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section 36

Powers of Rent Court and Rent Tribunal

The Dadra and Nagar Haveli and Daman and Diu Tenancy Regulation, 2023
Civil202348 sections8 chapters
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Chapter VII RENT COURTS AND RENT TRIBUNALS

Statutory text
  1. (1) The Rent Court and the Rent Tribunal shall, while discharging their functions under this Regulation, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 for the purposes of,—
    • (a) summoning and enforcing the attendance of any person and examining him on oath;
    • (b) requiring the discovery and production of documents;
    • (c) issuing commissions for examination of the witnesses or documents;
    • (d) issuing commission for local investigation;
    • (e) receiving evidence on affidavits;
    • (f) dismissing an appeal for default or deciding it ex parte;
    • (g) setting aside any order of dismissal of any appeal for default or any other order passed by it ex parte;
    • (h) execution of its orders and decisions under this Regulation without reference to any civil court;
      • (i) reviewing its orders and decisions;
    • (j) revision of orders and decisions of the Rent Authority and the Rent Court; and
    • (k) any other matter, which may be prescribed.
  2. (2) Any proceedings before the Rent Court or the Rent Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code, and the Rent Court and the Rent Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
  3. (3) For the purposes of holding any inquiry or discharging any duty under this Regulation, the Rent Court may,—
    • (a) after giving not less than twenty-four hours' notice in writing, enter and inspect or authorise any officer, subordinate to it, to enter and inspect, any premises at any time between sunrise and sunset; and
    • (b) by written order, require any person to produce for its inspection such books or documents relevant to the inquiry, at such time and at such place as may be specified in the order.
  4. (4) The Rent Court may, if it thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or valuer to advise it in the proceeding before it.
  5. (5) Any clerical or arithmetical mistake in any order passed by the Rent Court or any other error arising out of any accidental omission may, at any time, be corrected by the Rent Court on an application received by it in this behalf from any of the parties or otherwise.
  6. (6) An order made by a Rent Court or an order passed in appeal or revision or review under this Chapter shall be executable by the Rent Court as a decree of a civil court and for this purpose, the Rent Court shall have the same powers of a civil court.
  7. (7) The Rent Court may set aside any order passed ex parte, if the aggrieved party files an application and satisfies it that notice was not duly served or that he was prevented by any sufficient cause from appearing when the case was taken up for hearing.
  8. (8) Save as otherwise expressly provided in this Regulation, every order made by the Rent Court shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or execution proceedings.

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