Act Description : ANDHRA PRADESH BUILDINGS (LEASE, RENT AND

EVICTION) CONTROL ACT, 1960

Act Details :

 

ANDHRA PRADESH BUILDINGS (LEASE, RENT AND EVICTION) CONTROL ACT, 1960

15 of 1960 

21st, April 1960

 

STATEMENT OF OBJECTS AND REASONS At present, there are two Acts, in force in the State which relate to the regulation of leasing of buildings, control of rent thereof, and the prevention of unreasonable eviction of tenants there from namely, the Madras Buildings (Lease and Rent Control) Act 22 1949 (Madras Act XXV of 1949) and the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (Hyderabad Act XX of 1954). The former Act, is in force in the Andhra Area while the latter Act, is in force in the Telangana area of the State. In almost all material aspects the provisions in both the Acts, are similar. In order to secure uniformity in the administration of the law on the subject it is necessary to have a unified law applicable throughout the State. The Government have, therefore decided to integrate both the Acts. They have also decided to take the opportunity to incorporate some new provisions in the law so as to overcome certain difficulties experienced in the working of the existing Acts. The Bill is intended to give effect to the above decisions. Some of the important changes sought to be introduced in the law are the following : (a) to adopt 5th April, 1944 as the crucial date with reference to which the fair rent principles have to be applied by the Controller in determining the fair rent of a building; and (b) to enhance the existing percentage of increase, over and above

 

the rent or rental value of a building allowable by the Controller in fixing the fair rent of that building by 50 per cent in each category of building. Some of the important new provisions that are sought to be introduced in the law are the following : (a) to prevent a landlord who has obtained possession of a building for his occupation from letting out the whole or part of it without himself occupying it; (b) to make a provision empowering the Rent Controller to direct the tenant to hand over possession of a building to the landlord to enable him to reconstruct or renovate the old building, subject to certain safeguards; and (c) to provide for the Collector to be the appellate authority on the order of the Controller and the Board of Revenue to be the revisional authority in the Act itself with powers reserved for the Government so as to enable them to call for and examine the records of the subordinate authority in respect of their proceedings and pass suitable orders. (Vide Bill No.17 of 1959 published in A.P. Gazette Part IV-A, dated 31-7-1959.)

 

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:

 

Section 1 Short title and application

 

(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].

(b) Sub-section (2) of Section 3 shall apply to the cities of Hyderabad and Secunderabad, *[Visakhapatnam and Vijayawada] *[and to any Municipal Corporation or Municipality in the State of Andhra Pradesh], if the State Government, by notification in the Andhra Pradesh Gazette, so direct.

(c) The State Government may, by notification in the Andhra Pradesh Gazette, apply all or any of the provisions of this Act except sub-section (2) of Section 3 to any other area in the State of Andhra Pradesh with effect from such date as may be specified in the notification, and may cancel or modify any such notification.

Section 2 Definitions

 

In this Act, unless the context otherwise requires,

(i)'Andhra area' means the territories which immediately before the 1st November, 1956, were comprised in the State of Andhra;

 

(ii)'Authorised officer' means any officer authorised by the Government under sub-section (1) of Section 3.

 

(iii)'Building' means any house or hut or part of a house or hut, let or to be let separately for residential or non-residential purposes and includes :

 

(a) the gardens, grounds, garages and out-houses if any, appurtenant to such house, hut or part of such house or hut and let or to be let along with such house or hut or part of such house or hut;

(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;

 

(iv)'Controller' means any person not below the rank of a Tahsildar appointed by the Government to perform the functions of a Controller under this Act;

 

(v)'Government' means the State Government;

 

(vi)'Landlord' means the owner of a building and includes a person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another person or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant.

