Beruflich Dokumente
Kultur Dokumente
15 of 1960
The Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act,
1960 Received the assent of the President on 25th March, 1960
Published in A.P. Gazette (Ext.) Part IV-B, dated 21-4-1960. An Act to
consolidate and amend the law relating to the regulation of leasing of
buildings, the control of rent thereof and the prevention of
unreasonable eviction of tenants therefrom in the State of Andhra
Pradesh. Be it enacted by the Legislature of the State of Andhra
Pradesh in the Eleventh Year of the Republic of India as follows:
(1) This Act may be called the Andhra Pradesh Buildings (Lease, Rent
and Eviction) Control Act, 1960.
(2)
(a) This Act, except sub-section (2) of Section 3, shall apply to the
cities of Hyderabad and Secunderabad *[Visakhapatnam and
Vijayawada] *[and to all Municipal Corporations and Municipalities in
the State of Andhra Pradesh].
Section 2 Definitions
(b) any furniture supplied or any fittings affixed by the landlord for use
in such house or hut or part of a house or hut, but does not include a
room in a hotel or boarding house;
(1)
(a) Every landlord shall within ten days after the building becomes
vacant by his ceasing to occupy it, or by the termination of a tenancy,
or by the eviction of the tenant or by release from requisition or
otherwise give notice of the vacancy in writing to the officer authorised
in that behalf by the Government.
(b) Every notice given under clause (a) shall contain such particulars
as may be prescribed.
Explanation :- This sub-section shall not apply where the building has
been sub-let by a tenant entitled to do so, after giving due notice to
the authorised officer under sub-section (1) and in conformity with the
provisions of this Section.
(3) If, within fifteen days of the receipt by the authorised officer of a
notice under sub-section (1) or sub-section (2), the Government or
the authorised officer does not intimate to the landlord in writing that
the building is required for the purposes of the State Government or
the Central Government or of any local authority or of any public
institution under the control of any such Government, or for the
occupation of any officer of such Government, the landlord shall be at
liberty to let out the building to any tenant or to occupy it himself.
(4)
(5) The landlord shall not let the building to a tenant or occupy it
himself, before the expiry of the period of fifteen days specified in sub-
section (3), unless in the meantime he has received intimation that
the building is not required for the purposes, or for occupation by any
of the officer, specified in that sub-section.
Provided that -
(i) Where the landlord fails to deliver possession of the building to the
authorised officer within forty-eight hours of the receipt of the
intimation that the building is required for any of the purposes, or for
occupation by any of the officers specified in sub-section (3) or within
such further time as the authorised officer may by order in writing
allow, the Government shall be deemed to be the tenant of the
landlord only from the date on which he delivers possession;
(iii) the rent payable shall be the fair rent, if any, fixed for the building
under the provisions of this Act; and if no fair rent has been so fixed,
such reasonable rent as the authorised officer may determine;
(iv) the reasonable rent fixed by the authorised officer under the
foregoing proviso shall be subject to such fair rent as may be
determined by the Controller;
(7) In cases not falling under sub-section (6) where the landlord,
without having occupied the building himself, lets it to any tenant after
a notice is given to the authorised officer under sub-section (1) or sub-
section (2), the tenancy shall be deemed to have been ante-dated by
the number of days during which the landlord was prohibited from
letting the building to any tenant by virtue of sub-section (5) and the
tenant shall be liable to pay rent for those days also.
(8)
(c) Any landlord, tenant or other person or any officer, local authority
or public institution, liable to be summarily dispossessed under clause
(a), shall pay to the Government
(i) the fair rent payable for the building under the provisions of this Act
for the period of his or its occupation or possession thereof as
described in that clause; and
(a) to a residential building the monthly rent of which does not exceed
twenty-five rupees; or
(2) In fixing the fair rent under this section the Controller shall have
due regard -
(a) to the prevailing rates of rent in the locality for the same or similar
accommodation in similar circumstances during the twelve months
prior to the 5th April, 1944;
(b) to the rental value as entered in the property tax assessment book
of the concerned local authority relating to the period mentioned in
clause (a);
(c) to the circumstances of the case, including any amount paid by the
tenant by way of premium or any other like sum in addition to rent
after the 5th April, 1944.
