RAJASTHAN RENT CONTROL ACT, CHAPTER- V RENT TRIBUNAL, EVICTION AND APPEAL PROCEDURE (Sec 13 to 22)

13.Constitution of Rent Tribunal.-

(l) The State Government shall constitute such number of Rent Tribunals and at such places as may be deemed necessary by it, by notification in the Official Gazette.

(2) Where two or more Rent Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.

(3) A Rent Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed by the High Court.

(4) No person shall be eligible to be appointed as Presiding Officer of the Rent Tribunal unless he is a member of Rajasthan judicial Service 12[Not below the rank of Civil Judge Senior Division].

(5) Notwithstanding anything contained in sub-section (3), the High Court may authorise the Presiding Officer of one Rent Tribunal to discharge the functions of the PresidingOfficer of another Rent Tribunal also.

(12 Substituted for the words "having ten years experience as such" by Act 18 of 2005 Published in the Rajasthan Gazette Extra-Ordinary Pt 4-(A) 24.10.2005)

14 Procedure for revision of rent.-

(l) The landlord may seek revision of rent under section 6 or section 7 by submitting a petition before the Rent Tribunal accompanied by affidavits and documents, if any.

(2) On filing of such petition the Rent Tribunal shall issue notice accompanied by copies of petition, affidavits and documents to the opposite party fixing a date not later than thirty days from the date of issue of notice. The opposite party may file reply, affidavits and documents after serving part the copies of the same on the petitioner, within a period not exceeding thirty days from the date of service of notice. The service of notice shall be effected through process server of the Tribunal or Civil Court as well as by registered post, acknowledgement due. Notice duly served by any of these methods shall be treated as sufficient service.

(3) The petitioner may thereafter file rejoinder, if any, after serving the copy to the opposite party, within a period not exceeding fifteen days from the date of service of the reply.

(4) Rent Tribunal shall thereafter fix a date of hearing, which shall not be later than ninety days from the date of service of notice on the tenant.

(5) The Rent Tribunal, during the course of such hearing, may hold such summary inquiry.. as it deems necessary and fix the rent as per formula laid down in section 6 or section 7 and issue a recovery certificate indicating the date from which such rent shall be payable.The petition shall be disposed of within a period of one hundred and fifty days from the date of service of notice on the tenant.

15. Procedure for eviction of tenant.-

(1) The landlord or any person claiming possession shall file a petition before the Rent Tribunal and such petition shall be accompanied by affidavits and documents, if any, upon which landlord or person claiming possession wants to rely.

(2) The Rent Tribunal, upon filing of petition- under sub-section (1), shall issue- notice accompained by copies of petition, affidavits and documents, if any, fixing a date not later than thirty days from the date of issue of notice requiring the tenant to submit reply accompained by affidavits and documents, if any, on which the tenant relies. The service of notice shall be effected through process server of the Tribunal or civil court as well as by registered post, acknowledgement due. Notice duly served by any of these methodsshall be treated as sufficient service.

(3) The tenant may submit his reply, affidavits and documents after serving the copies of the same to the petitioner, within a period not exceeding forty five days from the date of service of notice.

(4) The petitioner may thereafter file rejoinder if any, after serving copy to the opposite party, within a period of thirty days from the date of service of reply.

(5) The Rent Tribunal shall thereafter fix a date of hearing which shall not be later than one hundred and eighty days from the date of service of notice on the tenant.The petition shall be disposed of within a period of two hundred and forty days from the date of service of notice on the tenant.

(6) The Rent Tribunal during the course of such hearing may hold such summary inquiryas it deems necessary and decide the petition. The Rent Tribunal may also make efforts for conciliation or settlement of dispute between the parties.

(7) Where the Rent Tribunal decides the petition in favour of the landlord, it shall issue a certificate for recovery of possession from the tenant.

(8) The certificate issued under sub-section (7) shall not be executable for a period of three months from the date of decision.

[Provided that in case of premises let out for commercial use such certificate shall not be executable for a period of six months from the date of the decision]

(13 Substituted and proviso added by section 4 of Act No. 1 of 2006 date 19.01.2006 w.e.f. 22.02.2006 Published in the Rajasthan Gazette Extra-Ordinary Pt 4-(A) 21.01.2006)

16. Procedure for recovery of immediate possession.-

(1) The landlord or any person claiming immediate possession shall file petition before the Rent Tribunal and such petition shall be accompained -by affidavits and documents upon which landlord or person entitled to seek immediate possession wants to rely.