 

Explanation :- A tenant who sub-lets a building shall be deemed to be a landlord within the meaning of this Act in relation to the sub-tenant;

 

(vii)'Prescribed' means prescribed by rules made under this Act;

 

(viii)'Telangana area' means the territories specified in sub-section (1) of Section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);

 

(ix)'Tenant' means any person by whom or on whose account rent is payable for a building and includes the surviving spouse, or any son or daughter, of a deceased tenant who had been living with the tenant in the building as a member of tenant's family up to the death of the

tenant and a person continuing in possession after the termination of the tenancy in his favour, but does not include a person placed in occupation of a building, by its tenant or a person to whom the collection of rents or fees in a public market, cart-stand or slaughter-house or of rents for shops has been farmed out or leased by a local authority.

 

Section 3 Notice of vacancy

 

(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.

Explanation :- A landlord who, having obtained possession of a building under sub-section (3) of Section 10, lets the whole or part of it to a tenant shall be deemed to have failed to give notice under this section.

 

(b) Every notice given under clause (a) shall contain such particulars as may be prescribed.

 

(2) In any municipality (including the cities of Hyderabad and Secunderabad, *[Visakhapatnam and Vijayawada] to which this sub-section has been applied under clause (b) of sub-section (2) of Section 1, where the tenant of a building puts another person in occupation thereof and does not re-occupy it within a period of three months, then, on the expiry of such period, the tenancy shall be deemed to have terminated and it shall be the duty of the tenant, and also of the landlord if he is aware of such termination, to give notice thereof in writing to the authorised officer within seven days of such termination : Provided that where the tenant obtains written permission from the

authorised officer to re-occupy the building within a period of six months, this sub-section shall have effect as if for the period of three months specified therein a period of six months were substituted.

 

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)

 

(a) The authorised officer may, on receipt of an application from the landlord, or on receipt of a direction from the Government in pursuance of an application made to them by the landlord, release building for the occupation of the landlord.

(b) A landlord who has obtained possession of a building in pursuance of an order under clause (a) shall occupy it himself and if he does not himself occupy it but proposes either to let out or keep vacant the whole or any part of the building for a period exceeding that permitted by the authorised officer by order in writing, he shall give notice as required under sub-section (1) as if the building has fallen vacant.

(c) Where a landlord fails to give intimation to the authorised officer as required under clause (b), the Government or the authorised officer shall have power, if the building is required for any of the purposes, or for occupation by any of the officer specified in sub-section (3), to give

intimation to the landlord that the building is so required and thereupon the provisions of sub-section (6) and (8) shall apply to the building.

 

(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.

 

(6) If the building is required for any of the purposes, or for occupation by any of the officers specified in sub-section (3), the landlord shall deliver possession of the building to the authorised officer or to the allottee named by the authorised officer, as the case may be, and the Government shall be deemed to be the tenant of the landlord, with retrospective effect from the date on which the authorised officer received notice under sub-section (1) or sub-section (2), the terms of the tenancy being such as may be agreed upon between the landlord and the tenant and in default of an agreement, as may be determined by the Controller :-

 

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;

(ii) Where owing to any omission or act or obstructive or preventive tactics on the part of the landlord there has been delay in coming to a decision whether or not the building is required for any of the purposes, or for occupation by any of the officer specified in sub-section (3) the Government shall be deemed to be the tenant of the landlord only from such later date as may be fixed by the authorised officer having regard to the circumstances of each case;

(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;

(v) if the building is a residential building, it shall not be converted into a non-residential building, unless the permission in writing of the Controller is obtained under Section 18;

(vi) no structural alterations shall be made in the building unless the consent of the landlord is also obtained therefor.

 

 

(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)

 

(a) Any officer empowered by the Government in this behalf may summarily dispossess

(i) any landlord, tenant or other person occupying any building in contravention of the provisions of this section or any landlord who fails to deliver to the Government possession of any building in respect of which they are deemed to be the tenant by virtue of this section; or

(ii) any officer, local authority, or public institution continuing to occupy, or failing to deliver possession of, any building in respect of which the Government are deemed to be the tenant by virtue of this section, after

the termination of his or its licence to occupy such building, and take possession of the building including any portion thereof which may have been sublet.

Explanation :- The provisions of this clause shall apply also to cases which arose before the date of the commencement of this Act.

