rules" means the rules made under this Act;

(14) "standard rent" in relation to any premises me'ans,-

(a) where the standard rent is fixed by the Court or, asthe case may be, the Controller under the Bombay RentRestriction Act, 1939, or the Bombay R~nts, Hoted~,ates and,Lodging House Rates (Control) Act, 1944 or' the'! BombayRents, Hotel and Lodging House Rates Control Act, :1947,or the Central Provinces and Berar Letting of Houses andRent Control Order, 1949 issued under the Central Provincesand Berar Regulation of Letting of Accommodation Act,1946, or the Hyderabad Houses (Rent, Eviction and Lease)Control Act, 1954, such rent plus an increase of 5 per cent.,i~ the rent so fixed; or .

8 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII

(b) where the standard rent or fair rent is not so fixed,then subject to the provisions of sections 6 and 8,-

(0 the rent at which the premises were let on the 1stday of October 1987; or

(ii) where the premises were not let on the 1st day of,Qcfober 1987 or the rent at which they were last let beforethat day, plus increase of 5 per cent. in the rent of thepremises let before the 1st day of October 1987, or

(c) in any of the cases specified in section 8, the rent fixedby the Court;

(15) "tenant" means any person by whom or on whoseaccount rent is payable for any premises and includes,~

(a) such person,-(i) who is a tenant, or(ii) who is a deemed tenant, or(iii) who is a sub-tenant as permitted under a contract

or by the permission or consent of the landlord, or(iv) who has derived title under a tenant, or(v) to whom interest in premises has been assigned or

transferred as permitted,

by virtue of,. or under the provisions of, any of therepealed Acts;

(b) a person who is deemed to be a tenant under section25; ...

(c) a person to whom interest in premises has beenassigned or transferred as permitted under section 26;

(d) in relation to any premises, when the tenant dies,whether the death occurred before or after thecommencement of this Act, any member of the tenant'sfamily, who,-

(i) where they are let for residence, is residing, or(ii) where they are let for education, business, trade or

storage, is using the premises for ~ny such purpose, withthe tenant at the time of his death, or, in the absence ofsuch member, any heir of the deceased tenant, as may bedecided, in the absence of agreement by, the court.

Explanation.-The provisions of this clause fortransmission of tenancy shall not be restricted to the deathof the original tenant, but shall apply even on the death ofany subsequent tenant, who becomes tenant under theseprovisions on the death of the last preceding tenant.

2000 : M~. XVIII] The Maharashtra Rent Control Act, 1999 9

CHAPTER IIPROVISIONS REGARDING FIXATION OF STANDARD RENT AND

PERMITTED INCREASE

8. (1) Subject to the provisions of section 9 in any of the Courtmayfi II

'

th t.

I"

d,fix standard

0 OWIng cases, e cour may, upon an app IcatlOn ma e to It rent andfor the purpose, or in any suit or proceedings, fix the standard permittedrent at such amount as, having regard to the provisions of this incre~sesin .certaIn cases.Act and the circumstances of the case, the court, deems just,-

(a) where the court is satisfied that there is no sufficientevidence to ascertain the rent at which the premises werelet in anyone of the cases mentioned in paragraphs (i) and(ii) of sub-clause (b) of clause (14) of section 7; or

(b) where by reasons of the premises having been let atone time as a whole or in parts and at another time, in partsor as a whole, or for any other reasons; or

(c) where any premises have been or are let rent-free or,at a nominal rent; or for some consideration in addition torent; or

(d) where there is any dispute between the landlord andthe tenant regarding the amount of standard' rent.

(2) If there is any dispute between the landlord and thetenant regarding the amount of permitted increase, the courtmay determine such amount.

(3) If any application for fixing the standard rent or fordetermining the permitted increase is made by a tenant,-

(a) the court shall forthwith specify the amount of rent,or permitted increase which are to be deposited in court bythe tenant, and make an order directing the tenant todeposit such amount in court or, at the option of the' tenant,make an order to pay to the landlord such amount, thereofas the court may specify pending the final decision of the'application. A copy of the order shall be served upon thelandlord' '; :, .

(b) out of any amount deposited in the court Ullder. clause(a), the court may make an order for payment of suchreasonable sum to the landlord towards payment of the rentor increases due to him as it thinks fit;

-(c) if the tenant fails to deposit such amount or, as thecase may be, to pay such amount thereof to the landlord, hisapplication shall be dismissed.

10 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIll

(4) (a) Where at any stage of a suit for recovery of rent,whether with or without a claim for possession of the premises,th

2000 ; Mah. XVIII] The Maharashtra Rent Control Act, 1999 11

permitted increases, unless the landlord was, before thecoming into operation of this Act, entitled to recover suchincrease by virtue of, or under, the provisions of any of therepealed Acts or is entitled to recover such increase under theprovisions of this Act.

(2) Any contravention of provisions of sub-section (1) shallbe an offence punishable, on conviction, with imprisonmentnot exceeding three months or fine not exceeding rupees fivethousand or with both.

11. (1) After the commencement of this Act a landlord shall Increaseinrentb

.1 d k

.f 4 . annuallyandone entIt e , to ma e an Increase 0 per cent. per annum III accountof

the rent of the premises let for any of the purposes referred improvementto in sub-section (1) (jf section 2. etc.,special

addition etc.,

Expla7]ation.-For the purposes of this sub-section, the andspecialor. " heavy repaIrs.

perIod of one year on completIOn of whIch rent shall be soincreased shall be computed from the date of commencementof this Act.

(2) A landlord shall also be entitled to make such increasein the rent of the premises as may be reasonable for animprovement or structural alterations of the premises whichhas been made with the consent of the seventy per cent. of thetenants given in writing.

Explanation.-In this sub-section, improvements andalterations do not' include the repairs which the landlord isbound to make under sub-section (1) of section 14.

(3)(a) Notwithstanding anything contained in sub-section(2), but subject to the provisions of clauses (b) and (d), alandlord shall further be entitled to make an' increase in therent of premises by an addition to the rent in the manner

prescribed of an amount not exceeding fifteen per ceIft. perannum of the expenses incurred on account of special additionsto premises or special alterations made therein or additionalamenities provided for the premises or on accQtmt ofimprovements or structural alterations made ul/-der sub-section (2) after the commencement of this Act.

Explanation.-For the purpose of this clause, the expr~ssion"expenses incurred" in relation to the execution, of any workspecified therein, means the total cost. incurred therefor ascertified by the municipal authority or an architect from apanel of architects notified by the State Government for thepurposes of this Act.

12 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVITI

(b) Before making any increase under clause (a), the landlordshall obtain a certificate from the municipal authority that hewas required by it to make or to provide such additions,alterations, improvements or amenities and has completedthem ;in 9onformity with its requirements.

(c) Ifa ~,andlord, when required by a municipal authority toexecute the work of any such additions, improvements,alterations or amenities, fails to do so, the tenant or thetenants interested in such work may seek the approval of themunicipal authority for exec~ting such work. The municipalauthority shall grant the approval, unless other measures aretaken by it to 'execute the said work. Wh~le granting theapproval, the municipal authority shall specify the nature ofthe' work. Upon such approval being granted, the tenants shallbe entitled to execute the said work and the expenses incurredfor such work shall, for all purposes, be binding on thelandlord. The tenants shall also be entitled to deduct amountof expenses incurred for s,-!ch work from the rent which fromtime to time becomes due by them to the landlord or otherwiserecover such amount from him:

Provided that, where such work is jointly executed by' thetenants the amount. to ~e deducted or recovered by eachtenant shall bear the same proportion as the rent payable byhim in respect of his premises bears to the total amount of theexpenses incurred for such work:

Provided further that, the total amount so deaucted orrecoverable shall not exceed the amount of expenses incurredfor such work.

