21. Cutting off or withholding essential supply or service. –
(1) No landlord or tenant either by himself or through any person purporting to act on his behalf shall , without nature that it is a public nuisance or that it causes damage to the premises or is otherwise detrimental to the interests of the landlord;
(d) That the premises were let for use as a residence and –
(i) Neither the tenant nor any member of his family has been residing therein for a period of six months;
(ii) The tenant has not been residing therein, without a reasonable cause for a period of two years, immediately before the date of the filing of the application for the recovery of possession thereof;
Provided that the landlord may, on request in writing of the tenant, permit occupancy of the premises by a person other than the tenant or his family not exceeding the period of tenancy.
Explanation.- For the purposes of this clause and clause (R) , ‘family means parents, spouse, dependent sons and daughters or such other relatives as are ordinarily living with the tenant and are dependant upon him,
(e) That the premises or any part thereof have become unsafe or unfit for human habitation and are required by the landlord for carrying out repairs or reconstruction which cannot be carried out without the premises being vacated.
Provided that no order for the recovery of possession under this clause, clause (g), clause (h) or clause (I) shall be made unless the Rent Authority is satisfied that the plans and estimates of such repairs or re-construction, as the case may be, have been properly prepared and the landlord has the necessary means to carry out the said repairs or re-construction :
Provided further that if the landlord proposes to change the use of the premises after re-construction, then he shall so specify in his application for recovery of possession and, after such reconstruction, the landlord shall, if it is otherwise permissible under law, utilize the built up area equal to the previous area for the original use to the extent required for the purpose of sub section (1) of section 32 and the rest for any other use.
(f) That the premises or any part thereof are required by the landlord for the purpose of immediate demolition ordered by the Government or any local authority or the premises are required by the landlord to carry out any building work at the instance of the Government or a local authority in pursuance of any improvement scheme or development scheme and that such building work cannot be carried out without the premises being vacated.
(g) That the premises or any part thereof are required by the landlord for carrying out any repairs which cannot be carried out without the premises being vacated,
(h) That the premises are required by the landlord for the purpose of building or re building or make thereto any substantial addition or alteration including construction on the terrace or on the appurtenant land and that such building or re-building or addition or alteration cannot be carried out without the premises being vacated.
(i) That the premises consist of not more than two floors and the same are required by the landlord for the purpose of immediate demolition with a view to re-build the same.
Provided that where the building for which such premises or premises possession in respect of which has been recovered under clause (e), clause (f), clause (g) or clause (h) forms a part has been re-built to an extent of less than seventy five percent, a tenant so dispossessed shall have a right to re-entry at the new terms of tenancy in a premises in the re-built building equivalent in are to the original premises for which he was a tenant.
(j) That the tenant, his spouse or a dependent son or daughter ordinarily living with his has, whether before or after the commencement of this Act, built or acquired vacant possession of, or been allotted a residence,
Provided that the Rent Authority may in appropriate cases allow the tenant to vacate the premises within such period as he may permit but not exceeding one year from the date of passing of orders of eviction,
(k) That the premises were let to the tenant for use as a residence by reason of his being in the service of employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this Act, to be in such service or employment.
Provided that no order for the recovery of possession of any premises shall be made on this ground if the Rent Authority is of the opinion that there is any bona fide dispute as to whether the tenant has ceased to be in the service or employment of the landlord.
(l) That the tenant has, whether before or after the commencement of this Act, caused or permitted to be caused substantial damages to or such alteration of the premises as has the effect of changing its identity or diminishing its value.
Explanation.- For the purpose of this clause, “substantial damage” shall mean such damages as shall involve an expenditure equivalent to six months’ rent or more of the premises or such less expenditure as the Rent Authority is satisfied, keeping in view, the special nature of damage, justifies the same to be treated as substantial damage for carrying out the repairs for such damage,
Provided that no order for the recovery of possession of any premises shall be made on the ground specified in this clause, if the tenant, within such time as may be specified in this behalf by the Rent Authority, carries out repairs to the damage caused to the satisfaction of the Rent Authority or pays to the landlord such amount by way of compensation as the Rent Authority may direct.
(m) That the tenant or any person residing with the tenant has been convicted of causing nuisance or annoyance to a person living in the neighborhood of the premises or has been convicted of using or allowing the use of the premises for an immoral or illegal purpose,
(n) That the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Delhi Development Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the premises are situate,
Provided that no order for the recovery of possession of any premises shall be made on this ground if the tenant, within such time as may be specified in this behalf by the Rent Authority, complies with the condition imposed on the landlord by any of the authorities referred to in this clause or pays to the authority imposing such conditions the amount by way of compensation as the Rent Authority may direct.
(o) That the tenant in his reply having denied the ownership of landlord, has failed to prove it or that such denial was not made in a bona fide manner.
(p) That the person in occupation of the premises has failed to prove that he is a bonad fide tenant.
(q) That the tenant after having agreed with or having informed the landlord in writing the date or vacate the premises does not do so on or after the date so agreed or informed.
(r) That the premises left for residential or non residential purpose are required, whether in the same form or after re-construction or re-building, by the landlord for occupation for residential or non-residential purpose for himself or for any member of his family if he is the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person has no other reasonably suitable accommodation.
Provided that where the landlord has acquired the premises by transfer, no application for the recovery of possession of such premises shall lie under this clause unless a period of three years has elapsed from the date of the acquisition;
Provided further that where an order for the recovery of possession of any premises is made on the ground specified in this clause, the landlord shall be entitled to obtain possession thereof on the expiration of a period of six months in the case of residential premises and one year in the case of non-residential premises from the date of passing of eviction order.
Explanation 1. –For the purpose of this clause,- (i) Where the landlord in his application supported by an affidavit submits that the premises are required by him for occupation for himself or for any member of his family dependent on him, the Rent Authority shall presume that the premises are so required.
(ii) Premises let for a particular use may be required by the landlord for a different use if such use in permissible under law.
Explanation II.- For the purpose of this clause or section 23, section 24, section 25 or section 26, an occupation by the landlord of any part of a building of which any premises let out by him forms a part shall not disentitle him to recovery the possession of such premises.
Explanation III.- For the purpose of this clause, ” owner of the premises” includes a person who has been allotted such premises by the Delhi Development Authority or nay other local authority by way of an agreement of hire-purchase lease or sub lease, even before the full ownership rights accrue to such hire-purchaser, lessee or sub-lessee, as the case may be,
(3) In any proceeding for eviction under clause (e0, (f), (g), (h) or ® of sub section (2) or section 24 or section 25 or section 26, the Rent Authority may allow eviction from only a part of the premises if the landlord is agreeable to the same.
Provided that, in case of such part eviction, the rent and other charges payable by the tenant will be decreased in proportion to the part vacated.
(4) No order for the recovery of possession in any proceeding under sub section (2) shall be binding on nay sub-tenant referred to in section29 who has given notice of his sub-tenancy to the landlord under the provision of that section, unless the sub-tenant is made a party to the proceeding and the order for eviction is made binding on him.