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THE DELHI RENT ACT, 1995

Title : THE DELHI RENT ACT, 1995

Year : 1995



(1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court, Tribunal or Rent Authority in favour of the landlord against a tenant save as provided in subsection (2).

(2) The Rent Authority may, on an application made to it in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely:-

(a) That the tenant has neither paid nor tendered the whole of the arrears of the rent and other charges payable for two or more consecutive months legally recoverable from him within two months of the date on which a notice of demand for the arrears of such rent and other charges payable and interest at the rate of fifteen per cent. for the period of default has been served on, him by the landlord in the manner provided in section 106 of the Transfer of Property Act, 1882: (4 of 1882.)

Provided
that a tenant shall not be entitled to the benefit of service of notice by the landlord under this clause where, having obtained
Such benefit once respect of any premises, he again makes a default in the payment of rent and other charges payable in respect of those premises;

(b) That the tenant has, on or after the 9th day of June,1952, sub- let, assigned or otherwise parted with the possession of the whole or any part of the premises without obtaining the consent in writing of the landlord.

Explanation.-For the purpose of this clause, any premises which have been let for being used for the purposes of business or profession shall be deemed to have been sub-let by the tenant, if the Rent Authority is satisfied that the tenant, without obtaining the consent in writing of the landlord, has, after the 16th day of August, 1958, allowed any person to occupy the whole or any part of the premises ostensibly on the ground, that such person is a partner of the tenant in the business or profession but really for the purpose of sub-letting such premises to that person;

(c) That the tenant has used the premises for a purpose other than that for which they were let-

(i) If the premises have been let oft or after the 9th day of June, 1952, without obtaining the consent in writing of the landlord;

(ii) The tenant has not been residing therein, without obtaining his consent:

Provided that no application for the recovery of possession of any premises shall he under this clause unless the landlord has given to the tenant a notice in the prescribed manner requiring him to stop the misuse of the premises and the tenant has refused or failed to comply with such requirement within one month of the date of service of the notice and no order for eviction against the tenant shall be made in such a case, unless the Rent Authority is satisfied that the misuse of the premises is of such nature that it is a public nuisance or that it causes damage to,the premises or is otherwise detrimental to the interests of the landlord;

(d) That the premises were let for use as; a residence and-

(i) Neither the tenant nor any member of his family has been residing therein for a period of six months;

(ii) The tenant has not been residing therein, without a reasonable cause for a period of two years.immediately before the (late of the filing of the application for the recovery of possession thereof :

Provided that the landlord may, on request in writing of the tenant, permit occupancy of the premises by a person other than the tenant or his family not exceeding the period of tenancy.

Explanation.-For the purposes of this clause and clause (r),
"family" means parents, spouse, dependent sons and daughters or such other relatives as are ordinarily living with the tenant and are dependent upon him :

(e) That the premises or any part thereof have become unsafe or unfit for human habitation and are required by the landlord for carrying out repairs or re-construction which cannot be carried out without the premises being vacated:

Provided that no order for the recovery of possession under this clause, clause (g), clause (h) or clause (i) shall be made unless the Rent Authority is satisfied that the plans and estimates of such repairs or re-construction, as the case may be, have been properly prepared and that the landlord has the necessary means to carry out the said repairs or re-construction:

Provided further that if the landlord proposes to change the use of the premises after re-construction, then, he shall so specify in his application for recovery of possession and,after such reconstruction, the landlord shall, if it is otherwise permissible under law, utilize the built up area equal to the previous area for the original use to the extent required for the purpose of sub-section (1) of section,32 and the rest for any other use;

(f) That the premises or any part thereof are required by the land lord for the purpose of immediate demolition ordered by the Government or any local authority or the premises are required by the landlord to carry out any building work at the instance of the Government or a local authority in pursuance of any Improvement scheme or development scheme and that such building work cannot be carried out without the premises being vacated;

(g) That the premises or any part thereof are required by the land lord for carrying out any repairs which cannot be carried out without the premises being vacated;

(h) That the premises are required by the landlord for the purpose of building or re-building or make thereto any substantial addition or alteration including construction on the terrace or on the appurtenant land and that such building or re-building or addition or alteration cannot be carried out without the premises being vacated;

(i) That the premises consist of not more than two floors and the same are required by the landlord for the purpose of immediate demolition with a view to re-build the same.

