section 6
6. Refund of rent, premium, pugree, etc. not recoverable under the Act.
The Jammu and Kashmir Houses and Shops Rent Control Act, 1966(1) Where any sum has been paid or deposited on or after the date of the commencement of this Act in respect of the occupation of any house or shop— (a) on account of rent, being a sum which is by reason of the provisions of this Act irrecoverable; or (b) as premium, pugree fine or other like imposition in addition to the rent or as rent in advance, the claiming or the receiving of which is prohibited under this Act; or (c) on account of price or hire of any furniture in such premises without the permit of the Controller, under section 5; the Controller may, on application made to him in this behalf at any time within a period of six months from the date of such payment or deposit by the tenant by whom such payment or deposit was made, order the landlord by whom such payment was received or to whose credit such deposit was made to refund such sum to such tenant or at the option of such tenant, order the adjustment of any sum so paid or deposed in any other manner. (2) An order of refund passed by the Controller under subsection (1) shall be executed by the Court having jurisdiction to entertain suit for the recovery of arrears of rent in respect of the house or shop in relation to which the sum ordered to be refunded was paid or deposited, as if such order or refund were a decree of that Court.
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