In any suit for eviction on the ground mentioned in clause (a) of sub-section (2), if at the first
hearing of the suit the tenant unconditionally pays or tenders to the landlord the entire amount
of rent and damages for use and occupation of the building due from him such damages for
use and occupation being calculated at the same rate as rent) together with interest thereon at
the rate of nine per cent per annum and the landlords’ costs of the suit in respect thereof, after
deducting therefrom any amount already deposited by the tenant under sub-section (1) of
section 30, the court may, in lieu of passing a decree for eviction on that ground, pass an
order relieving the tenant against his liability for eviction on that ground :
Provided that nothing in this sub-section, shall apply in relation to a tenant who or any
member of whose family has built or has otherwise acquired in a vacant state, or has got
vacated after acquisition. any residential building in the same city, municipality, notified area
or town area.

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