section 14
14. Deposit of rent by the tenant.
The Jammu and Kashmir Houses and Shops Rent Control Act, 1966Deposit of rent by the tenant. (1) Where the landlord does not accept any rent tendered to him by the tenant within the time referred to in section 11 or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner. (2) The deposit shall be accompanied by an application supported by an affidavit from the tenant stating— (a) the house or shop for which the rent is deposited, with description sufficient for identifying the house or shop; (b) the period for which the rent is being deposited; (c) the name and address of the landlord; and (d) the reasons and circumstances which led him to deposit the rent: Provided that no affidavit in support of an application shall be required in case of a deposit made subsequent to the first deposit if the reasons and circumstances which led the tenant to make the first deposit remain the same. (3) The application shall be accompanied by a correct copy of the application and the prescribed fee for sending to the landlord or to person or persons mentioned in sub-section (4), the notice of the deposit, accompanied by a copy of the application by registered post with acknowledgement due. (4) When the reason for making the deposit is doubt as to the person or persons entitled to receive the rent, the tenant shall state in his application, if possible, the name and the address of the person or persons, who, to his best information and belief, is the landlord entitled to receive the rent, and in case there are more such persons than one the application shall be accompanied by as many copies as there are such persons. (5) The Controller on receipt of the deposit, the prescribed fee the application and its copy or copies shall, within fifteen days of such receipt, send to the landlord or to the person or each of the persons referred to in sub-section (4), if any such person or persons have been named with address in the application, a notice of deposit in the prescribed manner as also a copy of the application, authenticated by the seal of his office and his signature or the signature of some person authorized by him, by registered post with acknowledgement due. A copy so authenticated shall be evidence in a Court of law without further proof of the contents of the original application made to the Controller. (6) If the landlord named in the application asks by a petition for payment to him of the rent deposited, the Controller, on being satisfied that the landlord named in the application is the petitioner, shall pay the amount to him in the prescribed manner. (7) If the person or persons named in the application according to sub-section (4), asks or ask by a petition for payment to him or to them of the rent deposited, stating that he or they is or are the landlord or landlords entitled to receive the rent, or asking for payment to them keeping open the question of disputed landlordship, or agreeing that some one or more amongst them should receive payment, the Controller, on being satisfied that the person or persons named in the application is or are the petitioner or petitioners shall pay the amount to him or them in the prescribed manner. (8} If the amount of rent deposited is not withdrawn by the landlord or person or persons mentioned in sub-section (4) before expiration of five years from the date of the posting of notice of the deposit, it shall, subject to any order of any Court, be forfeited to Government. (9) If, at the time of filing the petition mentioned in sub-section (6) or (7) but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons mentioned in sub-section (4) complain to the Controller that the statements in the tenant's application of the reasons and circumstances which led him to deposit the rent are untrue, the Controller, after giving the tenant opportunity of being heard, may levy a tine on him which may extend to five hundred rupees if he is satisfied that the said statements were materially untrue and that there was no difficulty in paying the rent direct landlord as alleged in the tenant's application, he may levy the rent, and may order that a sum out of the fine realised be paid to the landlord as compensation. But if on hearing the matter the Controller is satisfied that the said statements were substantially correct and there was difficulty in the way of the tenant paying the rent direct to the landlord as alleged in the tenant's application, he may levy a fine on the complainant which may extend to five hundred rupees, and may order that a sum out of the fine realised be paid to the tenant as compensation. Explanation. — If, after such complaint, the complainant does not desire or neglects to proceed with the hearing of his complaint, the matter may be heard and order made at the instance of the tenant.
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