(2) The Rent Tribunal, upon filing of petition under sub-section (1), shall issue notice accompained by copies of petition, affidavits and documents, fixing a date not later than thirty days- from the date of service of notice requiring the tenant to submit reply accompained by affidavits and documents, if any, on which the tenant relies. The service of notice shall be effected through process server of the Tribunal or civil court as well as by registered post, acknowledgement due. Notice duly served by any of these methods shall be treated as sufficient service.

(3) The. tenant may submit his reply, affidavits and documents after serving the copies of the same on the petitioner within a period not exceeding thirty days from the date of service of notice. The petitioner may file rejoinder, if any, after serving copy of the same on the tenant within a period of fifteen days from the date of service of reply.

(4) The Rent Tribunal shall thereafter fix a date of hearing which shall not be later than ninety days from the date of service of notice on the tenant. The petition shall be disposed of within a period of one hundred and fifty days from the date of service ofnotice on the tenant.

(5) The Rent Tribunal, during the course of such hearing, may hold such summary enquiry asit deems necessary to determine whether the petitioner is a landlord as categorized undersub section (1) or sub-section (3) of section 10 and on being satisfied that the petitioner belongs to any of the categories of the landlord specified under sub-section (1) or sub- section (3) of section 10, shall dispose of the petition within a period of one hundred andtwenty days from the date of service of the notice on the tenant and shall issue a certificate for recovery of immediate possession from the tenant.

(6) The certificate issued under sub-section (5) shall not be executable for a period of three months from the date of decision.

17. Fixing of date for appearance of parties before Appellate Rent Tribunal and supplyof copies of final order .-

The Rent Tribunal while finally deciding a petition in which it is not proceeding ex-parte against any party shall fix a date, beyond 14[two months but not beyond six months] of its decision, for the appearance of the parties to the petition before the Appellate Rent Tribunal to which appeal against its final order lies and the parties to the petition shall appear before such Appellate Rent Tribunal on such date to receive the notices of the appeal, if any, filed against the final order of the Rent Tribunal. The date so fixed shall be mentioned in the final order passed by the Rent Tribunal and copy of the final order shall, immediately after the pronouncement of the order, be delivered to the party against whom the same is made and if the final order is partly against one partyand partly against other party and both the parties may prefer appeal against the final order, the copy of the final order shall be delivered to both the parties. The copy of the final order shall bear the endorsement under the seal of the Presiding Officer that the same is being supplied under this provision and party preferring an appeal may file such a copy alongwith his appeal.

(14 Substituted by Section 5 of Act No.1 of 2006 w.e.f 22.02.2006)

18. Jurisdiction of Rent Tribunal.-

(l) Notwithstanding anything contained in any other law for the time being in force, in the areas to which this Act extends, only the Rent Tribunal and no civil court shall have jurisdiction to hear and decide the petitions relating to disputes between landlord and tenant and matters connected therewith and ancillary thereto, filed under the provisions of this Act:

Provided that Rent Tribunal shall, in deciding such petitions to which provisions contained in Chapter II and III of this Act do not apply, have due regard to the provisionsof Transfer of Properties Act, 1882 ( Act No. 4 of 1882) the Indian Contract Act, 1872 (Act No. 9 of 1872), or any other substantive law applicable to such matter in the same manner in which such law would have been applied had the dispute been brought beforea civil court by way of suit:

Provided further that nothing contained in this Act shall be deemed to empower the Rent Tribunal to entertain a petition involving such dispute between landlord and tenant to which provisions of the Rajasthan Public Premises ( Eviction of Unauthorized Occupants) Act, 1964 ( Act No. 2 of 1965) and the Rajasthan Premises (Requistion andEviction) Ordinance, 1949 apply.

(2) Where the petition only for recovery of unpaid rent or arrears of rent is filed, the time schedule and procedure enumerated in section 14 shall mutatis mutandis apply to such petition.

(3) Where the petition for recovery of possession is filed in respect of the premises or tenancies to which the provisions of Chapter II and III of this Act do not apply, the time schedule and procedure enumerated in section 15 shall mutatis mutandis apply to such petition.