Explanation.-For the purposes of this sub-section,-

(a) the expression "municipal authority" includes,--(i) in the case of any Municipa:l Corporation, the

Municipal Commissioner or any officer of the MunicipalCorporation authorised by him in this behalf;

(ii) in the case of any Municipal Council, the ChiefOfficer of the Council; and

(iii) in the case of any Canto'nment, the ExecutiveOfficer of the Cantonment; \

(b) the expression "expenses incurred for such work"means the total cost as certified by the'municipal authorityor an architect from the panel of architects notified by theState Government for the purposes of this Act.

2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 13

(d) In respect of any work executed by the tenants underclause (c) and where the total amount of the expenses incurredfor such work is deducted or recovered by the tenant ortenants, as the case may be, in accordance with the provisosthereto, the landlord shall be entitled to m~ke the increasepermitted under clause (a) ; and such increase of rent shall bepayable from the month following the month in which suchtotal amount is so deducted or recovered.

(4) (a) The landlord shall also be further entitled to make,on account of special or structural repairs made by him inaccordance with the provisions of this sub-section, a temporaryincrease in the rent of premises by an addition to the rent, inthe manner prescribed at a rate not exceeding twenty-five percent. of the standard rent; and the increase of rent shall bepayable from the date of completion of the repairs till theamount o( the expenditure for such repairs is recovered fromthe tenant.

Mah.XXVIII

of1977.

Explanation.-Nothing in this sub-section shall apply to thestructural repairs to buildings carried out by the MumbaiRepairs and Reconstruction Board under Chapter VIII of theMaharashtra Housing and Area Development Act, 1976.

(b) Before making any increase under clause (a), the landlordshall obtain, in the prescribed manner and in the prescribedform, a declaration from the prescribed authority or a certificatefrom an a,rchitect from a panel of architects notified by theState Government for the purposes of this Act; asserting thatit is necessary to .undertake such repairs and specifying thenature and extent of repairs required and the estimated costtherefor, and after such repairs are carried out, the landlordshall also obtain, in the prescribed manner and in the prescribedform, a certificate from such prescribed authority or sucharchitect confirming that the repairs were carried out inaccordance with the declaration, or as the case may be, thecertificate aforesaid and fixing the date of completion of therepairs and the actual expenses therefor,

(c) The increase in rent under clause (a) shall be recoverablefrom all tenants occupying premises in the building OIt thebasis of the actual expenses incurred as specified in a certificatefrom the municipal authority or the ar~hitect as aforesaid, andthe amount to be recovered from each tenant shall bear thesame proportion as the rent payable by him in respect of hispremises bears to the total amount of actual expenses.

H 4272-3

"

14 The Maharashtra Rent Control Act, 1999 [2000:Mah. xvm

Increase in rent 12. (1) Where a landlord is required to pay toon accoun

tt O

ff Government or to an y local authorit y or statutnrv authorit ypaymen 0' .-Jrates,etc. in respect of any premises any fresh rate, cess, charges, tax,

, land assessment, ground rent of land, or any other levy on, lands and building, or increase in'rate, cess, charges, tax, land. assessment, ground rent of land or any other levy on lands and

buiJ,dings, he shall, notwithstanding anything contained in anyother pr~visions of this Act but save as otherwise expresslyprovided in any other law for the time being in force, be.entitled to make an increase in the rent of such premises:

Provided that, the increase in rent shall not exceed theamount af any such rate, cess, charges, tax, land assessment,ground rent of land or any other levy on lands and buildings,as the case may be.

(2) Where the rent is inclusive of charges for electricItyand water and the landlord is required to pay any increase inthese charges in respect of any premises, he shall be entitledto make an increase in the rent of such premises by an amountnot exceed'ihg the additional amount' payable by'him in respectof such premises on' account of such increase.

(3) The amount of the increase in rent recoverable fromeach tenant under sub sections (1) apd. (2) shall bear the sameproportion as the rent payable by him in respect of hispremises bears to the t9tal a~ount ofimy such rate, cess,charges, tax, land assessment, groUnd rent of land or any otherlevy on lands and buildings, pr increase in electricity or watercharges, as the case may be. -' . ~

13. Any increase of rent under' any of the foregoingprovisions of sections 11 and 12,sh'all not be deemed'tobeincrease. for the purpose of section:' 10., ".

14. (1) Notwithstanding anything contained in any law forthe time being in force and in the absence of an agreement tothe contrary by the tenant, every)andlord shall be bound .tokeep the premises in goo

2000: Moo. XVTII] The Maharashtra Rent Control Act, 1999 15

Provided that, where the repairs are jointly made by thetenants, the amount to be deducted or recovered with interestby each tenant shall bear the same proportion as the rentpayable by him in respect of his premises bears to the totalamount of the expenses incurred for such repairs togetherwith simple interest at fifteen per cent. per annum on suchamount:

Provided further that, the amount so deducted or recoverablein any year shall not exceed one-fourth of the rent payable bythe tenant of that year.

(3) For the purposes of calculating the expenses of therepairs made under sub..section (2), the accounts together withthe vouchers maintained by the tenants shall be conclusiveevidence of such expenditure and shall be binding on thelandlord.

CHAPTER III

RELIEF AGAINST FORFEITURE

15. (1) A landlord shall not be entitled to the recovery of Noejectment.f

.I th t . ordimllilytobepOSSeSSIOn 0 any premIses so ong as e enant Pays, or IS d .f t tma e 1 enan

ready and willing to pay, the amount of the standard rent and paysoris readypermitted increases, if any, and observes and performs the andwillingto

h d. .

f h.

f h . pay standardot er con Ihons 0 t e tenancy, III so ar as t ey are consIstent rent andwith the provisions of this Act. permitted

increases.

(2) No suit for recovery of possession shall be instituted bya landlord against the tenant on the ground of non-paymentof the standard rent or permitted increases due, until theexpiration of ninety days next after notice in writing of thedemand of the standard rent or permitted increases has been

IVofserved upon the tenant in the manner provided in section 1061882.of the Transfer of Property Act, 1882. .

(3) No decree for eviction shall be passed by the court inany suit for recovery of possession on the ground of arrearsof standard rent and permitted increase if, within a period ofninety days from the date of service of the summons of the ~uit,the tenant pays or tenders in court the standard rent. andpermitted increases then due together with simple interest onthe amount of arrears at fifteen per cent. per annum; andthereafter continues to payor tenders in court regularly suchstandard rent and permitted increases till the suit is finallydecided and also pays cost of the suit as directed by the court.

H 4272-3a

16 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII

(4) Pending the disposal of any suit, the court may, out ofany amount paid or tendered by the tenant, pay to thelandl&rd such amount towards the payment of rent or permittedincreases due to him as the court thinks fit.

CHAPTER IVRECOVERY OF POSSESSION

When landlord i6. (1) Notwithstanding anything contained in this Act butmayrecover . .possession.subject to the provisions of section 25, a landlord shall be

entitled to recover possession of any premises if the court issatisfied-

. (a) that the tenant has committed any act contrary to theprovisions of clause (0) of s~ction 108 of the Transfer of ~~:~.Property Act, 1882.

