section 9
Fixation of fair rent
The Andhra Pradesh Requisitioning of Buildings Act, 1954General195422 sections
Statutory text
- (1) The landlord or the competent authority or the
licensee may apply to the Court of the District Munsif having jurisdiction over the area in which the requisitioned building is situated for fixing the fair rent of the building for the period of the requisition.
2[Explanation- A Munsif appointed under
3[the Andhra Pradesh (Telangana
Area) Civil Courts Act, 1954 (Act No. XXXVI of 1954)] in the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), shall be deemed to be a District Munsif for the purposes of this section.]
- (2) The fair rent shall be—
- (a) a monthly payment in respect of the period of requisition of a sum equal to the rent which would have been payable for the use and occupation of the building, if it had been taken on lease for that period; and
- (b) such sum or sums, if any, as may be found necessary to compensate the landlord for all or any of the following matters, namely:--
- (i) pecuniary loss due to requisitioning; (ii)expenses on account of vacating the requisitioned building;
- (iii) expenses on account of reoccupying the building upon release from requisition; and
- (iv) damages (other than normal wear and tear) caused to the building during the period of requisition, including the expenses that may have to be incurred for restoring the building to the condition in which it was at the time of requisition.
- (3) Against an order passed by the District Munsif’s Court fixing the fair rent, the landlord or the competent authority or the licensee may, within fifteen days from the date of such order, prefer an appeal to the Subordinate Judge’s Court having jurisdiction over the area in which the building is situated or if there is no such Court, to the District Court; and the decision of the Subordinate Judge’s Court or the District Court, as the case may be, on such appeal shall be final and shall not be liable to review or revision. 4[(4) When this Act comes into force in any area in the cities of Hyderabad and Secunderabad, applications for fixation of fair rent under sub- . Proviso omitted by Section 7 of the Andhra Pradesh Requisitioning of Buildings (Extension and Amendment) Act, 1960 (Andhra Pradesh Act XII of 1960). . Added by section 8(i) ibid. . Substituted for the original short title by the Andhra Pradesh Laws (Amendment of short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961). . Added by the Act No. XII of 1960, S.8(ii). section (1) in respect of requisitioned buildings situated in such area shall lie to the Additional Judge of the City Civil Court, Hyderabad and appeals under sub-section (3) from any order passed by such Additional Judge shall lie to the
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