Provided that where the building of which such premises or premises possession in respect of which has been recovered under clause (e). clause (f), clause (g) or clause (h) forms apart has been re-built to an extent of less than seventy-five per cent., a tenant so dispossessed shall have a right to re-entry at the new terms of tenancy in a premises in the re-built building equivalent in area to the original premises for which he was a tenant;

(j) That the tenant, his spouse or a dependent son or daughter ordinarily living with him has. whether before or after the commencement of this Act, built or acquired vacant possession of, or been allotted a residence:

Provided that the Rent Authority may in appropriate cases allow the tenant to vacate the premises within such period as he may permit but not exceeding one year from the date of passing of orders of eviction;

(k) That the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the land lord, and. that the tenant has ceased, whether before or after the commencement of this Act, to be in such service or employment:

Provided
that no order for the recovery of possession of any premises shall be made on this ground if the Rent Authority is of the opinion that there is any bonafide dispute as to whether the tenant has ceased to be in the service or employment of the land lord;

(l) That the tenant has, whether before or after the commencement of this Act, caused or permitted to be caused substantial damage to or such alteration of the premises as has the effect of changing its identity or diminishing its value.

Explanation
.-For the purposes of this clause, "substantial damage shall mean such damage as shall involve an expenditure equivalent to six months rent or more of the premises or such less expenditure as the Rent Authority is satisfied, keeping in view, the special nature of damage, justifies the same to be treated as substantial damage for carrying out the repairs for such damage:

Provided that no order for the recovery of possession of ally premises, shall be made on the ground specified in this clause, if the tenant, within such time as may be specified in this behalf by the Rent Authority, carries out repairs to the. damage caused to the satisfaction of the Rent Authority or pays to the landlord such amount by way of compensation as the Rent Authority may direct;

(m) That the tenant or any person residing with the tenant has been convicted of causing nuisance or annoyance to a person living in the neigh bourhood of the premises or has been convicted of using or allowing the use of the premises for an immoral or illegal purpose;

(n) That the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Delhi, Development Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the premises are situate:

Provided that no order for the recovery of possession of any premises shall be made on this ground if the tenant, within such time as may be specified in this behalf by the Rent Authority, complies with the condition imposed on the landlord by any of the authorities referred to in this clause or pays to the authority imposing such conditions the, amount by Way of compensation as the Rent Authority may direct;

(o) That the tenant in his reply having denied the ownership of landlord, has failed to prove it or that such denial was not made in a bona fide manner,

(p) That the person in occupation of the premises has failed to prove that he is a bona fide tenant;

(q) That the tenant after having agreed with or having informed the landlord in writing the date to vacate the premises does not do so on or after the date so agreed or informed;

(r) That the premises let for residential or nonresidential purposes are required, whether in the same form or after reconstruction ,or re-building, by the landlord for Occupation for residential or nonresidential purpose for himself or for any member of his family if he is the owner thereof, or for any person for whose benefit the Premises are held and that the landlord or such person has no other reasonably suitable accommodation:

Provided that where the landlord has acquired the premises by transfer, no application for the recovery of possession of such premises shall lie under this clause unless a period of three years has elapsed from the date of the acquisition:

Provided further
that where an order for the recovery of possession of any premises is made on the ground specified in this clause, the landlord shall be entitled to obtain possession thereof on the expiration of a period of six months in the case of residential premises and one year in the case of non-residential premises from the date of passing of eviction order.

Explanation I.-For the purposes of this clause and sections 23 to 26,-

(i) Where the landlord in his application supported by an affidavit submits that the premises are required by him for occupation for himself or for any member of his family dependent on him, the Rent Authority shall presume that the premises are so required;

(ii) Premises let for a particular use may be required by the land lord for a different use if such use is permissible under law.

