(1) Where a landlord who, being a person in occupation of any residential public building is required, by or in pursuance of any general or special order made by the Government or other authority concerned, to vacate such building, or in default, to incur certain obligations, on the ground that the owns, in the same city, municipality, notified are or town area residential building either in his own name or in the name of any member of his family, there shall accrue, on and from the date of such order, to such landlord, a right to recover immediately possession of any building let out by him:
Provided that nothing in this section shall be construed as conferring a right on a landlord owning, in the same city, municipality, notified area or town area, two or more dwelling houses, whether in his own name or in the name of any member of his family, to recover the possession of more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover.
(2) Where the landlord exercises the right of recovery conferred on him by sub-section (1), no compensation shall be payable by him to the tenent or any person claiming through or under him and no claim for such compensation shall be entertained by any court tribunal or other authority:
Provided that where the landlord had received –
(a) any rent in advance from the tenant, he shall within a period of ninety days from the date of recovery of possession of the building by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease;
(b) any other payment form the tenant, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract or agreement, or lease bears to the total period of contract or agreement or lease:
Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of twelve per cent per annum on the amount which he has omitted or failed to refund.