Chapter VII RENT COURTS AND RENT TRIBUNALS

The District Collector or the District Magistrate shall, with the previous approval of the Administrator, appoint Additional Collector or Additional District Magistrate or an officer of equivalent rank well versed in quasi-judicial functions, to be the Rent Court for the purposes of this Regulation, within his jurisdiction.

The Administrator may, in consultation with the jurisdictional High Court, by notification, appoint District Judge or Additional District Judge as the Rent Tribunal in each District.

1. (1) Save as provided in this section, nothing contained in the Code of Civil Procedure, 1908 shall apply to the Rent Courts and the Rent Tribunals, which shall be guided by the principles of natural justice and shall have power to regulate their own procedure in the following manner, namely:—
   • (a) the landlord or the tenant may file an appeal before the Rent Court or the Rent Tribunal accompanied by affidavit and documents, if any;
   • (b) the Rent Court or the Rent Tribunal shall then issue notice to the opposite party, accompanied by copies of application or appeal, affidavit and documents;
   • (c) the opposite party shall file a reply accompanied by affidavit and documents, if any, after serving a copy of the same to the applicant;
   • (d) the applicant may file a rejoinder, if any, after serving the copy to the opposite party; and
   • (e) the Rent Court or the Rent Tribunal shall fix a date of hearing and may hold such summary inquiry as it deems necessary.
2. (2) The Rent Court or as the case may be, the Rent Tribunal shall endeavour to dispose the case as expeditiously as possible, not exceeding a period of sixty days from the date of receipt of the appeal: Provided that where any such appeal could not be disposed of within the said period of sixty days, the Rent Court or the Rent Tribunal shall record its reasons in writing for not disposing of the appeal within that period.
3. (3) In every appeal, before the Rent Court or the Rent Tribunal, the evidence of a witness shall be given by an affidavit: Provided that the Rent Court or the Rent Tribunal may, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, order attendance of such witness to be present for examination or cross-examination.
4. (4) The provisions of the Code of Civil Procedure, 1908 regarding service of summons shall be applicable mutatis mutandis for service of notice by the Rent Court or the Rent Tribunal.
5. (5) Every appeal before the Rent Court or the Rent Tribunal shall be in such form and manner as may be prescribed.
6. (6) The Rent Authority or the Rent Court or the Rent Tribunal shall not allow more than three adjournments at the request of a party throughout the proceedings and in case of reasonable and sufficient cause to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay a reasonable cost.
7. (7) Every application under clauses (a), (b), (e),
   • (f) and (g) of sub-section (2) of section 21 or under section 22 shall be decided within ninety days from the date of filing of such application in the Rent Court.
8. (8) The Rent Court shall decide every application filed under clauses (c) and (d) of sub-section (2) of section 21 within a period of thirty days from the date of filing of such application.

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.

1. (1) Any person aggrieved by an order passed by the Rent Court, may prefer an appeal along with a certified copy of such order to the jurisdictional Rent Tribunal within the local limits of which the premises is situated, within a period of thirty days from the date of that order: Provided that the Rent Tribunal may entertain the appeal after expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by a sufficient cause from preferring the appeal in time.
2. (2) The Rent Tribunal, upon filing an appeal under sub-section (1) shall serve notice, along with a copy of the appeal to the respondent and fix a hearing not later than thirty days from the date of service of notice of such appeal on the respondent and the same shall be disposed of within a period of sixty days from such date of service.
3. (3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow documents at any stage of the proceedings in appeal: Provided that no such document shall be allowed more than once during the hearing.
4. (4) The Rent Tribunal may, in its discretion, pass such interlocutory order during the pendency of the appeal, as it may deem fit.
5. (5) While deciding the appeal, the Rent Tribunal may, after recording reasons therefor, confirm, set aside or modify the order passed by a Rent Court.

1. (1) The Rent Court shall, on an application filed by any party, execute an order of a Rent Court or a Rent Tribunal or any other order made under this Regulation, in such manner as may be prescribed, by—
   • (a) delivering possession of the premises to the person in whose favour the decision has been made;
   • (b) attaching one or more bank accounts of the opposite party for the purpose of recovering the amount specified in such order; and
   • (c) appointing any advocate or any other competent person including officers of the Rent Court or local administration or local body for the execution of such order.
2. (2) The Rent Court may seek assistance from the local Government or local body or the local police during the execution of the final orders: Provided that no applicant shall obtain police help unless he pays such costs as may be decided by the Rent Court.
3. (3) The Rent Court shall conduct the execution proceedings, in relation to its order or an order of a Rent Tribunal or any other order passed under this Regulation, in a summary manner and dispose of the application for execution made under this section within a period of thirty days from the date of service of notice on opposite party.