(1) A tenant in possession of a building or rented land shall not be evicted therefrom except in accordance with the provisions of this section.
(2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. 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 building or rented land within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement, by the last day of the month next following that for which the rent is payable:
Provided that if the tenant, on the first hearing of the application for ejectment after due service, pays or tenders the arrears of rent and interest at eight per cent per annum on such arrears together with the cost of application assessed by the Controller, the tenant shall be deemed to have duly paid or tendered the rent within the time aforesaid;
(ii) that the tenant has, after the commencement of this Act, without the written consent of the landlord—
(a) transferred his right under the lease or sub-let the entire building or rented land or any part thereof; or
(b) used the building or rented land for a purpose other than that for which it was leased;
(iii) that the tenant has committed such acts as are likely to impair materially the value or utility of the building or rented land;
(iv) that the tenant has been guilty of such acts and conduct as are a nuisance to the occupants of buildings in the neighbourhood;
(v) that where the building is situated in an area other than a hill station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause,
the Controller shall make an order directing the tenant to put the landlord in possession of the building or rented land.
(3) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession—
(a) in the case of a residential building, if—
(i) he requires it for his own occupation, is not occupying another residential building in the urban area concerned and has not vacated such a building without sufficient cause after the commencement of this Act in the said urban area;
(b) in the case of rented land, if he requires it for his own use, is not occupying in the urban area concerned for the purpose of his business any other rented land and has not vacated such land without sufficient cause.
Legal Commentary & Landmark Judgments: Section 13
Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 constitutes the core substantive and procedural charter governing eviction of statutory tenants, strictly delimiting the grounds on which possession may be recovered.
Section 13 is the epicenter of rent control jurisprudence in Haryana. Under the *Rakesh Wadhawan* doctrine, failure of the Controller to frame a provisional rent order constitutes a jurisdictional error vitiating subsequent eviction orders. In personal necessity claims, the landlord is the sole arbiter of their residential requirements, provided the claim is bona fide and not motivated by an ulterior intention to re-let at inflated rents.