Explanation II.-For the purposes of this clause or section 23, section 24, section 25 or section 26, an occupation by the landlord of any part of a building of which any premises let out by him forms a part shall not disentile him to recovery the possession of such premises,

Explanation III.-For the purposes of this clause, "owner of the premises" includes a person who has been allotted such premises by the Delhi Development Authority or any other local authority by way of an agreement of hire-purchase, lease or sub-lease, even before the full ownership rights accrue to such hire-purchaser, lessee or sub lessee, as the case may be.

(3) In any proceeding for eviction under clause (e), (f), (g),(h) or (r) of sub-section (2) of section 22 or section 23 or section 24 or section 25 or section 26, the Rent Authority may allow eviction from only a part of the premises if the landlord is agreeable to the same:

Provided
that, in case of such part-eviction, the rent and other charges payable by the tenant will be decreased in proportion to the part vacated.

(4) No order for the recovery of possession in any proceeding under sub-section (2) shall be binding on any sub-tenant referred to in section 29 who has given notice of his sub-tenancy to the landlord under the provision of that section, unless the sub-tenant is made a party to the proceeding and the order for eviction is made binding on him.



(1) Where a person in occupation of any residential premises allotted to him by the Government or any local authority is required by, or in pursuance of, any general or special order made by that Government or authority to vacate such residential accommodation, or in default to incur certain obligations, on the ground that he or his spouse or his dependent son or daughter, as the case may be, owns, in the National Capital Territory of Delhi a residential accommodation, there shall accrue, on and from the date of such order, to such person, his spouse or his dependent son or daughter, as the case may be, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediate possession of any premises let out by him, his spouse or his dependent son or daughter, as the case may be:

Provided that nothing in this section shall be construed as conferring a right on such person, his spouse or his dependent son or daughter, as the case may be, owning, in the National Capital Territory of Delhi; two or more dwelling houses, to recover the possession of more than one dwelling house and it shall be lawful for such person, his spouse or his dependent son or daughter, as the case may be, to indicate the dwelling house possession of which he intended to recover.

Explanation
.-For the purposes of this sub-section, sections 24,
25 and 26, immediate possession shall mean possession recoverable on the expiry of sixty days from the date of order of eviction.

(2) Where a landlord exercises the right of recovery conferred on him by sub-section (1) or section 22, 24, 25 or 26 and he 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 premises 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, 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, agreement or lease bears to the total period of contract, agreement or lease:

Provided
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 fifteen per cent. per annum on the amount which he has omitted or failed to refund :

Provided further
that it shall be permissible for the landlord to set off any amount which he is lawfully entitled to recover from the tenant against the refund due to the tenant.



(1) Where a person-

(a) Is a released or retired person from any armed forces and the premises let out by him, his spouse or his dependent son or daughter, as the case may be, are required for his own residence;or

(b) Is a dependent of a member of any armed forces who had been killed in action and the premises let out by such member are required for the residence of the family of such member, such person, his spouse or his dependent son or daughter, as the case may be, may, within one year from the date of his release or retirement from such armed forces or, as the case may be the date of death of such member, or within a period of one year from the date of commencement of this Act, whichever is later, apply to the Rent Authority for recovery of immediate possession of such premises

(2) Where a person is a member of any of the armed forces and has a period of less than one year preceding the date of his retirement and the premises let out by him, his spouse or his dependent son or daughter, as the case may be, are required for his own residence after his retirement, he, his spouse or his dependent son or daughter, as the case may be, may, at any time, within a period of one year before the date of his retirement, apply to the Rent Authority for recovery of immediate possession of such premises.

(3) Where the person, his spouse or his dependent son or daughter referred to in sub-section (1) or sub-section (2) has let out more than one premises, it shall be open to him, his spouse or his dependent son or daughter, as the case may be, to make an application under the sub-section in respect of only one at the premises chosen.

