OHRC Act 7

Section 7 · Conditions under which a tenant can be ejected

(1)

A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf.

(2)

If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied -

(i)

that the tenant has not paid or tendered, the rent due from him in respect of the house within thirty days after the expiry of the time fixed in the agreement of the tenancy with the landlord for payment of rent or in the absence of any such agreement by the last day of the month next following that for which the rent is payable; or

(ii)

that the tenant has without the written consent of the landlord-

(a)

transferred his right under the lease or sub-let the entire house or any portion thereof (if the lease does not confer on him any right to do so); or

(b)

used the house for a purpose other than that for which it was let out; or

(iii)

that the tenant has committed such acts of damage as are likely to impair materially the value or utility of the house ; or

(iv)

that the tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or claim is not bona fide,

he shall make an order directing the tenant to put the landlord in possession of the house and if the Controller is not so satisfied, he shall make an order rejecting the application:Provided that in any case falling under clause (i) if the controller is satisfied that the tenant's default to pay or tender rent was not wilful, he may give the tenant a reasonable time not exceeding fifteen days to pay or tender the rent due from him to the landlord up to the date of such payment or tender and on such payment or tender the application shall be rejected.

(3)

When an application is made for the eviction of any tenant on the grounds specified in clause (i) of sub-section (2) the tenant shall remit the arrear rent as admitted by him up to the date of such remittance to the landlord or deposit the same with Controller failing which he shall not be entitled to contest the proceedings.

(4)

The landlord may, subject to the provisions of this Act, apply to the Controller for an order directing the tenant to put him in possession of the house, if he requires the house in good faith for the occupation or use of himself, any member of his family or of any person or persons for whose benefit the house is held by hint.

(5)

Notwithstanding anything contained in section 106 of the Transfer of Property Act, 1882 it shall not be necessary for the landlord to serve a notice for termination of the tenancy on the tenant for the purposes of-proceedings under this section.

(6)

No proceedings, whether for eviction of the tenant or for execution of an order of eviction, instituted under the Orissa House Rent Control Act, 1958 shall be challenged merely on the ground that no such notice as aforesaid had been served on the tenant:before institution of such proceedings;

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