law: Maharashtra Rent Control Act, 1999 
  16. When landlord may recover possession. 
  (1) Notwithstanding anything contained in this
  
  Act but subject to the provisions of section 25, a landlord shall be entitled
  
  to recover possession of any premises if the court is satisfied-
  (a) that the tenant
  
  has committed any act contrary to the provisions of  clause (o) of section
  
  108 of the Transfer of Property Act, 1882;
  Explanation.- For the purposes of
  
  this clause, replacing of tiles or closing of balcony of the premises shall not
  
  be regarded as an act of a causing damage to the building or destructive or permanently
  
  injurious thereto; or
  (b) that the tenant
  
  has, without the landlord's consent given in writing,  erected on the
  
  premises any permanent structure;
  Explanation.- For the purposes of
  
  this clause, the expression "permanent structure" does not include
  
  the carrying out of any work with the permission, wherever necessary, of the
  
  municipal authority, for providing a wooden partition, standing cooking
  
  platform in kitchen, door, lattice work or opening of a window necessary for
  
  ventilation, a false ceiling, installation of air-conditioner, an exhaust
  
  outlet or a smoke chimney; or
  (c) that the tenant,
  
  his agent, servant, persons inducted by tenant or claiming under the tenant or,
  
  any person residing with the tenant has been guilty of conduct which is a
  
  nuisance or annoyance to the adjoining or neighboring occupier, or has been
  
  convicted of using the premises or allowing the premises to be used for immoral
  
  or illegal purposes or that the tenant has in respect of the premises been
  
  convicted of an offence of contravention of any of the provisions of clause (a)
  
  of sub-section (1) of section 394 or of section 394A of the Mumbai Municipal
  
  Corporation Act, or of sub-section (1) or of section 376 or of section 376A of
  
  the Bombay Provincial Municipal Corporations Act, 1949, or of section 229 of
  
  the City of Nagpur Municipal Corporation Act, 1948; or of section 280 or of
  
  section 281 of the Maharashtra Municipal Councils, Nagar Panchayats and
  
  Industrial Townships Act, 1965; or
  (d) that the tenant
  
  has given notice to quit and in consequence of that notice, 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 of the premises; or 
  (e) that the tenant 
  
  has,
  (i) on or after the
  
  1st day of February 1973, in the areas to which the Bombay Rents, Hotel and
  
  Lodging House Rates Control Act, 1947 applied; or
  (ii) on or after the
  
  commencement of this Act, in the Vidarbha and Marathwada, areas of the State,
  
  unlawfully sub-let or given on license, the whole or part of the premises or
  
  assigned or transferred in any other manner his interest therein; or
  (f) that the premises
  
  were let to the tenant for use as a residence by reason of his being in the
  
  service or employment of the landlord, and that the tenant has ceased, whether
  
  before or after commencement of this Act, to be in such service or employment;
  
  or
  (g) that the premises
  
  are reasonably and bona fide required by the landlord for occupation by himself
  
  or by any person for whose benefit the premises are held or where the landlord
  
  is a trustee of a public charitable trust that the premises are required for
  
  occupation for the purposes of the trust; or
  (h) that the premises
  
  are reasonably and bona fide required by the landlord for carrying out repairs
  
  which cannot be carried out without the premises being vacated; or
  (i) that the premises
  
  are reasonably and bona fide required by the landlord for the immediate purpose
  
  of demolishing them and such demolition is to be made for the purpose of
  
  erecting new building on the premises sought to be demolished; or
  (j) that the premises 
  
  let consist of a tenement or tenements on the terrace of a building such 
  
  tenement or tenements being only in part of the total area of the terrace, and 
  
  that the premises or any part thereof are required by the landlord for the 
  
  purpose of the demolition thereof and erection or raising of a floor or floors 
  
  on such terrace
  Explanation.- For the purposes of
  
  this clause, if the premises let include the terrace or part thereof, or
  
  garages, servants quarters or out-houses (which are not on the terrace), or all
  
  or any one or more of them, this clause shall nevertheless apply; or
  (k) that the premises
  
  are required for the immediate purpose of demolition ordered by any municipal
  
  authority or other competent authority; or
  (l) that where the
  
  premises are land in the nature of garden or grounds appurtenant to a building
  
  or part of a building, such land is required by the landlord for the erection
  
  of a new building which a municipal authority has approved or permitted him to
  
  build thereon; or
  (m) that the rent
  
  charged by the tenant for the premises or any part thereof which are sub-let is
  
  in excess of the standard rent and permitted increases in respect of such
  
  premises or part or that the tenant has received any fine, premium other like
  
  sum of consideration in respect of such premises or part; or
  (n) that the premises
  
  have not been used without reasonable cause for the purpose for which they were
  
  let for a continuous period of six months immediately preceding the date of the
  
  suit.
  (2) No decree for eviction shall be passed on
  
  the ground specified in clause (g) of sub-section (1), if the court is satisfied
  
  that, having regard to all the circumstances of the case including the question
  
  whether other reasonable accommodation is available for the landlord or the
  
  tenant, greater hardship would be caused by passing the decree than by refusing
  
  to pass it.
  Where the court is satisfied that no hardship
  
  would be caused either to the tenant or to the landlord by passing the decree
  
  in respect of a part of the premises, the court shall pass the decree in
  
  respect of such part only.
  Explanation.- For the purposes of
  
  clause (g) of sub-section (1), the expression "landlord" shall not
  
  include a rent-farmer or rent-collector or estate-manager.
  (3) A landlord shall not be entitled to
  
