Special procedure for disposal of cases for eviction on ground of bonafide requirement

(1) Every suit by a landlord for the recovery of possession of any premises on the ground specified in clause (c) or (e) of sub-section (1) of section 19 shall be dealt with in accordance with the procedure specified in this section. (2) The Controller shall issue summons in every suit referred in sub-section (1) without delay. (3) (i) The Controller shall, in addition to, and simultaneously with the issue of summons for service on the tenant or tenants, also direct the summons to be served by registered post with 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 the official gazette or in newspapers circulating in the locality, in which the tenant is last known to have resided or carried on business or personally worked for gain. (ii) When an acknowledgement purporting to be signed by the tenant or his agent is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent has refused to take delivery of the registered article, the Controller may declare that there has been a valid service of summons. (4) The tenant on whom summons is duly served (whether by ordinary mail or by registered post) shall not contest the prayer for eviction from the building unless he files an affidavit stating the ground on which he seeks to make such contest and obtains leave from the Controller as hereinafter provided; and in default of the 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 landlord shall be entitled to an order for eviction on the ground aforesaid. (5) The Controller 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 eviction on the grounds specified in clauses (c) and (e) of sub-section (1) of section 19. (6) When leave is granted to the tenant to contest the suit, the latter may, within fifteen days from the date of the order, pray after making requisite fee, that the affidavit may be treated as the written statement or if he chooses to file a separate written statement, he may do so within fifteen days of the grant of leave to contest the suit and if he does not file the written statement within the period he shall not be allowed to do so later. The Controller shall thereafter commence the hearing of the suit as early as practicable. (7) Notwithstanding anything contained in the Code of Civil procedure, 1908 (Act V of 1908) or any other law, the Controller while hearing a suit under this section shall 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 building made in accordance with the procedure specified in this section. Provided that on an application being made within sixty days of the date of the order of eviction, the High Court may for the purpose of satisfying itself that an order under this section is according to law, call for the records of the case and pass such order in respect thereof as it thinks fit. (9) Where no application has been made to the High Court in revision as laid down in sub-section (8) above, the order for eviction passed by the controller shall be final or the Controller, which passed the order for eviction may exercise the powers of review in accordance with the provision of order XLVII of the First Schedule to the Code of Civil Procedure (Act V of 1908). Provided that no such review shall be made unless an application is filed for the same within thirty days of the order of eviction. (ii) When an acknowledgement purporting to be signed by the tenant or his agent is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent has refused to take delivery of the registered article, the Controller may declare that there has been a valid service of summons. (4) The tenant on whom summons is duly served (whether by ordinary mail or by registered post) shall not contest the prayer for eviction from the building unless he files an affidavit stating the ground on which he seeks to make such contest and obtains leave from the Controller as hereinafter provided; and in default of the 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 landlord shall be entitled to an order for eviction on the ground aforesaid. (5) The Controller 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 eviction on the grounds specified in clauses (c) and (e) of sub-section (1) of section 19. (6) When leave is granted to the tenant to contest the suit, the latter may, within fifteen days from the date of the order, pray after making requisite fee, that the affidavit may be treated as the written statement or if he chooses to file a separate written statement, he may do so within fifteen days of the grant of leave to contest the suit and if he does not file the written statement within the period he shall not be allowed to do so later. The Controller shall thereafter commence the hearing of the suit as early as practicable. (7) Notwithstanding anything contained in the Code of Civil procedure, 1908 (Act V of 1908) or any other law, the Controller while hearing a suit under this section shall 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 building made in accordance with the procedure specified in this section. Provided that on an application being made within sixty days of the date of the order of eviction, the High Court may for the purpose of satisfying itself that an order under this section is according to law, call for the records of the case and pass such order in respect thereof as it thinks fit. (9) Where no application has been made to the High Court in revision as laid down in sub-section (8) above, the order for eviction passed by the comptroller shall be final or the Controller, which passed the order for eviction may exercise the powers of review in accordance with the provision of order XLVII of the First Schedule to the Code of Civil Procedure (Act V of 1908). Provided that no such review shall be made unless an application is filed for the same within thirty days of the order of eviction.