Topic: sec 12. Power to vary or cancel leases or allotments of evacuee proper

Power to vary or cancel leases or allotments of evacuee property

(1) Notwithstanding anything contained in any other law for the time being in force the Custodian may cancel any allotment or terminate any lease or amend the terms of any lease or agreement under which any evacuee property is held or occupied by a person, 1[whether such allotment, lease or agreement was granted or entered into before or after the commencement of this Act]:

2[Provided that in the case of any lease granted before the 14th day of August, 1947, the Custodian shall not exercise any of the powers conferred upon him under this sub-section unless he is satisfied that the lessee-

(a) Has sublet, assigned or otherwise parted with the possession of the whole or any part of the property leased to him; or

(b) Has used or is using such property for a purpose other than that for which it was leased to him; 3[or]

3[(c) Has failed to pay rent in accordance with the terms of the lease.]]

4[Explanation. - In this sub-section “lease” includes a lease granted by the Custodian and “agreement” includes an agreement entered into by the Custodian.]

(2) Where by reason of any action taken under sub-section (1), any person has ceased to be entitled to possession of any evacuee property, he shall on demand by the Custodian surrender possession of such property to the Custodian or to any person duly authorized by him in this behalf

(3) If any person fails to surrender possession of any property on demand under sub-section (2), the Custodian may, notwithstanding anything to the contrary contained in any other law for the time being in force, eject such person and take possession of such property in the manner provided in Sec. 9.