(3) In fixing the fair rent of residential buildings, the Controller may
allow
(i) if the rate of rent or rental value referred to in sub-section (2) does
not exceed twenty-five rupees per mensem, an increase not exceeding
12 1/2per cent on such rate or rental value;
(ii) if the rate of rent or rental value exceeds twenty-five rupees per
mensem, but does not exceed fifty rupees per mensem, an increase
not exceeding 18 3/4 per cent on such rate or rental value;
(iii) if the rate of rent or rental value exceeds fifty rupees an increase
not exceeding 37 1/2 per cent, on such rate or rental value : Provided
that in the case of residential building which has been constructed
after the 5th April, 1944, the percentage of increase shall not exceed
37 1/2, 56 1/4 and 75 respectively.
(i) if the rate of rent or rental value referred to in sub-section (2) does
not exceed fifty rupees per mensem, an increase not exceeding 56¬
per cent, on such rate or rental value;
(ii) if the rate of rent or rental value exceeds fifty rupees per mensem,
an increase not exceeding 75 per cent, on such rate or rental value :
Provided that in the case of a non-residential building which has been
constructed after the 5th April, 1944, the percentage of increase shall
not exceed 75 and 150 respectively.
(5) In the case a building for which the fair rent has been fixed before
the commencement of this Act, the Controller shall, on the application
of the landlord, allow such increase in the fair rent as in the opinion of
the Controller, the landlord is entitled to under this section.
(1) When the fair rent of a building has been fixed under this Act, no
further increase in such fair rent shall be permissible except in cases
where some addition, improvement or alteration has been carried out
at the landlord's expense and if the building is then in the occupation
of a tenant, at his request :
Provided that the increase shall be calculated at a rate per annum not
exceeding six per cent of the cost of such addition, improvement or
alteration carried out and the fair rent as increased under this sub-
section shall not exceed the fair rent payable under this Act for a
similar building in the same locality with such addition, improvement
or alteration;
Provided further that any dispute between the landlord and the tenant
in regard to any increase claimed under this sub-section shall be
decided by the Controller.
(2) Where after the fair rent of a building has been fixed under this
Act, there is a decrease or diminution in the accommodation or
amenities provided, the tenant may claim a reduction in the fair rent
as so fixed :-
Provided that any dispute between the landlord and the tenant in
regard to any reduction so claimed shall be decided by the Controller.
(1) Where the amount of taxes and cesses payable by the landlord in
respect of any building to a local authority is enhanced after the
fixation of the fair rent under Section 4, the landlord shall be entitled
to claim half of such excess from the tenant in addition to the rent
payable for the building under this Act :
(a) the landlord shall not claim, receive or stipulate for the payment of
(i) any premium or other like sum in addition to such fair rent, or (ii)
save as provided in Section 5 or Section 6, anything in excess of such
fair rent :
Provided that the landlord may receive, or stipulate for the payment of
an amount not exceeding one month's rent by way of advance;
(b) save as provided in clause (a), any premium or other like sum or
any rent paid in addition to, or in excess of, such fair rent, whether
before or after the commencement of this Act, in consideration of the
grant, continuance or renewal of the tenancy of the building after such
commencement, shall be refunded by the landlord to the person by
whom it was paid or at the option of such person, shall be otherwise
adjusted by the landlord :-
Provided that where before the determination of the fair rent, rent has
been paid in excess thereof, the refund or adjustment shall be limited
to the amount paid in excess for a period of six months prior to the
date of application by the tenant or the landlord under sub-section (1)
of Section 4 for fixing the fair rent.
(2) Where the fair rent of a building has not been so fixed -
(a) the landlord shall not, after the commencement of this Act, claim,
receive or stipulate for the payment of any premium or other like sum
in addition to the agreed rent :-
Provided that the landlord may receive, or stipulate for the payment
of, an amount not exceeding one month's rent by way of advance;
(b) save as provided in clause (a), any sum paid in excess of the
agreed rent whether before or after the commencement of this Act, in
consideration of the grant, continuance or renewal of the tenancy of
the building after such commencement, shall be refunded by the
landlord to the person by whom it was paid or, at the option of such
person, shall be otherwise adjusted by the landlord.
(2) Where a landlord refuses to accept, or evades the receipt of, any
rent lawfully payable to him by a tenant in respect of any building, the
tenant may, by notice in writing, require the landlord to specify within
ten days from the date of receipt of the notice by him, a bank into
which the rent may be deposited by the tenant to the credit of the
landlord :-
Provided that such bank shall be one situated in the city, town or
village in which the building is situated or if there is no such bank in
such city, town or village, within three miles of the limits thereof.
(3) If the landlord specifies a bank aforesaid, the tenant shall deposit
the rent in the bank and shall continue to deposit in at any rent which
may subsequently become due in respect of the building.