(4) A petition shall be instituted before the Rent Tribunal, within the local limits of whose jurisdiction -the premises is situated.

19. Appellate Rent Tribunal, Appeals and limitation thereof.-

(1) The State Government shall constitute such number of Appellate Rent Tribunals and at such places as may be deemed necessary by it, by notification in the Official Gazette.

(2) Where two or more Appellate Rent Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.

(3) An Appellate Rent Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer of the Appellate Rent Tribunal) to be appointed by the High Court.

(4) No person shall be eligible to be appointed as Presiding Officer of the Appellate Rent Tribunal unless he is a member of the 15[District judge cadre Service having not less than 16[three years] experience as such.

(5) Notwithstanding anything contained in sub-section (3), the High Court may authorise the Presiding Officer of one Appellate Rent Tribunal to discharge the functions of the Presiding Officer of the another Appellate Rent Tribunal also.

(6) From every final order passed by the Rent Tribunal, an appeal shall lie to the Appellate Rent Tribunal, within the local limits of whose jurisdiction the premises is situated and such an appeal shall be filed within a period of 17[sixty days] from the date of final order alongwith copy of such final order.

(7) The Appellate Rent Tribunal, upon filing an appeal under sub-section (6), shall serve notice, accompanied by copy of appeal, on the respondent on the date fixed by the Rent Tribunal under section 17 for the appearance of the parties before it. If the respondent fails to appear on the date so fixed before the Appellate Rent Tribunal, he may be proceeded against ex parte . in case the final order under section 17 was passed in ex- parte proceedings against any party, the Appellate rent Tribunal shall issue notice, accompanied by copy of appeal, fixing a date not later than thirty days, requiring the respondent to appear before it on the date so fixed and service of such a notice shall be effected through process server of the Tribunal or civil court as well as by the registered post, acknowledgement due and notice duly served by any of these methods shall be treated as sufficient service. Where however, the Appellate Rent Tribunal otherwise consider it necessary so to do in the interest of justice in the facts of the case, it may issue notice of appeal to the respondent in the manner indicated above.

(8) The Appellate Rent Tribunal shall, thereafter, fix a date of hearing which shall not be later than forty five days -from the date of service of notice of appeal on the respondent and the appeal shall be disposed of' within a period of one hundred and eighty days from the date of service of notice of appeal on the respondent.

(9) Where the Appellate Rent Tribunal considers it necessary in the interest of arriving ata just and proper decision, it may allow filing of additional affidavit or documents at any stage of the proceedings in appeal.

(10) The Appellate Rent Tribunal may in its discretion pass such interlocutory order, during the pendency of the appeal, as it may deem fit.

(11) (a) While deciding the appeal, the Appellate Rent Tribunal may after recording reasons therefore,-

(i) confirm, vary, set aside, reverse or modify the order passed, by a Rent Tribunal; or

(ii) if necessary in the interest of justice, remand the case to the Rent Tribunal along with such direction as it may deem fit.

(b) The Appellate Rent Tribunal shall issue appropriate recovery certificate according tothe decision rendered by it.

(c) The decision of the Appellate Rent Tribunal shall be final and no further appeal or revision shall lie against its order.

(12) On the application of any of the parties and after notice to the parties and after hearing such of them as have desired to be heard, or of its own motion without suchnotice, the Appellate Rent Tribunal may at any stage transfer any case from one Rent Tribunal to any other Rent Tribunal for disposal.

(13) Where any case has been transferred under sub- section (12), the Rent Tribunal which has thereafter to try or dispose of such case may, subject to any special direction in the order of transfer, proceed from the stage at which it was transferred.

Also Check: Rajasthan Rent Control Free One Liner Notes

Explanation.-

The expression "final order" referred to in sub-section (6) shall mean an order by which any proceeding pending before the Rent Tribunal is finally disposed of.

(15 Substituted by Rajasthan Rent Control(Amendment) Act.2011 Published in the Rajasthan Gazette Extra-Ordinary Pt 4-(A) 22.09.2011 16 Substituted by Act No. 18 of 2005 dated 20.10.2005 17 Substituted by Act No. 1 of 2006 dated 22.02.2006 )

19-A. Power of Tribunal to order payment of rent and arrears thereof during pendency of petition or appeal.--

On application of the landlord, the Tribunal shall, after hearing the parties to the petition or appeal, as the case may be, order that the tenant shall pay to the landlord all dues on account of rent forthwith and shall continue to pay the rent during the pendency of the petition or appeal, as the case may be, as and when it becomes due.

