Section 29: Order obtained in bad faith
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
29. Order obtained in bad faith
Where the landlord has obtained a possession order and it is subsequently
made to appear to the Court that—
(a) the order was obtained by misrepresentation or the concealment
of a material fact;
L6 – 13 [Issue 1]
Landlord and Tenant Act
(b) in the case of a possession order under section 26, the landlord
has—
(i) failed to implement the scheme of reconstruction, conversion into business premises or improvement;
(ii) implemented the scheme in a manner prejudicial to the
rights of the former tenant; or
(iii) failed to pay the compensation he agreed or was ordered to
pay,
the Court may, on the application of the former tenant, order the landlord to
pay to him damages which shall not exceed one million rupees.
[S. 29 amended by s. 10 of Act 5 of 2005 w.e.f. 30 May 2005.]
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Questions this section answers
- Can I claim damages if my landlord got an eviction order by lying to the Court?
- What is the most in damages a Court can award if a reconstruction eviction was mishandled?