(4) If the landlord does not specify a bank as aforesaid the tenant
shall remit the rent to the landlord by money order, after deducting
the money order commission and continue to remit any rent which
may subsequently become due in respect of the building in the same
manner until the landlord signifies by a written notice to the tenant his
willingness to accept the rent or specifies a bank in which the rent
shall be deposited in accordance with the provisions of sub-section (2).
(5) If the landlord refuses to receive the rent remitted by money order
under sub-section (4), the tenant may deposit the rent before such
authority and in such manner as may be prescribed, and continue to
deposit any rent which may subsequently become due in respect of
the building, before the same authority and in the same manner, and
the amount deposited may, subject to such conditions as may be
prescribed, be withdrawn by the person held by the Controller, to be
entitled to the amount on application made by such person to the
Controller in that behalf.
(2) The amount deposited under sub-section (1) may subject to such
conditions as may be prescribed, be withdrawn by the person held by
the Controller to be entitled to the amount on application made by
such person to the Controller in that behalf.
(3) Where any bona fide doubt or dispute arises as to the person who
is entitled to receive the rent for any building the tenant may deposit
such rent before such authority and in such manner as may be
prescribed and shall report to the Controller the circumstances under
which such deposit was made by him and may continue to deposit any
rent which may subsequently become due in respect of the building
before the same authority and in the same manner until the doubt is
removed or the dispute is settled by the decision of the competent
Court or by a settlement between the parties or until the Controller
makes an order under clause (b) of sub-section (4) as the case may
be.
(4)
(5) Where the Controller passes an order under clause (a) of sub-
section (4) any amount or amounts deposited under sub-section (3)
may be withdrawn only by the person who is declared by a competent
Court to be entitled thereto, or in case the doubt or dispute is removed
by a settlement between the parties, only by the person who is held
by the Controller to be entitled to the amount or amounts in
accordance with such settlement.
Provided that where the tenant, denies the title of the landlord or
claims right of permanent tenancy, the Controller shall decide whether
the denial or claim is bona fide and if he records a finding to that
effect, the landlord shall be entitled to sue for eviction of the tenant in
a Civil Court and the Court may pass a decree for eviction on any of
the grounds mentioned in the said sections, notwithstanding that the
Court finds that such denial does not involve forfeiture of the lease or
that the claim is unfounded.
(2) A landlord who seeks to evict his tenant shall apply to the
Controller for a direction in that behalf. If the Controller, after giving
the tenant a reasonable opportunity of showing cause against
application, is satisfied -
(i) that the tenant has not paid or tendered the rent due by him in
respect of the building within fifteen days after the expiry of the time
fixed in the agreement of tenancy with his landlord or in the absence
of any such agreement, by the last day of the month next following
that for what the rent is payable, or
(ii) that the tenant has, in the Andhra Area, after the 23rd October,
1945, and in the Telangana area after the commencement of the
Hyderabad Houses Rent Control Order of 1353-Fasli, without the
written consent of the landlord
(a) transferred his right under the lease or sub-let the entire building
or any portion thereof if the lease does not confer on him any right to
do so, or
(b) used the building for a purpose other than that for which it was
leased, or
(iii) that the tenant has committed such acts of waste as are likely to
impair materially the value or utility of the building, or
(iv) that the tenant has been guilty of such acts and conduct which are
a nuisance to the occupiers of other portions in the same building or
buildings in the neighbourhood, or
(vi) that the tenant has denied the title of the landlord or claimed a
right of permanent tenancy and that such denial or claim was not bona
fide, the Controller shall make an order directing the tenant to put the
landlord in possession of the building and if the Controller is not so
satisfied, he shall make an order rejecting the application :
Provided that in any case falling under clause (i), if, the Controller is
satisfied that the tenant's default to pay or tender rent was not wilful,
he may, notwithstanding any thing in Section 11, give the tenant a
reasonable time, not exceeding fifteen days, to pay or tender the rent
due by him to the landlord up to the date of such payment or tender
and on such payment or tender, the application shall be rejected.