Explanation.-For the purposes of this clause, replacingof tiles or closing of balcony of the premises shall 'not beregarded as an act of a causing damage. to the building ordestructive or permananetly injurious thereto; or

(b) that the tenant has, without the landlord's consentgiven in writing, erected ,on the premises any permanentstructure;

Explanation.-For the purposes of this clause, theexpression "permanent structure" does not include thecarrying out of any work with the permission, wherevernecessary, of the municipal authority, for providing a woodenpartition, standing cooking platform in kitchen, door, latticework of opening of a window necessary for ventilation, afalse ceiling, installation of air-conditioner, an exhaustoutlet or a smoke chimney; or

(c) that the tenant, his agent, servant, persons inductedby tenant or claiming under the tenant or, any personresiding with the tenant has been guilty of conduct whichis a nuisance or annoyance to the adjoining or neighbouringoccupier, or has been convicted of using the premises orallowing the premises to be used for immoral or illegalpurposes or that the tenant has in respect of the premisesbeen convicted of an offence of contravention of any of theprovisions of clause (a) of sub-section (1) of section 394 or B . III.of section 394A of the Mumbai Municipal Corporation Act o;~88.or of sub-section 394 or of section 376 or of section 376A of Born

the Bombay Provincial Municipal Corporations Act, 1949, t~:90for of section 229 of the City of Nagpur Municipal Corporation c.p. ~ndAct, 1949 ; or of section 280 or of section. 281 of the Bt:rarII

Maharashtra Municipal Councils, Nagar Panchayats and ~ ~50.Industrial Townships Act, 1965 ; or x:. ~f

1965.

2000: Mah. XVIII]

Born.LVIIof

1947.

The Maharashtra Rent Control Act, 1999 17

(d) that the tenant has given notice to quit and inconsequence of that notice, the landlord has contracted tosell or let the premises or has taken any other steps as aresult of which he would, in the opinion of the court, beseriously prejudiced, if he could not obtain possession of thepremIses; or

(e) that the tenant has-

(i) on or after the 1st day of February 1973, in the areasto which the Bombay Rents, Hotel and Lodging HouseRates Control Act, 1947 applied; or

(ii) on or after the commencement of this Act, in theVidarbha and Marathwada areas of the State,

unlawfully sub-let or given on licence the whole or part ofthe 'premises or assigned or transferred in any othermanner his interest therein; or

(f) that the premises were let to the tenant for use as aresidence by reason of his being in the service or employmentof the landlord, and that the tenant has ceased, whetherbefore or after the commencement of this Act, to be in suchservice or employment; or

(g) that the premises are reasonably and bona fide requiredby the landlord for occupation by himself or by any personfor whose benefit the premises are held or where thelandlord is a trustee of a public charitable trust that thepremises are required for occupation for the purposes of thetrust; or

(h) that the premises are reasonably and bona fide requiredby the landlord for carrying out repairs which cannot becarried out without the premises being vacated; or

(i) that the premises are reasonably and bona fide requiredby the landlord for the immediate purpose of demolishingthem and such demolition is to be made for the purpose oferecting new building on the premises sought to bedemolished; or

(j) that the premises let consist of a tenement or te:rIementson the terrace of a building such tenement or te:rIementsbeing only in part of the total area of the terrace, and thatthe premises or any part thereof are required by thelandlord for the purpose of the demolition thereof anderection or raising of a floor or floors on such terrace;

Explanation.-For the purposes of this clause, if thepremises let include the terrace or part thereof, or garages,

18 The Maharashtra Rent Control Act, 1999 [2000 : MM. XVIll

servants quarters or out-houses (which are not. on the~errace), or all or anyone or ,more of them, this clause shallnevertheless apply; or

, (k) that 'the. premises are required for the immediatepurpose. of demolition ordered by any mmiicipal authorityor other competent authority; or '

(l) that where the premises are land in the nature ofgi'lrden or grounds appurten'ant to a building or part of abuilding, such land \}is required by the landlord for theerection of a new building which a muniCipal authority has\ .approved or permitted him to build thereon; or

(m) that the rent charged 'by the tenant for the premises'or any part thereof which are sub-let is in excess of thestandard rent and permitted increases in respect of suchpremises or part or that the tenant has received any fine,premium, other like sum of consideration in respect of suchpremises or part; or

(n) that the premises have not been used, withoutreasonable cause for the purpose for which they were let fora continuous period of six months immediately precedingthe date of the suit. .

(2) No decree for eviction shall be passed .on the ground,specified in clause (g) of sub-section (1), if the court is satisfiedthat, having regard to all the circumstances of thecase including the question whether other '1"easonableaccommodation is available for the landlord or the tenant,greater hardship would be caused by passing the decree thanby refusing to pass it.

Where the court is satisfied that no hardship would becaused either to the tenant or to the landlord by passingthe decree in respect of a part of the premises, the court shallpass the decree in respect of such part only.

Explanation,-For the purposes of clause (g) of sub-section(1), the expression "landlord" shall not include a rent-farmeror rent-collector or estate-manager.

(3) A landlord shall not be entitled to recover possessionof any premises under the provisions of clause (g) of sub-section (1) if the premises are let to the Central Governmentin a cantonment area and such premises, are being used forresidence by members of the armed forces of the Union, ortheir families," ,.

2000 : Moo. XVIII] The Maharashtra Rent Control Act, 1999 19

, (4) The court may pass the decree on the ground specifiedin clause (h) or (i) of sub-section (1) only in respect of a partof the premises which in its opinion it is necessary to vacatefor carrying out the work of repair or erection.

(5) Notwithstanding anything contained in any other lawfor the time being in force, an assignment of a decree foreviction obtained on the grounds specified in clauses (g), (h),(i) and (j) of sub-section (1) shall be unlawful.

(6) No decree for eviction shall be passed on the groundspecified in clause (i) or (j) of sub-section (1), unless the courtis satisfied,--

(a) that the necessary funds for' the purpose of theerection of new building or for erecting or raising of a newfloor or floors on the terrace are available with the landlord;

(bYthat the plans and estimates for the new building ornew floor or floors have been properly prepared;

(c) that the new buildi~g or new floor or floors to beerected by the landlord shall, subject to the provisions ofany rules, by-laws or regulations made by municipal authoritycontain residential tenements not less than the number ofexisting tenements which are sought to be demolished;

(d) that the landlord has given an undertaking,-

(i) that the plans and estimates for the new building ornew floor or floors to be erected by the landlord includepremises for each tenant with carpet area equivalent to thearea' of the premises in his.occupation in tbe building soughtto be demolished subject to a variation/of five per cent. inarea; /'

(ii) that the premises specified in sub-clause (i) will beoffered to the concerned tenant or tenants in the re-erected

building or, as the case may be on the new floor or floors;'(iiiJ that where the carpet area of premises in the new

building or on the new floor or floors is more than the carpet'area specified in sub-clause (i) the landlord shall, withoutprejudice to the liability of the landlord under,slib-clause(i), 'obtain the consent, in writing, of the tenant or tenantsconcerned to accept the premises with larger area; ,:and onthe tenant or tenants declining to give such consent thelandlord shall be entitled to put the' additional floor areato any permissible use;

(iv) that the work of demolishing the premises shall becommenced by the landlord not later than one month, .and

20 The Maharashtra Rent Control Act, 1999 [2000 : Mah. xvm

shall be completed 'not later than three months, from thedate he recovers possession of the entire premises; and

'" ',(v). that the work of erection of the new building or newfloor or floors shall be completed by the landlord not laterthan ,ififteen .months from the said date:

Proided that, where the court is satisfied that the workof demolishing the -premises could not be commenced orcompleted,: or the .work of erection of the new building or,as the case may be, the new floor or floors could not becompleted, within time, for reasons beyond the control ofthe landlOI:d, the court' may, by order, for reasons to berecorded, extend the period by such further periods, notexceeding three months at a time as may, from time to time,be specified by it, so however that the extended period shallnot exceed twelve months in the aggregate.

(7) Where the possession of premises is recovered on theground specified under clause (g), (h), (i) or (j) of sub-section(1) and the premises are transferred by the landlord, or byoperation of law before the tenant or tenants are placed inoccupation, then such transfer shall be subject to the rightsand interests of such tenants.