Explanation.-For the purposes of this section, "armed forces"
means an armed force of the Union constituted under an Act of
Parliament and includes a member of the police force constituted under section 3 of the Delhi Police Act, 1978. (34 of 1978.)



(1) Where a person is a retired employee of the Central Government or of a State Government and the premises let out by him, his spouse or his dependent son or daughter are required for his own residence, such employee, his spouse or his dependent son or daughter, as the case may be, may, within one year from the date of his retirement or within a period of one year from the date of commencement of this Act, whichever is later, apply to the Rent Authority for recovery of immediate possession of such premises.

(2) Where a person is an employee of the Central Government or of a State Government and has a period of less than one year preceding the date of his retirement and the premises let out by him or his spouse or dependent son or daughter are required by him for his own residence after his retirement, he, his spouse or his dependent son or daughter, as the case may be, may, at any time within a period of one year before the date of retirement, apply to the Rent Authority for recovery of immediate possession of such premises.

(3) Where the person, his spouse or his dependent son or daughter referred to in sub-section (1) or in sub-section (2) has let out more than one premises, it shall be open to him, his spouse or his dependent son or daughter, as the case may be, to make an application under the sub-section in respect of only one of the premises chosen.



(1) Where the landlord is-

(a) A widow and the premises let out by her, or by her husband,

(b) A handicapped person and the premises let out by him,

(c) A person who is of the age of sixty-five years or more and the premises lot out by him, is required by her or him or for her or his family or for any one ordinarily living with her or him for residential or non-residential use, she or he may apply to the Rent Authority for recovery of immediate possession of such premises.

(2) Where the landlord referred to in sub-section (1) has let out more than one premises, it shall be open to him to make an application under that sub-section in respect of any one residential and one non-residential premises each chosen by him.

Explanation. I.-For the purposes of this section, "handicapped person" shall mean a person who is as if being an asses see entitled for the time being to the benefits of deduction under section 80U of the Income-tax Act, 1961. (43 of 1961.)

Explanation II.-The right to recover possession under this section shall be exercisable only once in respect of each for residential and for non-residential use.



(1) If, in any proceeding for the recovery of possession of any premises on any ground other than that referred to in clause (a) of sub-section (2) of section 22, the tenant contests the claim for eviction, the landlord may, at any stage of the proceeding, make an application to the Rent Authority for an order on the tenant to pay to the landlord the amount of rent legally recoverable from the tenant and the Rent Authority may, after giving the parties an opportunity of being heard, make an order directing the tenant to pay to the landlord or deposit with the Rent Authority within one month of the date of the order, an amount calculated at the rate of rent at which it was last paid for the period for which the arrears of the rent were legally recoverable from the tenant including the period subsequent thereto up to the end of the month previous to that in which payment or deposit is made and to continue to pay or deposit, month by month, by the fifteenth of each succeeding month, a sum equivalent to the rent at that rate.

(2) if, in any proceeding referred to in sub-section (7), there is any dispute as to the amount of rent payable by the tenant, the
Rent Authority shall, within fifteen days of the date of the first bearing of the proceeding, fix an interim rent in relation to the premises to be paid or deposited in accordance with the provisions of sub-section (1), until the rent in relation thereto is determined having regard to the provisions of this Act, and the amount of arrears, if any, calculated on the basis of the rent so determined shall be paid or deposited by the tenant within one month of the date en which the standard rent is fixed or such further time as the Rent Authority may allow in this behalf.

(3) If, in any proceeding referred to in sub-section (1), there is any dispute as to the person or persons to whom the rent is payable, the Rent Authority may direct the tenant to deposit with the Rent Authority the amount payable by him under sub-section (1) or sub- section (2), as the case may be, and in such a case, no person shall be entitled to withdraw the amount in deposit until the Rent Authority decides the dispute and makes an order for payment of the same.

(4) If the Rent Authority is satisfied that any dispute referred to in subsection (3) has been raised by a tenant for reasons which are false or frivolous, the Rent Authority may order the defence against eviction to be struck out and proceed with the hearing of the application.