(3)
(a) A landlord may subject to the provisions of clause (d), apply to the
Controller for an order directing the tenant to put the landlord in
possession of the building
(b) if the landlord who has more buildings than one in the city, town or
village concerned is in occupation of one such building and he bona
fide requires another building instead, for his own occupation;
(a) for the purpose of a business which he is carrying on, on the date
of the application, or
(b) for the purpose of a business which in the opinion of the Controller,
the landlord bona fide proposes to commence :
(d) Where the tenancy is for a specified period agreed upon between
the landlord and the tenant, the landlord shall not be entitled to apply
under this sub-section before the expiry of such period;
(e) The Controller shall, if he is satisfied that the claim of the landlord
is bona fide, makes an order directing the tenant to put the landlord in
possession of the building on such date as may be specified by the
Controller and if the Controller is not so satisfied, he shall make an
order rejecting the application
Provided further that the Controller may give the tenant a reasonable
time for putting the landlord in possession of the building and may
extend such time so as not to exceed three months in the aggregate.
(ii) in respect of any building which has been left for use as an
educational institution and is actually being used as such, provided
that the institution has been recognised by the Government or any
authority empowered by them in this behalf, so long as such
recognition continues.
(5)
Provided that this clause shall not apply to a residential building the
monthly rent of which does not exceed twenty five rupees or to a non-
residential building the monthly rent of which does not exceed fifty
rupees.
(1) No tenant against whom an application for eviction has been made
by a landlord under Section 10, shall be entitled to contest the
application before the Controller under that section, or to prefer any
appeal under Section 20 against any order made by the Controller on
the application, unless he has paid to the landlord or deposits with the
Controller or the appellate authority, as the case may be, all arrears of
rent due in respect of the building up to the date of payment or
deposit and continues to pay or deposit any rent which may
subsequently become due in respect of the building, until the
termination of the proceedings before the Controller or the appellate
authority, as the case may be.
(2) The deposit of rent under sub-section (1) shall be made within the
time and in the manner prescribed.
(4) If any tenant fails to pay or to deposit the rent as aforesaid, the
Controller or the appellate authority, as the case may be, shall, unless
the tenant shows sufficient cause to the contrary, stop all further
proceedings and make an order directing the tenant to put the
landlord in possession of the building.
(5) The amount deposited under sub-section (1) may, subject to such
conditions as may be prescribed, be withdrawn by the landlord on
application made by him in that behalf to the Controller or the
appellate authority, as the case may be.
(a) that the building is reasonably and bona fide required by the
landlord for carrying out repairs, alterations or additions which cannot
be carried out without the building being vacated; or
(b) that the building consists of not more than two floors and is
reasonably and bona fide required by the landlord for the immediate
purpose of demolishing it and such demolition is to be made for the
purpose of erecting a new building on the site of the building sought to
be demolished, pass an order directing the tenant to deliver
possession of the building to the landlord before a specified date.
(3) In case the tenant, to whom the building or the new building, as
the case may be, is offered under sub-section (2) by the landlord does
not want to occupy it the landlord shall give notice of vacancy in
writing to the authorised officer under sub- section (1) of Section 3.
(4) Nothing in this section shall entitle the landlord, who has recovered
possession of the building for repairs, alterations or additions or for
reconstruction to convert a residential building into a non-residential
building or a non-residential building into a residential building unless
such conversion is permitted by the Controller at the time of passing
an order under sub-section (1).
(a) that the building is reasonably and bona fide required by the
landlord for carrying out repairs, alterations or additions which cannot
be carried out without the building being vacated; or
(b) that the building consists of not more than two floors and is
reasonably and bona fide required by the landlord for the immediate
purpose of demolishing it and such demolition is to be made for the
purpose of erecting a new building on the site of the building sought to
be demolished, pass an order directing the allottee to deliver
possession of the building to the landlord before a specified date.
(3) Nothing in this section shall entitle the landlord, who has recovered
possession of the building for repairs, alterations or additions or for
reconstruction to convert a residential building into a non-residential
building or a non-residential building into a residential building unless
such conversion is permitted by the authorised officer at the time of
passing an order under sub-section (1).
(3) If the tenant satisfies the Controller that the amenities were cut off
or withheld without just or sufficient cause, the Controller may pass an
interim order, directing the landlord to restore the amenities
immediately, pending the inquiry referred to in sub-section (4).
(4) If the Controller on inquiry finds that the tenant has been in
enjoyment of the amenities and that they were cut off or withheld by
the landlord without just or sufficient cause, he shall make an order
directing the landlord to restore such amenities.
(5) If any of the amenities enjoyed by the tenant are stopped by any
person other than the landlord by reason of the landlord's failure to
pay the taxes or other charges, the tenant may pay such taxes or
other charges and have the amenities restored and deduct from the
rent the amounts so paid by him towards such taxes or other charges.
(6) The Controller may in his discretion direct that compensation not
exceeding fifty rupees -
(a) be paid to the landlord by the tenant, if the application under sub-
section (2) was made frivolously or vexatiously;
(b) be paid to the tenant by the landlord, if the landlord has cut off or
withheld the amenities frivolously or vexatiously.