(8 Inserted By THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017 )

20.Execution of the orders.-

(l) The Rent Tribunal shall, on application of any party, execute in the manner prescribed, a final order or any other order passed under this Act by adopting any one or more of the following modes, namely:-

(a)attachment and sale of the movable or immovable property of the opposite party;

(b)arrest and detention of the opposite party;

(c) attachment of any one or more bank accounts of the opposite party and satisfaction of the amount of order to be paid from such account;

(d) attachment of salary and allowance of a Government servant or employee of any nationalized bank, local authority, corporation, Government company;

(e) appointing any advocate as Commissioner on such remuneration as may be fixed or deputing any officer of the Tribunal or local administration or local body for execution of the order.

(f) delivery of possession of the applicant.

(2) The Tribunal may, in order to execute the final order or any other order passed underthis Act require the help from the local administration or local body or the police.

(3) If the tenant does not vacate the premises within three months of the date of issue of certificate for recovery of the possession, he shall be liable, from the date of issue of certificate, for recovery of possession to pay mesne profits at the rate of 2 times the rent in case of premises let out for residential purposes, at the rate of 3 times the rent,in case of premises let out for commercial purposes and at the rate of 3 times the rentin case certificate for recovery of immediate possession has been issued under section 16.

(4) The Rent Tribunal shall conduct the execution proceedings, in relation to a final order or any other order passed under this Act in summary manner and dispose of theapplication for execution made under this section within forty five days from the dateof service of notice on opposite party.

Explanation :-

Filing of an appeal or other proceeding against the order of issue of certificate for recovery of possession or immediate possession will not save the tenant from his liability to pay mesne profits, at the rates specified under sub-section (3), unless specifically ordered otherwise by the Appellate Rent Tribunal or the Court before which such an order is under challenge and if the order of issue of recovery certificate is finally maintained, the tenant shall be liable to pay mesne profits at the rates specified under sub section (3) from the date on which the recovery certificate was initially issued.

21. Procedure and powers of the Rent Tribunal and the Appellate Rent Tribunal.-

(l) 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 or 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 and such witness can be produced, may order attendance for examination or cross-examination of such a witness.

(2) The documents filed before the Rent Tribunal by the petitioner shall be distinctly marked by him as Ex-1, Ex-2 and so on in the red ink and the documents filed by the respondent shall be similarly distinctly marked by him as Ex-A 1, Ex-A 2 and so on in red ink and in the affidavits the documents shall be referred by these exhibit marks and signatures or other parts of the documents referred to in the affidavits shall be distinctly marked by the party filing the document as A to B or C to D and so on in red ink.

(3) The Rent Tribunal and the Appellate Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), but shall be guided by the principal of natural justice and subject to other provisions of this Act or the Rules made thereunder and shall have powers to regulate their own procedure, and for the purpose of discharging their--functions under this Act they shall have, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of. 1908) while trying a suit or an appeal in respect of followingmatters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) reviewing its decision;

(d) issuing commissions for the examination of witnesses or documents;

(e) dismissing petition for default or deciding it ex-parte;

(f) setting aside any order of dismissal of any petition for default or any order passed byit ex-parte ;

(g) bringing legal representatives on record; and

(h) any other , matter as may be prescribed.

(4) Rent Tribunal shall not grant any adjournment without written application andrecording the reasons therefor in writing.

(5) Any proceeding before the Rent Tribunal or Appellate Rent Tribunal shall deemed beto be a judicial ,proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860) and the Rent Tribunal or the Appellate 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(Central Act No. 2 of 1974).

19[21-A. Procedure and power of the Rent Authority.--

The provisions contained in Sec. 21 with regard to procedure and powers of Rent Tribunal shall mutatis mutandis be applicable to the Rent Authority while entertaining, hearing and deciding the petitions or applications presented, or with respect to the information furnished, to him as if the word "Rent Authority" was substituted for the words "Rent Tribunal" wherever occurring therein.

(19 Inserted By THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017 )

22. Model Forms.-

Every petition or appeal so far as possible shall be in the model form specified in Schedule A and Schedule B, and every recovery certificate shall be in the model form specified in Schedule C, of this Act.

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