(5) If a tenant fails to make payment or deposit as required by this section, the Rent Authority may order the defence against eviction to be struck out and proceed with the hearing of the application.



(1) Where at any time before the 9th day of June, 1952, a tenant has sub-let the whole or any part of the premises and the sub- tenant is, at the commencement of this Act, in occupation of such premises, then, notwithstanding that the consent of the landlord was not obtained for such sub-letting, the premises shall be deemed to have been lawfully sub-let.

(2) No premises which have been sub-let either in whole or in part on or after the 9th day of June, 1952, without obtaining the consent in writing of the landlord, shall be deemed to have been lawfully sub-let.

(3) After the commencement of this Act, no tenant shall, without the previous consent in writing of the landlord,-

(a) Sub-let the whole or any part of the premises held by him as a tenant; or

(b) Transfer or assign his rights in the tenancy or in any part thereof.



Where, after the commencement of this Act, any premises are sub-let either in whole or in part by the tenant with the previous consent in writing of the landlord, the tenant or the sub-tenant to whom the premises are sub-let may, in the prescribed manner, give notice to the landlord of the creation of the sub-tenancy within one month of the date of such sub-letting and notify the termination of such sub-tenancy within one month of such termination,



Where an order for eviction in respect of any premises is made under section 22 against a tenant but not against a sub-tenant referred to in section 29 and a notice of the sub-tenancy has been given to the landlord, the sub-tenant shall, with effect from the date of the order, be deemed to have become a tenant holding the premises in his occupation directly under the landlord on The same terms and conditions on which the tenant would have hold from the landlord, if the tenancy had continued.



(1) When a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (r) of sub- section (2) of section 22, or under section 23, 24, 25, 26 or 33, the landlord shall not, except with the permission of the Rent Authority obtained in the prescribed manner, re-let the whole or any part of the premises within three years from the, date of obtaining such possession, and in granting such permission, the Rent Authority may direct the landlord to put such evicted tenant in possession of the premises:

Provided that where a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (r) of sub-section (2) of section 22 for occupation after re- construction or re-building, the period of three years shall be reckoned from the date of completion of re-construction or re- building, as the case may be.

(2) Where a landlord recovers possession of any premises as aforesaid and the premises are not occupied by the landlord or by the person for whose benefit the premises are held, within two months of obtaining such possession, or the premises having been so occupied are, at any time within three years from the date of obtaining possession, re-let to any person other than the evicted tenant without obtaining the permission of the Rent Authority under subsection (1) or the possession of such premises is transferred to another person for reasons which do not appear to the Rent Authority to be bona fide, the Rent Authority may, on an application made to him in this behalf by such evicted tenant within such time as may be prescribed, direct the landlord to put the tenant in possession of the premises on the same terms and conditions if the premises are in the same form or on new terms and conditions if the premises have been re-constructed or rebuilt if he has not already built, acquired vacant possession of, or been allotted another premises or to pay him such compensation as the Rent Authority thinks fit or both, as the facts and circumstances of the case may warrant.



(1) In making any order on the grounds specified in clause (e),(f) (g),(h) or (i) of sub-section (2)of section 22 the Rent Authority shall fix the new rent and ascertain from the tenant whether he elects to be placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before winch he shall deliver possession so as to enable the landlord to commence the work of repairs or building or rebuilding, is the case may be, and the date before which the land lord shall deliver the possession of the said premises.

(2) If the tenant delivers possession on or before the date specified in the order, the landlord shall, on the completion of the work of repairs or building or rebuilding, place the tenant in occupation of the premises or part thereof before the date specified in sub-section (1) or such extended date as may be specified by the Rent Authority by an order.

(3) If, after the tenant has delivered possession on or before the date specified in the order, the landlord fails to commence the work of repairs or building or re-building within three months of the specified date, the Rent Authority may, on an application made to him in this behalf by the tenant, within such time as may be prescribed, order the landlord to place the tenant in occupation of the premises on the same terms and conditions and to pay to the tenant such compensation as the Rent Authority thinks fit.

