1371
(b) If 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 has rendered the landlord liable to proceedings for such wrongful user.
(c) If the principal tenant is not in actual occupation of the premises rented by him or a part thereof.
(d) If the landlord proposes forthwith to rebuild or reconstruct the dwelling-house 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.
Provided that the court may adjourn the application for or stay or suspend execution of any such order or postpone the date of possession for such period or periods not exceeding three months and subject to such conditions as it thinks proper:
Provided further that if an order be made for the recovery of possession of a dwelling-house or for the eject- ment of a tenant therefrom in respect of a case falling within paragraph (a), (b), (c) or (d) of this sub-section such order shall apply not only to the principal tenant but also to all occupants of the premises affected:
Provided further that if such order be 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 principal tenant upon terms to be agreed upon between the landlord and the applicant or in case of dispute, by the court.
(6) The foregoing provisions of this section shall not apply to proceedings against a sitting tenant under the Small Tenements Recovery Ordinance, 1897, and any such pro- Ordinance ceedings shall, on the application of the sitting tenant, be discontinued.
a
No. 10 of 1897.
Power to Summary Court to
relating
4. Where a tenant has received from the landlord notice of increase of rent in respect of any dwelling-house to which this Ordinance applies, the tenant, notwithstanding determine anything contained in the Supreme Court (Summary Juris- questions diction) Ordinance, 1873, may apply in a summary way to a to rent in judge in Chambers in the Summary Jurisdiction to decide. Chambers. whether the proposed increase of rent is fair and reasonable, Ordinance and on such application the judge may give such directions 1873. in the matter as he thinks proper. The decision of a judge under this section shall be final as between the landlord and the tenant.
No. 4 of
on issue of
5. Before the issue of any warrant under the Distress Certain for Rent Ordinance, 1883, the Judge or the Registrar, as the restrictions case may be, may require proof to his satisfaction that the distress tenant is unwilling to pay the rent demanded or that such rent warrants. is not excessive.
[ef. Ordin- ance No. 1 of 1883].
to issue certificates
6. (1) In. respect of any dwelling-house to which this Assessor Ordinance applies, a landlord or tenant may apply to the Assessor for a certificate under his hand stating what, in his of fair rent. opinion, is the fair and reasonable rent of such dwelling- house.
No comments yet.
Private notes are available after approval.