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section 35

Procedure to be followed in Rent Court and Rent Tribunal

The Lakshadweep Tenancy Regulation, 2023
Civil202347 sections8 chapters
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Chapter VII RENT COURTS AND RENT TRIBUNALS

Statutory text
  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.

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