purpose for which the same was used immediately prior to the
death of the intestate;
(k) Upon the termination of the occupancy the occupant shall yield
up the residential holding and all additions thereto and all fittings
and fixtures thereon in good and tenantable repair in accordance
with the stipulation in that behalf hereinbefore contained.
8. The occupancy of a residential holding hereunder shall be terminated
automatically on the happening of any of the following events,
(a) Upon the remarriage of the occupant where such occupant is a wife;
(b) Upon the death of the occupant or all the occupants;
(c) Upon the occupant, being a child, or all the occupants, being children,
attaining the age of 18 in the case of males and attaining the age of 21 or
marrying in the case of females;
(d) Upon the occupant or occupants ceasing to occupy the residential holding for
a continuous period of six months;
(e) Upon surrender in writing signed by the occupant if adult or endorsed by the
court if the occupancy is by a minor or minors:
Provided that where any child or children of the description contained in
paragraph 1 of this Schedule were resident with and dependent upon the occupant
at the residential holding immediately before such event, the occupancy shall not
terminate but such child or children shall succeed thereto.
9. (1) Any court having jurisdiction over the residential holding, having regard to
its value upon application by the registered proprietor for the time being of the
said holding or any part thereof, may order the termination of the occupancy of
the residential holding or any part thereof upon proof of existence of any one or
more of the following grounds,
(a) That the occupant has persistently failed to comply with one or more of the
provisions of paragraph 7 of this Schedule;
(b) That suitable alternative accommodation is available for the occupant and any
persons resident with and dependent on the occupant who would suffer no
hardship by occupying such alternative accommodation instead of the
residential holding;
(c) That no hardship would be occasioned to the occupant or any person resident
with and dependent upon the occupant if the occupant is paid a sum of money
to be assessed by the court instead of being permitted to occupy the residential
holding or such part as the case may be and the applicant will immediately
pay such sum to the occupant:
Provided that,
(i)
The court shall not be bound to order such termination even where
someone or more grounds as above exists;
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