Section 22: Recovery of possession in case of tenancy created during service period

Q: What does Section 22 of The Maharashtra Rent Control Act, 1999 (TMRCA) deal with?

Section 22 TMRCA pertains to "Recovery of possession in case of tenancy created during service period". It is part of the The Maharashtra Rent Control Act, 1999, a legislation enacted by the Parliament of India. Section 22 of The Maharashtra Rent Control Act, 1999 (TMRCA) governs recovery of possession in case of tenancy created during service period. As verified on 19 May 2026.

Q: Is Section 22 TMRCA still in force?

Yes, Section 22 of the The Maharashtra Rent Control Act, 1999 is currently in force across the Republic of India.

Q: What is धारा 22 TMRCA?

धारा 22 TMRCA is the Devanagari Hindi reference for Section 22 of the The Maharashtra Rent Control Act, 1999. Section 22 of The Maharashtra Rent Control Act, 1999 (TMRCA) governs recovery of possession in case of tenancy created during service period. As verified on 19 May 2026.

Q: What is Dhara 22 TMRCA?

Dhara 22 TMRCA is the Roman Hindi reference for Section 22 of the The Maharashtra Rent Control Act, 1999. "Dhara" means "Section" in Hindi. Section 22 of The Maharashtra Rent Control Act, 1999 (TMRCA) governs recovery of possession in case of tenancy created during service period. As verified on 19 May 2026.

Q: How to cite Section 22 of The Maharashtra Rent Control Act, 1999?

Cite as: "Section 22, The Maharashtra Rent Control Act, 1999 (TMRCA)" in legal briefs. For academic writing, use the BlueBook format: The Maharashtra Rent Control Act, 1999, § 22 (India).

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(1)

Where any landlord intends to let any premises or any part thereof belonging to him, to his employee, such landlord and the employee may enter into an agreement in writing to create a service tenancy in respect of the said premises or any part thereof; and, notwithstanding anything contained in this Act, the tenancy so created shall remain in force during the period of service or employment of the tenant with the landlord.

(2)

After the creation of the service tenancy under sub-section (1), if the tenant ceases to be in the service or employment of the said landlord either by retirement, resignation, termination of service, death or for any other reason, the tenant or any other person residing with him or claiming under him fails to vacate such premises or any part thereof immediately, then, notwithstanding anything contained in this Act or in any other law for the time being in force, the Competent Authority shall, if it is satisfied, on an application made to it in this behalf by such landlord within thirty days, make an order that the tenant or any such person as aforesaid shall place the landlord in vacant possession of such premises or part thereof; and on their refusal or failure to do so the Competent Authority may proceed to take action under section 45:

Provided that, the Competent Authority may entertain an application under this sub-section after the expiry of the said period, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time:

Provided further that, where the tenant is a workman or an employee whose services are terminated and a dispute in respect of such termination is pending before a tribunal, court or any other competent authority, the order for a eviction shall ,not be passed until such tribunal, court or authority, under the relevant law, finally upholds the order of such termination.

Explanation. - For the purposes of this section, the expression "landlord " shall not include, in respect of sub-tenant, a tenant who has sub-let any premises, or in respect of a deemed tenant, a tenant at whose instance the deemed tenant has come in occupation of any premises.