933
whether made before or after the commencement of this Ordinance and whether oral or in writing, an order for the recovery of possession of any premises or for the ejectment of a tenant therefrom shall be made or given only if-
(a) any rent lawfully due from the tenant has not been paid or tendered within a fortnight after demand;
(b) the tenant or any person residing with him or being his sub-tenant has been convicted of using the premises or any part thereof, or allowing the same to be used for an immoral or illegal purpose, or the condition of the premises has, in the opinion of the court, deteriorated owing to acts of waste by or the neglect or default of the tenant or any such person;
(e) the tenant is not in occupation of the premises him- self or by his family or servants or employees;
(d) the landlord proposes forthwith to rebuild or recon- struct the premises and vacant possession is necessary to enable such work to be carried out, provided that the court is satisfied that possession is desired bonâ fide for the purpose of rebuilding or reconstruction and not for the purpose of evading the provisions of this Ordinance;
(e) the tenant has given notice to quit or has agreed in writing to quit, and in consequence of that notice or agree- ment the landlord has contracted to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of the court, be seriously prejudiced if he could not obtain possession:
Provided that if an order be made for the recovery of possession of premises or the ejectment of a tenant there- from in respect of a case falling within paragraph (a), (b), (c), (d) or (e) of this sub-section such order shall apply not only to the tenant but also to all sub-tenants of the premises affected;
(f) the tenant was in the employment of the landlord and the premises were let to him in consequence of that employment and he has ceased to be in that employment:
Provided further that if such order he made in respect of a case falling within paragraph (a), (b) or (c) of this sub- section the sub-tenants may nominate one of their number to apply to the court for his appointment as new tenant upon terms to be agreed upon between the landlord and the applicant or, in the case of default, by the court.
(2) At the time of the application for or the making or giving of any order for the recovery of possession of any such premises or for the ejectment of a tenant therefrom, or in the case of any such order which has been made or given, whether before or after the passing of this Ordinance and not executed at any subsequent time, the court may adjourn the application, or stay or suspend execution on any such order, or postpone the date of possession for a period not exceeding three months, and subject to such conditions (if any) in regard to payment by the tenant of arrears of rent, rent, or mesne profits and otherwise as the court thinks fit, and if such conditions are complied with the court may, if it thinks fit, discharge or rescind any such order.
(3) The foregoing provisions of this section shall not Ordinance apply to proceedings against a tenant under the Small Tenants No. 10 of Recovery Act, 1897, and any such proceedings shall, on the application of the tenant, be discontinued.
1897.