 

 

(b) If free access to the building is not afforded to the officer empowered under clause (a) he may after giving reasonable warning and facility to withdraw to any woman not appearing in public according to the customs of the country, remove or open any local or bolt or break open any door or do any other act necessary for effecting such dispossession.

(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

(ii) the expenses, if any, incurred by the Government in effecting such summary dispossession, as determined by them. (9) Nothing in this section shall apply

(a) to a residential building the monthly rent of which does not exceed twenty-five rupees; or

(b) to a non-residential building the monthly rent of which does not exceed fifty rupees; or

(c) to any building or buildings in the same city, town or village, owned by any company, association or firm, whether incorporated or not, and bona fide intended solely for the occupation of its officer, servants or agents.

Section 4 Determination of fair rent

 

(1) The Controller shall, on application by the tenant or landlord of a building, fix the fair rent for such building after holding such enquiry as the Controller thinks fit.

 

(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.

 

(4) In fixing the fair rent of a non-residential building, the Controller may allow -

 

(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.

Section 5 Increase in fair rent in what cases admissible

 

(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.

Section 6 Increase of rent in certain cases

 

(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 :

 

Provided that such excess shall not be recoverable insofar as it has resulted from an increase of rent in respect of the building.

 

(2) Any dispute between the landlord and the tenant in regard to any increase claimed under sub-section (1) shall be decided by the Controller.

Section 7 Landlord not to claim or receive anything in excess of fair rent or agreed rent

 

Where the Controller has fixed the fair rent of a building : -

(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.

 

(3) Any stipulation in contravention of sub-section (1) or sub-section (2) shall be null and void.

 

Section 8 Right of tenant paying rent or advance to receipt

 

(1) Every tenant who makes a payment on account of rent or advance shall be entitled to obtain a receipt for the amount paid duly signed by the landlord or his authorised agent.

 

(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.

Explanation :- It shall be open to the landlord to specify from time to time by a written notice to the tenant and subject to the proviso aforesaid, a bank different from the one already specified by him under this sub-section.

 

(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.

Section 9 Right of tenant to deposit rent in certain cases

 

(1) Where the address of the landlord or his authorised agent is not known to the tenant, he may deposit the rent lawfully payable to the landlord in respect of the building, 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 until the address of the landlord or his authorised agent becomes known to the tenant.

 

(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)

 

(a) The Controller to whom a report is made under sub-section (3) shall, if satisfied that a bona fide doubt or dispute exists in the matter, direct that, pending removal of the doubt or settlement of the dispute as aforesaid, the deposit be held by the authority concerned.

(b) If the Controller is not so satisfied, he shall forthwith order payment of the amount deposited to the landlord.

 

(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.

Section 10 Eviction of tenants

 

(1) A tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with the provisions of this section or Sections 12 and 13 :

 

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

(v) that the tenant has secured alternative building or ceased to occupy the building for a continuous period of four months without reasonable cause, 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

(i) in case it is a residential building -

(a) if the landlord is not occupying a residential building of his own in the city, town or village concerned and he requires it for his own occupation;

(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;

 

(ii) in case it is a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, if the landlord requires it for his own use and he is not occupying any such building in the city, town or village concerned which is his own or to the possession of which he is entitled whether under this Act or otherwise.

(iii) in case it is any other non-residential building, if the landlord is not occupying a non-residential building in the city, town or village concerned which is his own or to the possession of which he is entitled whether under this Act or otherwise

(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 :

Provided that a person who becomes a landlord after the commencement of the tenancy by an instrument inter vivos shall not be entitled to apply under this clause before the expiry of three months from the date on which the instrument was registered;

 

Provided further that where a landlord has obtained possession of a building under this clause he shall not be entitled to apply again under this clause -

 

(i) in case he has obtained possession of a residential building, for possession of another residential building of his own;

 

(ii) in case he has obtained possession of a non-residential building, for possession of another non-residential building of his own.