  recover possession of any premises under the provisions of clause (g) of
  
  sub-section (1), if the premises are let to the Central Government in a
  
  cantonment area, and such premises are being used for residence by members of
  
  the armed forces of the Union. or their families.
  (4) The court may pass the decree on the
  
  ground specified in clause (h) or (i) of sub- section (1) only in respect of a
  
  part of the premises which in its opinion it is necessary to vacate for
  
  carrying out the work of repair or erection.
  (5) Notwithstanding anything contained in any
  
  other law for the time being in force, an assignment of a decree for eviction
  
  obtained on the grounds specified in clauses (g), (h), (i) and (j) of
  
  sub-section (1) shall be unlawful.
  (6) No decree for eviction shall be passed on
  
  the ground specified in clause (i) or (j) of sub-section (1), unless the court
  
  is satisfied-
  (a) that the necessary
  
  funds for the purpose of the erection of new building or for erecting or
  
  raising of a new floor or floors on the terrace are available with the
  
  landlord,
  (b) that the plans and
  
  estimates for the new building or new floor or floors have been properly
  
  prepared;
  (c) that the new
  
  building or new floor or floors to be erected by the landlord shall, subject to
  
  the provisions of any rules, bye-laws or regulations made by municipal authority
  
  contain residential tenements not less than the number of existing tenements
  
  which are sought to be demolished;
  (d) that the landlord
  
  has given an undertaking.-
  (i) that the plans and
  
  estimates for the new building or new floor or floors to be erected by the
  
  landlord include premises for each tenant with carpet area equivalent to the
  
  area of the premises in his occupation in the building sought to be demolished
  
  subject to a variation of five per cent in area;
  (ii) that the premises
  
  specified in sub-clause (i) will be offered to the concerned tenant or tenants
  
  in the re-erected building or, as the case may be, on the new floor or floors;
  (iii) that where the
  
  carpet area of premises in the new building or on the new floor or floors is
  
  more than the carpet area specified in sub-clause (i) the landlord shall,
  
  without prejudice to the liability of the landlord under sub-clause (i), obtain
  
  the consent 'in writing' of the tenant or tenants concerned to accept the
  
  premises with larger area; and on the tenant or tenants declining to give such
  
  consent the landlord shall be entitled to put the additional floor area to any
  
  permissible use;
  (iv) that the work of
  
  demolishing the premises shall be commenced by the landlord not later than one
  
  month, and shall be completed not later than three months, from the date he
  
  recovers possession of the entire premises; and
  (v) that the work of
  
  erection of the new building or new floor or floors shall be completed by the
  
  landlord not later than fifteen months from the said date:
  Provided that, where the court is satisfied that 
  
  the work of demolishing the premises could not be commenced or completed, or the 
  
  work of erection of the new building or, as the case may be, the new floor or 
  
  floors could not be completed, within time, for reasons beyond the control of 
  
  the landlord, the court may, by order, for reasons to be recorded. extend the 
  
  period by such further periods, not exceeding three months at a time as may, 
  
  from time to time, be specified by it, so however that the extended period shall 
  
  not exceed twelve months in the aggregate
  (7) Where the possession of premises is
  
  recovered on the ground specified under clause (g), (h), (i) or (j) of
  
  sub-section (1) and the premises are transferred by the landlord, or by operation
  
  of law before the tenant or tenants are placed in occupation, then such
  
  transfer shall be subject to the rights and interests of such tenants.
  (8) For the purposes of clause (m) of
  
  sub-section (1), the standard rent or permitted increase in respect of the part
  
  sub-let. shall be the amounts bearing such proportion to the standard rent or
  
  permitted increases in respect of the premises as may be reasonable having
  
  regard to the extent of the part sub-let and other relevant considerations.
  (9) Notwithstanding anything contained in this
  
  Act, where the premises let to any person include-
  (i) the terrace or
  
  part thereof; or
  (ii) any one or more
  
  of the following structures, that is to say, tower-rooms, sitting-out-rooms,
  
  ornamental structures, architectural features, landings, attics on the terrace
  
  of a building, or one or more rooms of whatsoever description on such terrace
  
  (such room or rooms being in the aggregate of an area not more than one-sixth
  
  of the total area of the terrace); or
  (iii) the terrace or
  
  part thereof and any such structure, and the court is satisfied that the
  
  terrace or structure or terrace including structure, as aforesaid, are required
  
  by the landlord for the purpose of demolition and erection or raising of a
  
  floor or floors on such terrace, the landlord shall be entitled to recover
  
  possession of the terrace including such tower-rooms, sitting-out-rooms,
  
  ornamental structures, architectural features, landings, attics or rooms, the
  
  court may make such reduction, if any, in the rent as it may deem just.
  (10) A suit for eviction on the grounds
  
  specified in clause (h), (i), (i) or (k) of sub-section (1) may be filed by the
  
  landlord jointly against all the tenants occupying the premises sought to be
  
  demolished.