(8) For the purposes of clause (m) of sub-section (1), thestandard rent or permitted increase in respect of the part sub-let shall be the amounts bearing such proportion to thestandard rent or permitted increases in respect of the premisesas may be reasonable having regard to the extent" of the partsub-let and other relevant considerations.

(9) Notwithstanding anything contained in this Act, wherethe premises let to any person include-

(i) the terrace or part thereof; or

(ii) anyone or more of the following structures, that is tosay, tower-rooms, sitting-out-rooms, ornamental structures,architectural features, landings, attics on the terrac~ of abuilding, or one or more rooms of whatsoever descriptionon, such terrace (such room or rooms being in the aggregateof an area not more than one-sixth of the total area of theterrace); or

(iii) the terrace or part thereof and any such structure,

.and the court is satisfied that the terrace or structure or

terrace including structure as aforesaid, are required by thelandlord for the purpose of demolition and erection or raising

2000 :Mah. XVIIT] The Maharashtra Rent Control Act, 1999 21

of a floor or floors on such terrace, the landlord shall beentitled to recover possession of the terrace including suchtower-rooms, sitting-out-rooms, ornamental structures,architectural features, landings, attics or rooms, the court maymake such reduction, if any, in the rent as it may deem just.

(10) A suit for eviction on the grounds specified in clause(h), (i),(j) or (k) of sub-section (1) may be filed by the landlordjointly against all the tenants occupying the premises soughtto be demolished.

17. (1) The court shall, when passing a decree on the groundspecified in clause (h) of sub-section (1) of section 16, ascertainfrom the tenant whether he elects to be placed in occupationof the premises or part thereof from which he is to be evictedand if the tenant so elects, shall record the fact of the election,in the decree and specify in the decree the date on or beforewhich he shall deliver possession so as to enable the landlordto commence the work of repairs.

Recoveryofpossession forrepairs andre--cntry-

(2) If the tenant delivers possession on or before the datespecified in the decree, the landlord shall, two months beforethe date on which the work of repairs is likely to be completed,give notice to the tenant of the date on which the said workshall be completed. Within thirty days from the date of receiptof such notice the tenant shall intimate to the landlord hisacceptance of the accommodation offered and deposit with thelandlord rent for one month. If the tenant gives such intimationand makes the deposit, the landlord shall, on completion ofthe work of repairs, place the tenant in occupation of thepremises or part thereof on the terms and conditions existingon the date of the passing of the decree for eviction. If thetenant fails to give such intimation and to make, the 'cl.E)posit,the tenant's right to occupy ~he premf~es shallterrqin-ate.

(3) If, after the tenant has delivered possession on or beforethe date specified in the decree, the landlord fails to c;ommencethe work of repairs within one month of the specified date orfails to complete the work within a reasonable time or havingcompleted the work fails to place the tenant in oyclIpation ofthe premises in accordance with sub-section (2), the colIrt may,on the application of the tenant made within one year of thespecified date, order the landlord to place him in occupationof the premises or part thereof on the terms and conditionsexisting on the date of passing of the decree for eviction and

H 1

22 The Maharashtra Rent Control Act, 1999 [2000 : Mah. xvm

on such order being made, the landlord and any person whomay be in occupation shall give vacant possession to the tenantof "the premises or part thereof.

(4) ~y landlord who, when the tenant has vacated by thedate s'pecified in the decree, without reasonable. excuse failsto comhlence the' work of repairs and any landlord or otherperson in occupation of the premises who fails to comply withthe, order made by the court under sub-section (3), shall, onconviction, be punishable with imprisonment for a term whichmay extend to three months or with fine which may extendto one thousand rupees or with both.

Recoveryof 18. (1) Where a decree for eviction has been passed by thepossessiOn

tfor court on the gr ound specified in clause (g) of sub-section (1)occupa Ion .etc.,andre- of section 16 and the premises are not occupied within a

entry.period of one month from the date the landlord recoverspossession or the premises are re-Iet within one year of thesaid date to any person other than the original tenant, thecourt may, on 'the application of the original tenant madewithin thirteen months from such date, order the landlord toplace him in occupation of the premises, on the terms andconditions existing on the date of passing of the decree foreviction and, on such order being made, the landlrod and arwperson who may be in occupation of the premises shall givevacant possession to the original tenant.

(2) Any landlord who recovers possession on --the groundspecified in clause (g) of sub-section (1) of section 16 andkeeps the premises unoccupied without reasonable excuseand any landlord or other person in occupation of the premiseswho fails to comply with the order of the court under sub-section (1) shall, on conviction, be punishable withimprisonment for a term which may extend to three monthsor with fine which may extend to five thousand rupees or withboth.

Recoveryof 19. (1) Where a decree for eviction has been passed by thepodssessl

l'?n

h~orcourt on the ground specIfied in clause (i) or (j) of sub-sectionemo IS mgbuilding. (1) of section 16, and the work of demolishing the premises has"

not been commenced by the landlord within the periodspecified in sub-clause (iu) of clause (d) of sub-section (6) of thesaid section, the tenant may give the landlord a notice of hisintention to occupy the premises from which he has beenevicted and if the landlord does not forthwith deliver to him

'the vacant possession of the premises on the same terms and

2000 :Mah.xvm] The Maharashtra Rent Control Act, 1999 23

conditions on which he occupied them immediately before theeviction, the tenant may make an application to the courtwithin six weeks from the date on which he delivered vacant

possession of the premises to the landlord.

(2) If the court is satisfied that the landlord has notsubstantially commenced- the work of demolishing the premiseswithin the period of one month in accordance with hisundertaking, the court shall order the landlord to deliver tothe tenant vacant possession of the premises on the terms andconditions on which he occupied them immediately before theeviction. On such order being made, the landlord shall forthwithdeliver vacant possession of the premises to the tenant. Suchorder shall be deemed to be an order within the meaning of

I~O~~clause (14) of section 2 of the Code of Civil Procedure, 1908.

(3) Any landlord who recovers possession on the groundspecifi~d in clause (i) or (j) of sub-section (1) of section 16, andfails to carry out any undertaking referred to in sub-clauses(i), (ii), (iii), (iv) or (v) of clause (d) of sub-section (6) of the saidsection without any reasonable excuse or fails to comply withthe order of the court under sub-section (1) shall, withoutprejudice to his liability in execution to the order under sub-section (2), on conviction, be punishable with imprisonmentfor a term which may extend to thirty days or with fine whichmay extend to five thousand rupees or with both.

20. Where a decree for eviction has been passed by the Tenants'court on the ground specified in clause (i) of sub-section (1) righttogive

of section 16 and the work of demolishing the premises and ~:~~~r~oofof the erection of a new building has been commenced by the hisintentionlandlord, the tenant may, without prejudice to the provisions to occupy

of sub-clauses (ii) and (iii) of clause (d) of sub-section (6) of tene~~~~.insection 16 within six months from the date on which he new Ul mg.delivered vacant possession of the premises to the landlord,give notice to the landlord of his intention to 9ccuPY atenement in the new building on its completion on thefollowing conditions, namely :-

(a) that he shall pay to the landlord the standard rent inrespect of the tenement:

Provided that, in respect of a residential tenement, thetenant concerned shall not be required to pay ~ rent inrelation to the area at more than double the rate at whichhe paid rent for his former premises immediately before hiseviction under the decree, unless the landlord obtains anorder of the court fixing the standard rent in respect of thetenement at higher rate;

H 4272-4a

24/

The Maharashtra Rent Control Act, 1999 [2000:Mah. xvm

"

(b) that his occupatIon of the tenement shall, save asprovided in condition (q), be on the same terms and conditions

on ~hich he occupied the premises immediately before theeviction.