 

(b) Where the landlord of a building, whether residential or non- residential, is a religious, charitable, educational or other public institution, it may, if the building is required for the purposes of the institution, apply to the Controller, subject to the provisions of clause (a) for an order directing the tenant to put the institution in possession of the building;

(c) a landlord who is occupying only a part of a building, whether residential or non-residential, may, notwithstanding anything in clause (a), apply to the Controller for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession thereof, if he requires additional accommodation for residential purposes or for the purpose of a business which he is carrying on, as the case may be;

(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 that, in the case of an application under (c), the Controller shall reject the application if he is satisfied that the hardship which may be caused to the tenant by granting it will outweigh the advantage to landlord;

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.

 

 

(4) No order for eviction shall be passed under sub-section (3) -

 

(i) against any tenant who is engaged in any employment or class of employment notified by the Government as an essential service for the purposes of this sub-section unless the landlord is himself engaged in any employment or class of employment which has been so notified; or

(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)

 

(a) Where a landlord who has obtained possession of a building in pursuance of an order under sub-section (3) does not himself occupy it and for the purpose specified in the order within one month of the date of obtaining possession, or having so occupied it, vacates it without reasonable cause within six months of such date, the tenant who has been evicted may apply to the Controller for an order directing that he shall be restored possession of the building and the Controller shall make an order accordingly notwithstanding anything in Section 3.

(b) Where a tenant who is entitled to apply for possession under clause (a) fails to do so within month from the date on which the right to make the application accrued to him, the Government or the authorised officer shall have power, if the building is required for any of the purposes, or for occupation by any of the officer specified in sub-section (3) of that section, to give intimation to the landlord that the building is so required, and thereupon the provisions of sub-sections (6) and (8) of Section 3 shall apply to the building :

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.

 

 

(6) Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Controller may direct that compensation, not exceeding fifty rupees be paid by such landlord or the tenant.

 

(7) When an application under sub-section (2) or sub-section (3) for evicting a tenant has been rejected by the Controller, the tenancy shall, subject to the provisions of this Act be deemed to continue on the same terms and conditions as before and shall not be terminable by the landlord except on one or more of the grounds mentioned in sub-section (2) or sub-section (3).

 

(8) Notwithstanding anything in this section, no person who is receiving or is entitled to receive the rent of a building merely as an agent of the landlord shall, except with the previous written consent of the landlord, be entitled to apply for the eviction of a tenant.

Section 11 Payment or deposit of rent during the pendency of proceedings for eviction

 

(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.

 

(3) Where there is any dispute as to the amount of rent to be paid or deposited under sub-section (1) the Controller or the appellate authority, as the case may be, shall on application made to him either by the tenant or by the landlord, and after making such inquiry as he deems necessary, determine summarily the rent to be so paid or deposited.

 

(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.

 

Section 12 Recovery of possession by landlord for repairs, alterations or additions or for reconstruction

 

(1) Notwithstanding anything in this Act, on an application made by a landlord, the Controller may, if he is satisfied

 

(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.

 

(2) No order for recovery of possession under this section shall be passed unless the landlord gives an undertaking that the building on completion of repairs, alterations or additions or the new building on its completion will be offered to the tenant, who delivered possession in pursuance of an order under sub- section (1), for his occupation before the expiry of such period as may be specified by the Controller in this behalf.

 

(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).

Section 13 Recovery of possession by landlord for repairs, alterations or additions or for reconstruction of building in respect of which Government shall be deemed to be the

tenant

 

(1) Notwithstanding anything in this Act, on an application made by a landlord of a building in respect of which the Government shall be deemed to be the tenant, the authorised officer may, if he is satisfied :-

 

(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.

 

(2) No order for recovery of possession under this section shall be passed unless the landlord gives an undertaking that the building on completion of the repairs, alterations or additions or the new building on its completion will be offered to the authorised officer before the expiry of such period as may be specified by the authorised officer in this behalf, for re-allotment to any person named by the authorised officer.

 

(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).

Section 14 Landlord not to interfere with amenities

enjoyed by the tenant

 

(1) No landlord shall, without just or sufficient cause, cut off, or withhold any of the amenities enjoyed by the tenant.

