section 13-D
13-D. Special procedure for the disposal of suit for eviction on the ground of bona fide requirement.
The Jammu and Kashmir Houses and Shops Rent Control Act, 1966(1) Every suit by a landlord for the recovery of possession of any house on the ground specified in section 13-C shall be dealt with in accordance with the procedure specified in this section.
(2) The Court shall issue summons, in relation to every suit referred to in sub-section (1) in the form specified in Schedule B.
(3) (a) The court shall, in addition to and simultaneously with the issue of summons for service on the tenant, also direct the summons to be served by registered post, acknowledgement due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the tenant is last known to have resided or carries on business or personally works for gain and may, if the circumstances of the case so require, also direct the publication of summons in a newspaper circulating in the locality in which the tenant is last known to have resided or carried on business or personally worked for gain.
(b) When an acknowledgement purporting to be signed by the tenant or his agent is received by the court or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, the court may declare that there has been a valid service of summons. (4) The tenant on whom the summons is duly served whether in the ordinary way or by registered post) in the form specified in Schedule B shall not contest the prayer for eviction from the house unless he files an affidavit stating the grounds on which he seeks to contest the suit for eviction and obtains leave from the court as hereinafter provided; and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the suit for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid.
(5) The court shall give to the tenant leave to contest the suit if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the house on the ground specified in section 13-C.
(6) Where leave is granted to the tenant to contest the suit the court shall commence the hearing of the suit as early as practicable.
(7) Notwithstanding anything contained in this Act the Court shall while holding an inquiry in a proceeding to which this Chapter applies, follow the practice and procedure of a court of small causes, including the recording of evidence.
(8) No appeal or second appeal shall lie against an order for the recovery of possession of any house made by the court in accordance with the procedure specified in this section:
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