Every order made under Section 10, Section 12, Section 13 or Section
14 and every order passed on appeal under Section 20 or on revision
under Section 22 and every order as to costs under Section 21 shall be
executed by the Controller :
Provided that an order passed in execution under this section shall not
be subject to an appeal, but shall be subject to revision under Section
22.
Provided that the cost of repairs, and the deduction thereof which the
authorised officer or the Controller, as the case may be, may authorise
shall not exceed in any one year one-twelfth of the rent payable in
respect of the building for that year.
Section 20 Appeal
(2) On such appeal being preferred, the appellate authority may order
stay of further proceedings in the matter pending decision on the
appeal.
(3) The appellate authority shall send for the records of the case from
the Controller and after giving the parties an opportunity of being
heard and, if necessary, after making such further inquiry as he thinks
fit either personally or through the Controller, shall decide the appeal.
Explanation :- The appellate authority may, while confirming the order
of eviction passed by the Controller grant an extension of time to the
tenant for putting the landlord in possession of the building.
Section 21 Costs
Explanation:- The appellate authority may set aside or vary any order
passed by the Controller in regard to the costs of and incident to the
proceedings before him.
Section 22 Revision
(1) The High Court may, at any time, on the application of any
aggrieved party, call for and examine the records relating to any order
passed or proceeding taken under this Act by the Controller in
execution under Section 15 or by the appellate authority on appeal
under Section 20, for the purpose of satisfying itself as to the legality,
regularity or of propriety of such order in reference thereto as it thinks
fit.
(2) The costs of and incidental to all proceedings, before the High
Court under sub-section (1) shall be in its discretion.
Any order for the eviction of a tenant passed under this Act shall be
binding on all sub-tenants under such tenant whether they were
parties to the proceeding or not and whether they became sub-tenants
before or after the date of the application for eviction provided that
such order was not obtained by fraud or collusion.
(2) Where any application, appeal or other proceeding could have been
made, preferred or taken, under this Act by or against any person,
such application, appeal or other proceeding, may, in the event of his
death, be made, preferred or taken by or against his legal
representatives.
Section 26 Exemptions
Section 29 Penalties
(c) the manner in which notices and orders, under this Act shall be
given or served;
(g) the fee leviable in respect of applications and appeals under this
Act; and
(3) In making a rule under this section, the Government may provide
that a person who contravenes any of the provisions thereof shall be
punishable with fine which may extend to two thousand rupees.
(4) All rules made under this section, shall, as soon as may be after
they are made, be laid on the table of both the Houses of the State
Legislature for fourteen days and shall be subject to such modification,
whether by way of repeal or amendment, as the State Legislature may
make during the session in which they are so laid.
The Madras Buildings (Lease and Rent Control) Act, 1949 (Madras Act
XXV of 1949), and the Hyderabad Houses (Rent, Eviction and Lease)
Control Act, 1954 (Hyderabad Act XX of 1954) (hereinafter in this
section referred to as the Repealed Acts) are hereby repealed :-
(a) the previous operation of the Repealed Acts or anything duly done
or suffered thereunder; or
(1) No suit, prosecution or other legal proceeding shall lie in any Court
against any officer or servant of the Government or any person acting
under his direction or aiding or assisting him, for anything which is in
good faith done or intended to be done in pursuance of or under this
Act.
(2) No suit or other legal proceeding shall lie against the Government
for, or on account of or in respect of, any act, matter or thing
whatsoever, purporting to have been done in pursuance of or under
this Act.
(1) If any difficulty arises in giving effect to the provisions of this Act,
in consequence of the transition to the said provisions from the
corresponding provisions of the Acts, which were in force immediately
before the commencement of this Act, the Government may, by order
in the Andhra Pradesh Gazette, make such provisions as appear to
them to be necessary or expedient for removing the difficulty.
(2) If any difficulty arises in giving effect to the provisions of this Act
(otherwise than in relation to the transition from the provisions of the
corresponding Acts, which were in force before the commencement of
this Act), the Government may, by order in the Andhra Pradesh
Gazette, make such provisions, not inconsistent with the purposes of
this Act, as appear to them to be necessary or expedient for removing
the difficulty.
RULE:
Rule 1 Rule
These Rules may be called the Andhra Pradesh Buildings (Lease, Rent
and Eviction) Control Rules, 1961.