Landlordto 21. ,'(l)Tlie landlord shall, not less th~m three months

teni~~:I~::::~beforetpe date on. which the erection of the new building or,completionas the case may be, new floor or floors is likely to be completed,andtenant'sintimate to the tenant, the date on which the said erection

right to . .occupyshall be completed. On the saId date, the tenant shall be

premisesin entitled to occupy the premises assigned to him by thenewbllilding.landlord..

\

(2) (a) If the tenant fails to occupy the premises within aperiod. of one month from the date on which he is entitled tooccupy it under sub-section (1), the tenant's right to occupy thesaid premises under the said sub-section shall terminate; andthe landlord shall be entitled to recover from the tenant a sum

equal to three times the amount of the monthly standard rentin respect of the premises.

(b) If the landlord fails, without reasonable excuse, tocomply with the provisions of sub-section (1) or to place thetenant in occupation of the premises, he shall, without prejudiceto his liability to place the tenant in vacant possession of thepremises on conviction, be punishable with imprisonment fora term which may extend to three months or with fine which

may extend to five 'thousand rupees or with both,;

Recoveryof 22. (1) Where any landlord intends to let any premises orpossessionin any part thereof belonging to him to his employee such

case of tenancy '. ' .createdduringlandlord and the employee may eI;1ter into an agreement Inserviceperio'cLwriting to create a service tenancy in respect of the said

premises or any part thereof; and notwithstanding anythingcontained in this Act, the tenancy so created shall remain inforce during the period of service or employment of the tenantwith the landlord.

, (2) After the creation of the service tenancy under sub-section (1), if the tenant ceases to be in the service oremployment of the said landlord either by retirement,resignation, termination of service, death or for any otherreason, the tenant or any other person residing with him orclaiming under him fails to vacate such premises or any partthereof immediately, then, notwithstanding anything containedin this Act or in any other law for the time being in force, the

~2000: Mah. XVIll]II

The Maharashtra Rent Control Act, 1999 25

Competent Authority shall, if it is satisfied, on an applicationmade to it in this behalf -by such landlord within thirty days,make an order that the tenant or any such person as aforesaidshall place the landlord in vacant posession of such premisesor part thereof; and on their refusal or failure to do so theCompetent Authority may proceed to take action undersection 45 :

Provided that, the Competent Authority may entertain anapplication under this sub.section after the expiry of the saidperiod, if it is satisfied that the applicant was prevented bysufficient cause from making the application in time:

Provided further that, where the tenant is a workman or anemplpyee whose services are terminated and a dispute inrespect of such termination is pending before a'tribunal, Courtor any othef competent authority, the order for a eviction shallnot be passed until such tribunal, court or authority, under therelevant law, finally upholds the order of such termination.

Explanation.-For the purposes of this section, theexpression "landlord" shall not include, in respect of sub-tenant, a tenant who has sub-let any premises, or in respectof a deemed tenant, a tenant at whose instance the deemedtenant has come in occupation of any premises.

CHAPTER V

SPECIAL PROVISIONS FOR RECOVERY OF POSSESSION IN CERTAIN CASES

4

23. (1) Notwithstanding anything to the contrary Membersofcontained in this Act or any contract - annedforces, of the Union,

(A) a landlord, who,- scientistsor(i) is a member of armed forces of the Union, or was their,. successor-In-

such a member and has retired as such (which term shall interest

include premature retirement), or entitledto

(ii) holds a scientific post in the Department of Atomic ~~S~~:;ionofEnergy of the Central Government or in any of its aided premises.institution (hereinafter in this section referred to as "a rh

equirCd for. ' t elr

scientist"), or was such a scientist and has retired ;1Ssuch occupation.(which term shall include premature retirement), and 'Oneyear has not elapsed since his retirement on the dat~ ofmaking of the application, or

(iii) is an employee of the Government of India,Government of any State or Union Territory, PublicSector Undertaking of the Government of India or of anyState Government (hereinafter referred to as "a

,.,

26

I

I.

I

The Maharashtra Rent Control Act, 1999 [2000 : Mah.

,

Government servant"), and has retired as such (whichterm shall include premature retirement) and one yearhas not elapsed since his retirement on the date of theapplication,

shall be entitled to recover from his tenant the possessionof any premises owned by him on the ground that such

',premises are bona fide. required by him for occupation byhimself or by any member of his family, by making anappiication for the purpose of recovery of possession of thepremises, to the Competent Authority; and the CompetentAuthority shall make an order of eviction on that groundif ...L, ,

(a) in the case of landlord who is a member of the armedforces of the Union, he produces a certificate signed by theauthorised officer to the effect that,-

(i) he is a member of the armed forces of the Union, orthat he was such a member and has retired as such, and

(ii) he does not possess. any other premises suitable forresidence in the local area where the premises aresituated; or(b) in the case of a landlord who is scientist, he produces

a certificate signed by an officer of the Department ofAtomic Energy of, or above, the rank of Deputy Secretaryto Government to the effect that,-

(i) he is presently holding a scientific post in theDepartment of Atomic Energy or in any of its aidedinstitutions specified in the certificate qr he was holdingsuch post and has' now retired with effect from the datespecified in the certificate; and

(ii) he does not possess any other suitable residence(excluding any residential accommodation provided byGovernment) in the local area where the premises aresituated; or(c) in the case oLa Government servant, he produces a

certificate signed by the Head of Department or the Headof the office, or the Chief Executive of the Public SectorUndertaking, by whatever ,designation called, to the effectthat,- .'

(i) he is presently holding the post in that Department,office or Public Sector Undertaking or he was holdingsu~h post and has now retired with effect from the date.specified in the certificate; and

(ii) he does not possess any other suitable residence(excluding any residential accommodation provided by

""

2000 : Moo. XVITI] The Maharashtra Rent Control Act, 1999 27

Government or Public Sector Undertaking) in the localarea where the premises are situated;

(B) a successor-in-interest who becomes the landlord of the

premises owned by any landlord referred to in clause (A), asa result of death of such a landlord while in service or wherehe is a member of the armed forces of the Union, within fiveyears of his retirement, or where he is a scientist, or aGovernment servant, within one year of his retirement, shallbe entitled to recover possession of such premises on theground that such premises are bona fide required for occupationby the successor-in-interest himself or by any member of thefamily of the deceased landlord, by making an application forthe purpose of recovery of possession of the premises, to theCompetent, Authority; and the Competent Authority shallmake an order of eviction on that ground if,--

(a) in the case of the successor-in-interest of a member

of the armed forces of the Union, he produces a certificatesigned by the authorised officer to the effect that,-

(i) a successor-in-interest is a widow or any othermember of the family of the deceased member of thearmed forces of the Union, who died while in service onthe date specified in the certificate (or of a member of thearmed forces of the Union who has retired and who died

within five years of his retirement on the date specified'in the certificate); and

(ii) such a successor-in-interest does not possess anyother premises suitable for residence in the local areawhere such premises are situated; or

(b) in the case of a successor-in-interest of a scientist, heproduces a certificate signed by an officer of the Departmentof Atomic Energy of, or above, the rank of Deputy Secretaryto Government, to the effect that,-

(i) the successor-in-interest is a widow or any othermember of the family of the deceased scientist who diedwhile in service on the date specified in the certificate. (orof a scientist who has retired and who died within one

year of his retirement on the date specified in thecertificate);

(ii) such successor-in-interest does not possess anyother suitable residence (excluding any residentialaccommodation provided by Government) in the localarea where such premises are situated; or

28

....

