Report No. 138

10. Restoration under the Gujarat Act.-

The Gujarat Act in section 18 further contains a provision for the restoration of possession of premises vacated by a tenant, as under:-

"18. Restoration of possession of premises vacated by a tenant.-(1) Where a tenant in occupation of any building in a sum area vacates any building or is evicted therefrom on the ground that it is required for the purpose of executing any work of improvement or for the purpose of re-erection of the building, the tenant may, with in a such time as may be prescribed, file a declaration with the prescribed authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or re-erection of the building as the case may be.

(2) On receipt of such declaration, the prescribed authority shall, by order, require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the work of improvement or re-erection of the building and estimates of the post thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particulars furnished, if any, and having regard to the provisions of sub-section (3) of section 19 and after holding such enquiry as it may think fit, provisionally determine the rent that would be payable by the tenant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1).

(3) The rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the tenant and the owner.

(4) If the tenant, after the receipt of such communication, intimates in writing to the prescribed authority within such time as may be prescribed authority within such time as may be prescribed that when he is replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1), he would pay to the owner, until the rent is finally determined under section 19, the rent provisionally determined under sub-section (2), the prescribed authority shall direct the owner to replace the tenant in occupation of the building after completion of the work of improvement or re-erection of the building, as the case may be, and the owner shall be bound to comply with such direction."