Procedure of Rent Tribunal and Appellate Rent Tribunal

31.

1. (1) Subject to any rules that may be made under this Act, the Rent Tribunal and the Appellate Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (No.5 of 1908) but shall be guided by the principle of natural justice and shall have power to regulate their own procedure, and the Rent Tribunal shall follow the following procedure, namely :-
   • (a) the landlord or tenant may file an application before the Rent Tribunal accompanied by affidavits and documents, if any;
   • (b) the Rent Tribunal then shall issue notice to the opposite party, accompanied by copies of application, affidavits and documents;
   • (c) the opposite party shall file a reply accompanied by affidavits 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;
   • (e) the Rent Tribunal shall then fix a date of hearing and may hold such summary inquiry as it deems necessary.
2. (2) In every case before the Rent Tribunal and the Appellate Rent Tribunal the evidence of a witness shall be given by affidavit. However, the Rent Tribunal and the Appellate Rent Tribunal, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, such witness can be produced and may order attendance for examination or cross-examination of such a witness.
3. (3) The provisions of the Code of Civil Procedure, 1908 (No.5 of 1908) regarding service of summons shall be applicable mutatis mutandis for service of notice by the Rent Tribunal or Appellate Rent Tribunal.
4. (4) Every application or appeal, so far as possible shall be in the model forms as prescribed.
5. (5) The Rent Tribunal shall not ordinarily allow more than three adjournments at the request of a party throughout the proceedings and in case he decides to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay the reasonable cost. (6)
   • (a) All applications under clauses (a), (b),
   • (c) and
   • (d) of sub-section
6. (2) of Section 18 shall be decided within 360 days of filing of application to the Rent Tribunal.
   • (b) Applications under clauses (e),
   • (f) and
   • (g) of sub-section
7. (2) of section 18 shall be decided within 240 days of filing of application to the Rent Tribunal : Provided that in case of special category of landlords listed in Schedule III the period shall be 180 days.
   • (c) Application under sub-section
8. (3) of section 26 shall be decide within 60 days from the date of filing application.