The Maharashtra Rent Control Act, 1999 [2000 (Mah. jI

(c) in the case of a successor-in-interest of a Government

servant, he produces a certificate signed by the head of his'D~partment, Head of the office, or the Chief Executive, bywhatever designation called, of the Public Sector Under-'taking, to the effect that,-

(i) the successor-in-interest.is a widow or any other, ,member of the family of the deceased Government servant,who died while in s,ervice on the date specified in .thecertificate (or of a Government servant who has retiredand who died within one year of his retirement on thedate specified in the certificate); and

(ii) such successor-in-interest does not possess anyother suitable residence (excluding any residential.accommodation provided by Government, or the PublicSector Undertaking) in the local area where such premisesare situated.

(2) Any certificate granted under sub-section (1) shall beconclusive evidence of the facts stated therein.

I, I

I

I

I

Explarz,ation.-For the purposes of this section,-

(1) " authorised officer ", in relation to a member of the

armed forces of the Union, means the commanding fficeror head of services, including ,-

(i) in the case of an officer retired from the Army, theArea Commander, ~'

(ii) in the case of an officer retired from the Navy, theFlag Officer Co:r1llnand-in-Chief Naval Command, and

(iii) in the case of an officer retired from the' Air Force,the Statim} Commander;

(2) " member of the family." means any or"the followingmembers of the family of a member of the armed forces ofthe Union, or a scientist, or a Government servant, as thecase may be, who is ordinarily residing with him and whois dependent on him and where member of the armed forcesof thy Union or a scientist or a Government servant hasretired or died, any member of his family who is so residing

or dependent at the time of his retirement, or as !he casemay be, death, namely :- '. .

spouse, father, mother, son, daughter, grand-son, grand-daughter, son's wife, grand-son's wife, widow ofpredeceased son or grandson;

2000 : Mah. xvIll] The Maharashtra Rent Control Act, 1999 29

(3) " successo.r-in-interest" means,-(i) if the deceased landlo.rd has a spo.use living at the time

o.f his death, spo.use, and(ii) in any o.ther case, any o.ther member o.f his family.

Explanation.-A landlo.rd o.r his successo.r-in-interest byinheritance o.r o.therwise shall no.t be entitled to. reco.verpo.ssessio.n under this sectio.n fro.m the tenant o.r his successo.r-in-interest by transmissio.n, where the landlo.rd has acquiredthe pro.perty by purchase, gift, exchange o.r o.therwise (butexcluding acquisitio.n by inheritance o.r successio.n o.r in thecase o.f premises in a Co.-o.perative Ho.using So.ciety, byacquisitio.n o.f a share o.r right and interest in such premisesby no.minatio.n), and where at the time o.f acquisitio.n, bypurchase, gift, exchange o.r o.therwise the premises had beenin the o.ccupatio.n o.f the tenant o.r his predecesso.r-in-interestfro.m who.m the tenancy has .been transmitted andno.twithstanding anything co.ntained in any judgement, decreeo.r o.rder o.f the co.urt o.r anything co.ntained in this Act o.r inany o.ther law fo.r the time being in fo.rce, the pro.visio.ns o.f thisexplanatio.n shall always be deemed to. have applied to. sucha case, and the landlo.rd shall no.t be entitled to. reco.verpo.ssessio.n in any such case;

(4) "aided institutio.n" means the Tata Institutio.n o.fFundamental Research, and the Tata Memo.rial Centre, andalso. any o.ther institutio.n which may be declared, fro.m timeto. time, by the State Go.vernment in co.nsultatio.n with theDepartment o.f Ato.mic Energy, to. be aided institutio.n fo.r thepurpo.ses o.f this sectio.n.

24. (1) No.twithstanding anything co.ntained in this Act, LandlordI

' , , t'

f' ,

t entitled toa Icensee, In Po.ssessIOn o.r o.ccupa IOn 0. PremIses O'1ven 0. 0b~ ree verhim o.n licence fo.r residence shall deliver po.ssessio.n o.f such possessionofpremises to. the landlo.rd o.n expiry o.f the perio.d o.flicence; and p:cmiseso.n the failure o.f the licensee to. so. deliver the po.ssessio.n o.f ~~::~:nthe licensed premises, a landlo.rd shall be entitled to. reco.ver expiry.po.ssessio.n o.f such premises fro.m a licensee, o.n the expiry o.fthe perio.d o.flicence, by making an applicatio.n to. the Co.mpetentAuthority, and the Co.mpetent Autho.rity, o.n being satisfiedthat the perio.d of licence has expired, shall pass an o.rder fo.revictio.n o.f a licensee.

(2) Any licensee who. do.es no.t deliver po.ssession of thepremises to. the landlord o.n expiry o.f the perio.d o.f licence and

~ co.ntinues to. be in po.ssessio.n 0.( the licensed premises till heH 4272-5 '.

30 The Maharashtra Rent Control Act, 1999 [2000:Mah.xvm

is dispossessed by the Competent AutQority shall be liable topay damages at, double the rate of the licence fee or chargeof 'the. premises fixed under the agreem~nt of licence,

(3) The gompetent Authority shall not entertain any claimof whatever nature from any oth~r person who.is not a licenseeaccordlhg to th~ agreement of licence,

Explanation.~For the purposes of this section,-I (a) the expressioll{" landlord" includes a successor-in-

interest who becomes the landlord of the premises as aresult of death of such landlord; but does not include atenant or a sub-tenant who has given premises on licence;

(b) an agreement of licence-in writing shall be conclusiveevidence' of the fact stated; therein.

CHAPTER VIPROVISIONS REGARDING SUB-TENANCIESAND OTHER MATTERS

CONCERNINGTENANCIES

25. When ~the interest" of a tenant of any premises isdetermined for any reason, any sub-tenant to whom thepremises or any 'part thereof have been lawfully sub-let andsuch sub-tenancy is subsisting on the Hate of commencementof this Act or where sub-tenency is permitted by a contractbetween the, landlord and the tenant; ,such sub-tenant shall,subject to the, p~ovisions of,this Act, be deemed to become thetenant of his landlord on the same terms and conditions as hewould have held frQmthe tenant 'if the tenancy had continued.

Inabsenceof 26. Notwithstanding anything contained in any law for thecontract tenantt

'b

' .fi b t b

' t"

t"

t t th tnotto sub-let 1me e1ng In orce u su ~ect 0 any con rac 0 e con raryor transfer Of, it shall not be lawful for any tenant to sub~let or:give on licence

giveonJicence.the whole or any p~I'1iofthe r>reinises l~~ to him, or to assignor tr~nsfer in any pther mariner his interest therein:

Provided that, the' State Government may by notification inthe Official Gazette, permit iIi any area the transfer of interestin premises held under such leases or class' of .leases anypremises of.,class of premises other than those let for business,trade' or storage to such extent as may be specified in thenotification,

Gst

tate 27. (1) On the 7th De'cember 1996, that is the date of coming M hovernmen or a .Governmentinto force of the Bombay Rents, Hotel and Lodging House XVIof

allottee toR t C t I B b L d R

"t

'd B b 1997becometenantof a es on ro, om ay an equ1s1 Ion an om ay .

. yremdises Government Premises (Eviction) (Amendment) Act, 1996

reqUlSItlOne or(h

"

f' h

' ,fi d " h

'

d d ")continuedunder ere1na ter In t IS sectIOn re erre< to as t e Sal ate,,--requisition. : .

Certain sub-tenants to

becometenants on

determination

of tenancy.

2000 :Mah. xvIll] The Maharashtra Rent Control Act, 1999 31

BornXXXIII

of1948.