Rule 2 Rule
(d) The expressions used in these rules which have been defined in the
Act shall have the same meaning as are assigned to them in the Act.
Rule 3 Rule
(3) Name and address of the landlord if the particulars are furnished
by the tenant and name of the tenant if the particulars are furnished
by the landlord.
(4) Whether the building is residential or non-residential.
(5) Whether any furniture is supplied by the landlord for use in the
building.
(11) Whether fair rent has been fixed under the Act and if so, the
amount of such fair rent and the date from which it took effect.
(12) In the case of residential building, the number of persons
occupying the same and in the case of non-residential building, the
purpose for which the building is used and the number of employees, if
any working therein.
Rule 4 Rule
Rule 5 Rule
(2) The challan accompanying the deposit of the rent shall be in the
Andhra Pradesh Treasury Code, Form No.10 in triplicate and shall
specify
(a) the name and address of the tenant by whom or on whose behalf
the rent is deposited;
(b) the name and address of the landlord entitled to receive the rent
deposited;
(c) the rent at which and the period for which the rent is deposited;
(d) the description of the building in respect of which the rent is
deposited;
(e) the provision of the Act including the circumstances under which
the rent is deposited; and
(f) the head of account to which the rent is credited, namely "P.II
Deposits and Advances - (Deposit and bearing interest) - C. Other
Deposit Accounts - Civil Deposits - Personal Deposits - Personal Ledger
Account of the Controller or appellate authority, as the case may be."
(3) One copy of the challan for the deposit of rent returned by the
State Bank of Hyderabad, Controller's Office or Treasury, as the case
may be, after endorsing thereon the receipt of the amount deposited,
shall be delivered in the office of the Controller or the appellate
authority, as the case may be.
(5) Every Controller and every appellate authority shall cause proper
accounts to be maintained in their office for the rents deposited under
sub-section (5) of Section 8 or Section 9 or Section 11.
(6) A tenant against whom an application for eviction has been made
before the Controller shall deposit all the arrears of rent due by him, if
any, in respect of the building within such reasonable time, not
exceeding 15 days, as may be specific by the Controller.
Rule 6 Rule
(1) Any person, who is entitled and who desires to receive the rent
deposited under sub-section (5) of Section 8 or Section 9 or Section
11 shall present an application for the purpose to the Controller
supported by an affidavit showing how he is entitled to receive the
rent deposited : Provided that no affidavit in support of the application
shall be required in the case of any order passed by the Controller
under sub-section (4)(b) of Section 9 or by a competent Court under
sub-section (5) of Section 9, if a copy of the order thereof is attached
to the application.
(3) On production of the order passed under sub-rule (2) directing the
payment to the applicant, the Controller or the appellate authority, as
the case may be, shall, after obtaining a stamped receipt from the
applicant arrange for the payment of the rent by issuing a cheque in
the name of the applicant on the State Bank of Hyderabad or the
Treasury in which the rent has been deposited. The applicant shall also
acknowledge the receipt of the cheque on the back of its counterfoil.
(4) Every Controller and every appellate authority shall cause proper
accounts to be maintained in their offices for the payments made out
of the rents deposited under sub-section (5) of Section 8 or Section 9
or Section 11.
Rule 7 Rule
(1) Every application under the Act shall in addition to the particulars
necessary to support it, contain also the particulars prescribed in Rule
3 so far as they may be applicable and every application for eviction
under Section 10 shall also state the grounds on which the application
is made, accompanied by the agreement of tenancy, if any, rent
receipt and a copy of the notice issued to the tenant.
[x x x x x ]
[Provided further that in the other areas of the State where there are
more than one Controller, one shall be designed by the High Court as
the Principal Controller and every application shall be presented before
the Principal Controller who shall subject to the supervision of the
appellate authority, either conduct enquiry and dispose of the
application himself or assign the application to any of the other
Controllers having jurisdiction for enquiry and disposal.
(4) The parties or their Counsel shall produce, at the first hearing of
the case, all the documentary evidence of every description in their
possession or power on which they intend to rely, and which has not
already been filed, and all documents which the Controller has ordered
to be produced, and the Controller shall receive the documents so
produced.
(6) The Controller may at any stage of the case reject any document
which he considers irrelevant or otherwise inadmissible, recording the
grounds of such rejection.
(7)
(8)
(10)
(ii) Documents not admitted in evidence shall not form part of the
record and shall be returned to the persons respectively producing
them.
