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Maharashtra Rent Control Act, 1999

22. Recovery of possession in case of tenancy created during service period.

(1) Where any landlord intends to let any premises or any part thereof belonging to him, to his employee, such landlord and the employee may enter into an agreement in writing to create a service tenancy in respect of the said premises or any part thereof; and, notwithstanding anything contained in this Act, the tenancy so created shall remain in force during the period of service or employment of the tenant with the landlord.

(2) After the creation of the service tenancy under sub-section (1), if the tenant ceases to be in the service or employment of the said landlord either by retirement, resignation, termination of service, death or for any other reason, the tenant or any other person residing with him or claiming under him fails to vacate such premises or any part thereof immediately, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the Competent Authority shall, if it is satisfied, on an application made to it in this behalf by such landlord within thirty days, make an order that the tenant or any such person as aforesaid shall place the landlord in vacant possession of such premises or part thereof, and on their refusal or failure to do so the Competent Authority may proceed to take action under section 45:

Provided that, the Competent Authority may entertain an application under this sub-section after the expiry of the said period, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time:

Provided further that, where the tenant is a workman or an employee whose services are terminated and a dispute in respect of such termination is pending before a tribunal, court or any other competent authority, the order for a eviction shall not be passed until such tribunal, court or authority, under the relevant law, finally upholds the order of such termination.

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

Maharashtra Rent Control Act, 1999 Back

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