(a) the State Government, in respect of the premisesrequisitioned or continued under requisition and allotted toa Government allottee referred to in sub-clause (a) ofclause (2) of section 7 ; and

(b) the Government allottee, in respect of the premisesrequisitioned or continued under requisition and allotted tohim as referred to in sub-clause (b) of clause (2) of section7, shall, notwithstanding anything contained in this Act, orin the Bombay Land Requisition Act, 1948, or in any otherlaw for the time being in force, or in any contract, or in anyjudgement, decree or order of any court passed on or afterthe 11th June 1996, or in any order of eviction issued by theCompetent Authority, or by the Appellate Authority, underthe Bombay Land Requisition Act, 1948, be-deemed to havebec9me, for the purposes of this Act, the teI;1.antof thelandlord; and such premises shall be deemed tb have beenlet by the landlord to the State Government or, as the casemay be, to such Government allottee, on payment of rentand permitted increases equal to the amount of compensationpayable in respect of the premises immediately before thesaid date.

(2) Save as otherwise provided in this section or any otherprovisions of this Act, nothing in this section shall affect,-

(a) the rights of the landlord including his right torecover possession of the premises from such tenant on any(II the ~(lunds mentioned in section 16 or in any othersection;

(b) the right of the landlord or such tenant to apply to thecourt for the fixation of standard rent and permittedincreases under this Act, by reason only of the fact that theamount of the rent and permitted increases, if any, to bepaid by such tenant to the landlord is determined undersub-section (1); .

(c) the operation and the application of the other relevantprovisions of this Act in respect of such tenancy.28. The landlord shall be entitled to inspect the premises

let or given on-licence, at a reasonable time after giving priornotice to the tenant, licensee or occupier.

29. (1) No landlord, either himself or through any personacting or purporting to act on his behalf, shall, without j~stor sufficient cause, cut-off or withhold any essential supplyor service enjoyed by the tenant in respect of the premiseslet to him.

H4272-5a

Inspection ofpremises.

Landlord not tocut, off orwithhold

essential supplyor service.

32 The Maharashtra ~ent Control Act, 1999 [2000:Mah.xvm

(2) A tenant in occupation of the premises may, if thelandlord has contravened the provisions of sub-section (1),make an application to the court for a direction to restore suchs~pply or service.

-(3) Having regard to the circumstances of a particular casethe court may, if it is satisfied that it is necessary to make aninterim order, make such order directing the landlord torestore the essential supply or service before the date specifiedin I such order, before giving notice to the landlord of theenquiry to be made in the application unde! sub-section (3) orduring the pendency of such enquiry. On the failure of thelandlord to - comply with such interim order of the court, thelandlord shall be liable to the same penalty as is provided forin sub-section (4).

(4) If the court on iI\quiry finds that the tenant has beenin enjoyment of the essential supply or service and that it wascut-off or withheld by the landlord without just or sufficientcause, the court shall make an order directing the landlord torestore such supply or s~rvice before a date to be specified inthe order. Any landlord who fails to restore the supply orservice before the date so specified, shall, for each day duringwhich the default continues thereafter, be liable upon furtherdirections by the court, to that effect, to fine which may extendto one hundred rupees.

(5) Any landlord, who contravences, the provisions of sub-section (1), shall, on conviction, be punishable withimprisonment for a term which may extend to three monthsor with fine which may extend to one thousand rupees or withboth.

(6) An application under this section may be made jointlyby all or any of the tenants of the premises situated in thesame building.

ExjJlanation.-ln this section,-

(a) essential supply or service includes supply of water,electricity, lights in passages and on stair-cases, lifts andconservancy or sanitary service;

(b) withholding any essential supply or service shallinclude acts or omissions attributable to the landlord onaccount of which the essential supply or service is' cut-offby the municipal authority or any other competent authority.

2000:Mah.xvm] The Maharashtra Rent Control Act, 1999 33

(7) Without prejudice to the provisions of sub-sections (1)to (6) or any other law for the time being in force, where thetenant,-

(a) who has been in enjoyment of any essential supply orservice and the landlord has withheld the same, or

(b) who desires to have, at his own cost, any otheressential supply or service for the premises in his occupation,

the tenant may apply to the Municipal or any other authorityauthorised in this behalf, for the permission or for supply ofthe essential service and it shall be lawful for that authorityto grant permission for, supply of such essential supply orservice applied for without insisting on production of a 'NoObjection Certificate' from the landlord by such tenant.

30. (1) A landlord shall not use or permit to be used for a Conversionofcommercial purpose any premises which, on the date of the residenti~intocommencement of this Act, were used.for a residential purpose. :=Clal

(2) Any landlord who contravenes the provisions of sub- prohibited.section (1) shall, on conviction, be punishable withimprisonment for a term which may extend to six months orwith fine which may extend to ten thousand rupees or withboth.

31. (1) Every landlord shall give a written receipt for any Givingreceiptamount at the time when such amount is received by him in for~nyamount

t f..

h , d.

hreceived

respec 0 any premIses III suc orm an In suc manner as compulsory.may be prescribed.

(2) Every landlord shall, without charging any consideration,issue the rent receipt in respect of the premises let out to thedeceased tenant in the name of the family member referredto in sub-clause (d) of clause (15) of section 7.

(3) Any landlord or person who fails to give a writtenreceiept for any amount received by. him in respect of anypremises shall, on conviction, be punishable with fine which

may extend to one hundred rupees for each day of, ,default.32. (1) Notwithstanding anything contained in any law for Recoveryof

the time being in force or any contract, custom or local usage rent a.ccordingh bl b h h rt . to Bntlshto t e contrary, rent paya e y t e mont or year or ,po, IOn Calendar.

of a year shall be recovered according to the British Calendar.

(2) The State Government may prescribe the manner/inwhich rent recoverable according to any other calendar beforethe coming into operation of this. Act shall be calculated and

.charged in terms of the British Calendar.

CHAPTER VII

~ . 1

[2000:Mah.xvnrI

1

J

34 The Maharashtra Rent Control Act, 1999

PROVISIONS REGARDING JURISDICTioN OF COURTS, SUITS, APPEALS,

, PRACTICE AND PROCEDURE.

Jurisdiction of 33. (1) Notwithstanding anything contained in any law forcourts. t~e time being in force,but,subject to the prqvisions7ofChapter

VIII, and notwithstanding that by reason of the amount of theclaim, or for any other reason, the suit or proceeding would

I not, but for this provision, be wIthin its jurisdiction,- 1(a) in Brihan-Mumbai, the Court of Small Causes, Mumbai, I

(b) in any area for which a Court of Small Causes is

Iestab

.lished under, t

.

he Provincial Small Causes Courts Act, IXof. 1887

1887, such court, and

(c) elsewhere, the court of the Civil Judge (JuniorDivision) having jurisdiction in the area in which thepremises are situate .or, if there is no ;such Civil Judge, thecourt of the Civil,Judge (Senior Divisign) having ordinaryjurisdiction,

r,

shall have jurisdiCtion to entertain and try any suit orproceeding between a landlord aria. a tenant relating to therecovery of rent or possession of any premises and to decideany application made under this Act (other than theapplications which are ,to be decided by the State Governmentor an officer authorised by it or the Competent Authority) andsubject to the provisions of sub-section (2), no other court shallhave jurisdiction to entertain any such suit, proceeding, orapplication or to deal with such claim or question.

(2) (a) Notwithstanding anything contained in clause (b) ofsub-section (1), the District Court may at any stage withdraw

any such suit, .proceeding or application pending in a Court Iof Small Causes established for any area under the Provincial IXof)Small Causes Courts Act, 1887, and transfer the same for trial 1887,1or disposal to the Court of the Civil Judge (Senior Division)having ordinary jurisdiction in. such area;.