(12)
(a) where the case is one in which an appeal is not allowed, when the
case has been disposed of, and
(b) where the case is one in which an appeal is allowed, when the
Controller is satisfied that the time for preferring an appeal has
elapsed and that no appeal has been preferred, or, if an appeal has
been preferred when the appeal has been disposed of :
Rule 8 Rule
Provided that no order shall be set aside under this sub-rule unless the
opposite party has been served with a notice in this regard;
Rule 9 Rule
(ii) if on any application for transfer by any party in the case, the
appellate authority is satisfied that there are sufficient grounds for the
transfer; or
Rule 10 Rule
(2) Every appeal under the Act shall be accompanied by a spare copy
of sufficient number of spare copies thereof for service on the
respondent or respondents mentioned therein.
Rule 11 Rule
(1) When an appeal under the Act is preferred the appellate authority
shall fix a day for hearing the appeal and send notice thereof to the
appellant or appellants and the respondent or respondents mentioned
in the appeal and shall also send a copy of the appeal along with the
notice to the respondent or respondents.
(2) If the appellate authority decides to make further inquiry, he may
take additional evidence or require such evidence to be taken by the
Controller.
Provided that no order shall be set aside under this sub-rule unless the
opposite party has been served with a notice in this regard.
Rule 12 Rule
The High Court may transfer an appeal from the file of the appellate
authority,
(ii) if, on an application for transfer by any party in the appeal, the
High Court is satisfied that there are sufficient grounds for such
transfer.
Rule 13 Rule
In cases falling under Section 5 of the Act or in any other case under
the Act, the Collector or the appellate authority concerned may, if he
thinks fit to do so, personally inspect the building concerned after
giving notice to the parties concerned *[and record a note of
inspection in brief. Every such note shall form part of the record of the
case, a copy of which may be furnished to the party concerned in
accordance with these Rules.]
Rule 14 Rule
The landlord or tenant or any other occupant of the building shall keep
the building open for inspection by the authorised officer or any person
authorised by him in that behalf and shall not obstruct or cause to
obstruct the entry of the said officer or person into the building.
Rule 15 Rule
[Provided that in any such proceeding where the Union of India or the
State of Andhra Pradesh or any public servant under the Union or the
State in his official capacity, are parties, no Government or other
pleader appearing on their behalf shall be required to present any
document empowering him to act, but such pleader shall file a
memorandum of appearance signed by him and such memorandum of
appearance need not be stamped.]
Rule 16 Rule
(1) All notices under the Act issued by the Controller or the appellate
authority and all orders passed by the Controller or the appellate
authority if not pronounced in open Court shall be served on the
person concerned:
(b) if such person is not found, by leaving the notice or order at his
last known place of abode or business or by giving or tendering the
same to some adult member of his family; or
(c) if such person does not reside in the area within the jurisdiction of
the Controller or the appellate authority, by sending the same to him
by registered post, acknowledgment due; or
Rule 17 Rule
(1) In respect of every application filed under the Act the applicant or
applicants, as the case may be, in the Court of the Rent Controller,
shall pay, whenever the service of any notice or order issued under the
Act is directed to be executed through Court in the shape of Court-fee
stamps of the value of Rs.8-00 (Rupees eight only) in the case of the
first respondent and in the case of every additional respondent at the
rate of Rs.4-00 (Rupees four only) if such additional respondent or
respondents are living at the same address.
(4) Court fee payable on vakalath shall be Rs.2-00 (Rupees two only)
in any Court.
(6) Application for certified copies shall bear Court fee stamp of Rs.0-
25 ps. (Twenty five paise only).
(8) Court fee payable for service of notice of deposit under Rule 5 shall
be Rs.1-00 (Rupee one only).]
Rule 18 Rule
(1) Any person affected by any order passed by the Controller or the
appellate authority shall be entitled to be furnished with a copy thereof
and any other connected document duly certified by the Controller or
the appellate authority, as the case may be, on application, provided
that a certified copy of the document applied for shall be furnished on
ordinary white paper supplied by the applicant.
(2) The application shall state whether the applicant has any and what
interest in the subject-matter of the document, and purpose for which
a copy is required and if the same is required for the purpose of an
intended or pending proceeding, the nature of the said proceeding,
and the relevancy of the document to the case of the applicant.
(3) One paper shall be furnished for every 416 words or fraction
thereof.
(4) The first 176 words shall be written on the front page and the rest
shall be written on the reverse.
(5) *[The copying fee for each page of not more than 175 words shall
be 60 paise and shall be paid in the form of court-fee stamps.]
(6) Four figures shall be taken as equivalent to one word, and words in
the Indian languages with short suffixes and inflections shall be
counted as single words.