(4) If the tenant has delivered possession on or before the date specified in the order and the landlord fails to place the tenant in occupation of the premises after repairs, building or re-building, as the case may be, in accordance with sub-section (2), the Rent Authority may, on an application made to him in this behalf by the tenant within such time as may be prescribed, order the landlord to place the in occupation of the premises on revised terms and conditions and to pay to the tenant such compensation as the Rent Authority thinks fit.



(1) Where a landlord does not require the whole or any part of any premises for a particular period, and after obtaining the permission of the Rent Authority in the, prescribed manner, lets the whole of the premises or part thereof as a residence for such period, not being more than five years, as may be agreed to in writing between the landlord and the tenant and the tenant does not, on the expiry of the said period, vacate such premises, then, notwithstanding anything contained in section 22 or in any other law, the Rent Authority may, on an application made to him in this behalf by the landlord within such time as may be prescribed, place the landlord in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such Premises.

(2) The Rent Authority shall not-

(i) Grant permission under sub-section (1) in relation to a premises consecutively more than two times except for good and sufficient reasons to be recorded in writing.

Explanation.-A permission granted under sub-section (1) shall not be construed to be consecutive, if a period of five years or more has elapsed after the expiry of the last limited period tenancy;

(ii) Entertain any application from the tenant calling in question the bonafides of the landlord in letting the premises under this section.

(3) All applications made before the Rent Authority and appeals made before the Tribunal by the tenant shall abate on the expiry of period for which permission has been granted under sub-section(1).

(4) While making an order under sub-section (1),the Rent Authority may award to the landlord damages for the use or occupation of the premises at double the last rent paid by the tenant together with interest at the rate of fifteen per cent. per annum for the period from the date of such order till the date of actual vacation by the tenant.



Where the landlord in respect of any premises is any company or other body corporate of any public institution, then notwithstanding anything contained in section 22 or in any other law, the Rent Authority may. on an application made to him in this behalf by such landlord. place the landlord in vacant possession of such premises, by evicting the tenant and every other person who may be in occupation thereof, if the Rent Authority is satisfied that-

(a) The tenant to Whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment and the premise, are required for the use of employees of such landlord; or

(b) The tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises; or

(c) Any other person is in unauthorised occupation of such premises; or

(d) The premises are required bonafide by the landlord for the use of employees of such landlord or in the case of a public institution, for the furtherance of its activities.

Explanation.-For the purposes of this section, "public institution" includes any educational institution, library, hospital and charitable dispensary but does no include any such institution set up by a private trust.



Where the landlord proposes to make any improvement in, or construct any additional structure on, any building which has been let, to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure and the Rent Authority, on an application, made to him in this behalf by the landlord, is satisfied that the, landlord is ready and willing to commence the work and that such work will not cause any undue hardship to the tenant,Rent Authority may permit the landlord to do such Work and may make such other order as be thinks fit in the circumstances of the case.


Notwithstanding anything contained in section 22, where any premises which have been let comprise vacant land upon which it is permissible under the building regulations or municipal bye-laws,for the time being in force, to erect any building. whether for use as a residence or for any other purpose and the landlord proposing to erect such building is unable to obtain possession of the land from the tenant by agreement with him and the Rent Authority, on an application made to him in this behalf by the landlord, is satisfied that the landlord is ready and willing commence the work and that the severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the Rent Authority may-

(a) Direct such severance

(b) Place the landlord in possession of the vacant land;

(c) Determine the rent payable by the tenant in respect of the rest of the premises; and

(d) Make such other order as he thinks fit in the circumstances of the case.



Notwithstanding anything contained in any other law, where the interest of a tenant in any premises is determined for any reason Whatsoever and any order is made by the Rent Authority tinder this Act for the recovery of possession of such premises, the order shall, subject to the Provisions of section 30, be binding on all persons who may be in occupation of the premises and vacant possession thereof shall be given to the landlord by evicting all such persons therefrom:

Provided that nothing in this section shall apply to any person who has an independent title to such premises.
Last updated on September, 2016

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