 

(2) A tenant in occupation of a building may, if the landlord has contravened the provisions of this section make an application to the Controller complaining of such contravention.

 

(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).

 

Explanation :- An interim order may be passed under this sub-section without giving notice to the landlord.

 

(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.

Explanation :- In this section, the expression 'amenities' include supply of water, electricity, passages, staircases, light, lavatories, lifts, and conservancy or sanitary services.

Section 15 Execution of orders

 

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.

Section 16 Decisions which have become final not to be reopened

 

The Controller shall summarily reject any application under sub-section (2), or sub-section (3) of Section 10 or under Section 12 which arises between the same parties or between parties under whom they or any of them claim, substantially the same issues as have been finally decided or as purport to have been finally decided, in a former proceeding under this Act or under any law corresponding thereto in force at the relevant time prior to the commencement of this Act.

 

Section 17 Orders of Controller, appellate and revisional authority to be pronounced in open Court

 

Every order passed by a Controller or an appellate or revisional authority under this Act shall be pronounced in open Court on the day on which the case is finally heard, or on some future day of which due notice shall be given to the parties.

 

Section 18 Conversion into non-residential building

 

No residential building shall be converted into a non-residential building except with the permission in writing of the Controller.

Section 19 Failure by landlord to make necessary repairs

 

If a landlord fails to make necessary repairs to the building within a reasonable time after notice is given

(a) by the authorised officer in respect of a building of which the Government shall be deemed to be the tenant under sub-section (6) of Section 3;

 

(b) by the tenant in respect of any other building; the authorised officer aforesaid may, in the case referred in clause (a), make such repairs or have them made by the allottee and deduct the cost thereof from the rent payable for the building or ask the allottee to make such a deduction from the rent payable; and the Controller may, in the case referred to in clause (b); direct, on application by the tenant, that such repairs may be made by the tenant and that the cost thereof may be

deducted by the tenant from the rent payable for the building :-

 

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

 

(1) Any person aggrieved by an order passed by the Controller may, within thirty days, from the date of such order, prefer an appeal in writing to the Chief Judge, Small Causes Court in the cities of Hyderabad and Secunderabad and elsewhere to the Subordinate Judge or if there are more than one Subordinate Judge, to the Principal Subordinate Judge having original jurisdiction over the area aforesaid. In computing the said period of thirty days the time taken to obtain a certified copy of the order appealed against shall be excluded.

 

(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.

 

(4) The decision of the appellate authority and subject to such decision, an order of the Controller shall be final and shall not be liable to be called in question in any Court of law, except as provided in Section 22.

Section 21 Costs

 

Subject to such conditions and limitations, if any, as may be prescribed, the costs of and incident to all proceedings before the Controller or the appellate authority referred to in Section 20 shall be in the discretion of the Controller or the appellate authority, who shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purpose.

 

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.

Section 23 Order under this Act to be binding on sub-tenants

 

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.

 

Section 24 Proceedings by or against legal representatives

 

(1) Any application made, appeal preferred, or proceedings taken under this Act by or against any person, may in the event of his death, be continued by or against his legal representatives.

 

(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 25 Summonses to witnesses

 

Subject to such conditions and limitations as may be prescribed, the Controller may, in his discretion, issue summonses to witnesses requiring them to attend in person to give evidence or to produce documents in their custody in connection with any proceedings before him.

Section 26 Exemptions

 

Notwithstanding anything in this Act the Government may, by notification in the Andhra Pradesh Gazette, exempt, subject to such conditions and terms, if any, as they may specify in the notification, any building or class of buildings from all or any of the provisions of this Act.

Section 27 Executive authorities of local bodies to furnish certified extracts from property tax assessment books

 

The executive authority of the concerned local authority shall, on application made in this behalf and on payment of such fee as may, from time to time, be fixed by the Government by notification in the Andhra Pradesh Gazette, grant to the applicant a certified copy of the extract from the property tax assessment book of the local authority, showing the rental value of the building or buildings in respect of which application has been made, relating to the period specified in the application. Such certified copy shall be received as evidence of the facts stated therein, in proceedings under this Act.