Rule 19 Rule
(1)Every application for making the legal representative or, as the
case may be, the legal representatives of a deceased person party to a
proceeding under the Act shall be preferred within thirty days from the
date of the death of the person concerned.
Rule 20 Rule
Rule 21 Rule
Rule 22 Rule
(1) Every summons issued under the Act shall be in writing, shall be
authenticated by the seal, if any, of the officer by whom it is issued
and shall be signed by such officer or by any person authorised by him
in writing in that behalf.
(2) It shall require that the person summoned to appear before the
said officer at a stated time and place and shall specify whether his
attendance is required for the purpose of giving evidence, or to
produce a document or for both purposes; and any particular
document, the production of which is required, shall be described in
the summons with reasonable accuracy.
(3) Any person may be summoned to produce a document without
being summoned to give evidence; and any person summoned merely
to produce a document shall be deemed to have complied with the
summons if he causes such document to be produced through an
authorised agent instead of attending personally to produce the same.
(4) The service of summons under the Act on the person shall be
effected in any of the following ways :
(b) if such person is not found, by leaving it at his last known place of
abode or business or by giving or tendering it to some adult member
of his family; or
(5) Where the serving officer delivers or tenders copy of the summons
to the respondent personally or to an agent or other person on his
behalf, he shall require the signature of the person to whom the copy
is so delivered or tendered to an acknowledgment of service endorsed
on the original summons.
(6) The serving officer shall in all cases in which the summons has
been served under sub-rule (5) endorse or annex, or cause to be
endorsed or annexed on or to the original summons a return stating
the time when and the manner in which the summons was served, the
name and address of the person, if any, identifying the person served
and witnessing the delivery or tender of the summons.
(7) The Controller or the appellate authority, as the case may be, shall
have power to administer oaths, to require the attendance of all
parties concerned and of witnesses and require the production of all
books and documents relating to the matter of the dispute.
(8) The Controller or the appellate authority deciding the dispute shall
record a brief note of the evidence of the parties and witnesses who
attend, and upon the evidence so recorded and after consideration of
any documentary evidence produced by the parties, a decision shall be
given in accordance with justice, equity and good conscience by the
Controller or appellate authority. The decision given shall be reduced
to writing. If any party duly summoned to attend, does not attend, the
dispute may be decided ex parte :
Rule 23 Rule
(1) Every application for the execution of order passed under this Act
shall be in writing, signed and certified by the decree holder and filed
before the Controller within six months from the date of the order
accompanied by a certified copy of the order concerned together with
the necessary process fee : [Provided that an application may be
admitted after the specified period, if the applicant satisfies the
Controller that he has sufficient cause for not preferring the application
within such period.]
(2) On receipt of an application for the execution of orders as provided
by sub-rule (1), the Controller shall ascertain whether all the
requirements have been complied, and if they have not been
complied, the Controller may reject the application or may allow the
defect to be remedied within the time to be fixed by him.
(3) Where the application is admitted, the Controller shall enter in the
proper register a note of the application, of the date on which it was
made and shall subject to the provisions herein after contained allow
execution of orders.
(4) Where the application for execution is made by or against the legal
representative of a party to the order, the Controller shall issue a
notice to the person or persons concerned directing him to show-cause
as to why the application should not be complied with.
Rule 24 Rule
Rule 25 Rule
Every party shall, within seven days from the date of pronouncement
of an order, furnish to the office of the Controller or the appellate
authority, as the case may be, a statement of the costs and expenses
incurred by him in the relevant form prescribed in the civil Courts,
under his or his Advocate's signature, which may include therein the
costs of preparation of service of process, the cost of production of any
public record or witnesses, of making and getting copies of pleadings,
affidavits and other proceedings, which by the rules are required to be
served on the opposite party, of search for encumbrances and of
obtaining encumbrance certificate whenever such certificates are
required to be produced, of any adjournments or interlocutory
application allowed to him and of the fees paid by him to his lawyer
and shall state the total amount claimed by him. The said statement
shall be checked by the officer of the Court, who shall note thereon the
sums, if any disallowed and the total amount allowed by him and shall
sign the same. If any party makes default in filing the said statement,
the officer of the Court shall be at liberty to allow such costs as he
may deem fit.
Rule 26 Rule
APPENDIX 1 FORM
FORM
shall be given.)
residential.
enclosed.
it took effect.
previously.
Place:
Date: Signature of the Landlord/Tenant
Act Type : Andhra Pradesh State Acts