(b) where any suit, proceeding or application has beenwithdrawn under clause (a), the Court of the Civil Judge(Senior Division) which thereafter tries such suit, proceeding'or application, as the case may be, may either retry it orproceed from the stage at which it was withdrawn;

(c) The Court of the Civil Judge trying any suit, proceedingor application, withdrawn under clause (a) from the Court of

.1J

:2000 : Mah. xvIll] The Maharashtra Rent Control Act, 1999 35

Vof1908.

Small Causes, shall, for purposes of such suit, proceeding orapplication, as the case may be, be deemed to be the Court ofSmall Causes.

34. (1) Notwithstanding anything contained in any law Appeal.for the time being in force, an appeal shall lie,-

(a) in Brihan Mumbai from a decree or order made by theCourt of Small Causes, Mumbai exercising jurisdictionunder section 33, to a bench of two judges of the said Courtwhich shall not include the Judge who made such decree ororder;

(b) elsewhere, from a decree or order made by a Judgeof the Court of Small Causes established under the Provincial

Small Causes COUFtsAct, 1887, or by the Court of the CivilJudge deemed to be the Court of Small Causes under clause(c) of sub-section (2) of section 33 or by a Civil Judgeexercising such jurisdiction, to the District Court:

Provided that no such appeal shall lie from-(a) a decree or order made in any suit or proceeding

in respect of which no appeal lies under the Code of CivilProcedure, 1908;

(b) a decree or order made in any suit or proceeding(other than a suit or proceeding relating to possession)in which the plaintiff seeks to recover rent in respect ofany premises and amount or value of the subject -matterof which does not exceed- .

(i) where such suit or proceeding is instituted inBrihan Mumbai, Rs. 10,000; and

(ii) where such suit or proceeding is institutedelsewhere, the amount upto which the Judge or Courtspecified in clause (b) is invested with jurisdiction ofa Court of Small Causes, under any law for the timebeing in force;

(c) an order made upon an application for fixing thestandard rent or for determining the permitted ,increasesin respect of any premises except in a suit or proceeding inwhich an appeal lies;

(d) an order made upon an application by a tenant for adirection to restore any essential supply or service inrespect of the premises let to him.

(2) Every appeal under sub-section (1) shall be made withinthirty days from the date of the decree or order, as the casemaybe:

IX of1887.

36 The Maharashtra Rent Control Act, 1999 [2000 : Mah. xvm I

Provided that, in computing the period of limitationprescribed by this sub-section the provisions contained insec~ions 4, 5 and 12 of the Limitation Act, 1963 shall, so far XXVI. fas may be, apply. ~963.

(3) No further appeal shall lie against any decision in appealunder sub-section (1).

(4) Where no appeal lies under this section from a decreeor order in any suit or proceeding in Brihan Mumbai, thebench of two Judges specified in clause (a) of sub-section (1)and elsewhere, the District Court may, for the purpose ofsatisfying 'itself that the decree or order made was accordingto law, call for the case in which such decree or order wasmade and' the bench or court aforesaid or the District Judgeor any Judge to whom the case may be referred by the DistrictJudge, shall pass such order with respect thereto as it or hethinks fit.

35. Nothing contained in sections 33 and 34 shall bedeemed to bar a party t,oa suit, proc;eedingor appeal mentionedtherein in which a question of title to premises arises and isdetermined from suing in a competent court to establish, histitle to such premises.

C~mpensation36. If the court finds that any suit, proceeding or applicationI;:::=~;:instituted or made before it is not instituted, or made,

whicharenot bonafide or is false, frivolous or vexatious, the coJIrt may, afterbonafid~orare hearing the plaintiff or applicant and for reasons to befalse, fnvolous

orvexalious.recorded, order that compensation, not exceeding two thousandrupees, be paid by such plaintiff or applicant to the defendantor opponent, as the case may be.

Saving of suitinvolving title.

Procedure of 37. The Courts specified in sections 33 and 34 shall followcourts. the prescribed procedure in trying and hearing suits,

proceedings, applications and appeals and in executing ordersmade by them.

Timelimitfor 38. Notwithstanding anything contained in this Act or indisposal'

tof any other law for the time bein g in force-SUI s,proceedingsor (a) a suit or proceeding under this Act shall be heard

appeals. and disposed of as expeditiously as possible and endeavourshall be made to dispose of the case, as far as may bepracticable, within a period of twelve months from the dateof service of summons, or as the case may be, notice on thedefendant;

2000:Mah.xvm] The Maharashtra Rent Control Act, 1999

(b) an appeal against the decree or order made by theCourt, shall be heard and disposed of as expeditiously aspossible and endeavour shall be made to dispose of theappeal, as far as may be practicable, within a period of sixmonths from the date of service of notice of appeal on therespondent.

CHAPTER VIII

SUMMARY DISPOSAL OF CERTAIN APPLICATIONS

37

39. The provisions of this Chapter or any rule made Provisionsofh h '' . . . thisChaptertot ereunder shall ave efiect notwIthstandIng anythIng haveover-

inconsistent therewith contained elsewhere in the Act or in ridingeffect.

any other law for the time being in force.

25 of1961.

40. (1) The State Government may, by notification in theOfficial' Gazette, appoint one or more persons to be calledCompetent Authority for the purpose of exercising the powersconferred, and for performing the duties imposed, on himunder this Act in such local area as may be specified in thesaid notification; and one or more such Competent Authoritiesmay be appointed for one or more such local areas.

(2) A person to be appointed as a Competent Authorityshall be one-

(a) who is holding or has held an office, which in theopinion of the State Government, is not lower in rank thanthat of a Deputy Collector; or

(b) who is holding or has held a post of a Civil Judge,Junior Division; or

(c) who has been for not less than five years an Advocate,enrolled under the Advocates Act, 1961.

41. For the purposes of this Chapter, landlord means alandlord who is,-

(a) a person who has created a !Service tenancy in respectof his premises or a part thereof in favour of his employeeunder section 22;

(b) a member of the armed forces of the UniQn or ascientist or a Government servant or a successor-in-interest,referred to in section 23; or

(c) a person who has given premises on licence for residenceor a successor-in-interest referred to in section 24.

H 4272-6

Appointmentof competentAuthority.

Definition oflandlord for the

purpose ofChapter YIIl.

38 The Maharashtra Rent Control Act, 1999 [2000:Mah.xvm

Special 42. Notwithstanding anything contained in this Act or anyprovisio~forother law for the time being in force or any contract to the

apPlica~on~~contrary or any judgement ~r decree or order of any court,Competentbut'subject to the provisions of section 22 .or 23 or 24, as the

A~~~~;d~~~asema~ pe, a landlord may submit an application toevicttenantor the Competent Authority, signed and verified in a

licensee.manner provided in rules 14 and 15 of Order VI of the FirstSchedule to the Code of Civil Procedure, 1908, as if it were Vofa plaint, to ~he Competent Authority having jurisdiction in the 1908.area in which the premises are situated, for the purpose ofrecovery of possession of the premises from the tenant orlicensee, a:s the case may be.

Special 43. (1) Every appli

2000 : Mah. xvID] The Maharashtra Rent Control Act, 1999 39

days of the service of summons on him as aforesaid, he filesan affidavit stating grounds on which he seeks to contest theapplication for eviction and obtains leave from the CompetentAuthority as hereinafter provided, and in default of hisappearance in pursuance of the summons or his obtaining suchleave, the statement made by the landloz'd in the applicationfor eviction shall be deemed to be admitted by the tenant orthe licensee, as the case may be, and the applicant shall beentitled to an order for eviction on the ground aforesaid.

(b) The Competent Authority shall give to the tenant orlicensee leave to contest the application if the affidavit filedby the tenant or licensee discloses such facts as woulddisentitle the landlord from obtaining an order for the recoveryof possession of th