Section 28 Landlord and tenant to furnish particulars

 

Every landlord and every tenant of a building shall be bound to furnish to the Controller or any person authorised by him in that behalf, such particulars in respect of the building as may be prescribed by rules made under this Act.

Section 29 Penalties

 

It any person contravenes any of the provisions of sub-section (1), (2), (4)(b), (5) and (6) of Section 3, sub-sections (1)(a) and (2)(a) of Section 7, sub-section (1) of Section 14, Section 18 and Section 28, he shall be punishable with fine which may extend to two thousand rupees.

Section 30 Power to make rules

 

(1) The Government may by notification in the Andhra Pradesh Gazette, make rules to carry out the purposes of this Act.

 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for -

 

(a) all matters expressly required or allowed by this Act to be prescribed;

(b) the procedure to be followed by Controller and appellate authorities in the performance of their functions under this Act;

(c) the manner in which notices and orders, under this Act shall be given or served;

(d) setting aside ex parte orders passed under this Act;

(e) applications for making legal representatives of deceased persons, parties to proceedings under this Act and time within such applications shall be preferred;

(f) the procedure to be followed in taking possession of a building and in disposing of the articles found therein at the time of taking possession;

(g) the fee leviable in respect of applications and appeals under this

Act; and

(h) any other matters for which there is no provision or no sufficient provision in this Act and for which provision is, in the opinion of the Government, necessary for giving effect to the purposes of this Act.

 

(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.

Section 31 Power to enter and inspect premises

 

The Controller or any person authorised in writing by him in this behalf, by general or special order, may enter and inspect any building for the purpose of any inquiry or for any other purpose connected with this Act or the rules made thereunder.

Section 32 Act not to apply to certain buildings

 

The provisions of this Act shall not apply;

(a) to any building owned by the Government;

 

(b) to any building constructed on or after the 26th August, 1957.

Section 33 Repeals and Savings

 

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 :-

Provided that the repeal shall not affect -

 

(a) the previous operation of the Repealed Acts or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Repealed Acts; or

(c) any penalty or punishment incurred in respect of any offence committed under the Repealed Acts; or

(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty or punishment may be imposed as if this Act had not been passed subject to the condition that after the commencement of this Act, no sentence of imprisonment shall be passed in any case under Section 16 of the Repealed Madras Act pending on such commencement;

 

Provided further that subject to the preceding proviso, anything done or any action taken including any appointment made, notification, order, instruction or direction issued, or rule framed under the Repealed Acts shall be deemed to have been done or taken under the corresponding provision of this Act, and shall continue to be in force accordingly; unless and until superseded by anything done or any action taken

under this Act.

 

Section 34 Indemnity for acts done under this Act

 

(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.

Section 35 Power to remove difficulties

 

(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:

 

Andhra Pradesh Buildings (Lease, Rent and Eviction) Control RULES, 1961

In exercise of the powers conferred by sub-sections (1), (2) and (3) of Section 30 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (Andhra Pradesh Act XV of 1960) and in supersession of all the rules on the subject, the Governor of Andhra Pradesh hereby makes the following Rules.

 

Rule 1 Rule

 

These Rules may be called the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Rules, 1961.

Rule 2 Rule

 

In these rules, unless the context otherwise requires

(a)"Act" means the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960;

 

(b)"recognised agent" means

 

(i) a person holding a power of attorney authorizing him to act on behalf of his principal; or

(ii) an agent empowered by written authority under the hand of his principal;

 

(c)"section" means a section of the Act;

 

(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

 

The particulars to be furnished under Section 28 to the Controller or any person authorised by him in that behalf shall be the following :

(1) Donor number of the building and name, if any.

 

(2) Street and municipal ward or division in which the building is situated.

 

(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.

 

(6) Details of the accommodation available together with particulars as regards the ground area, garden and out-houses, if any, appurtenant to the building.

 

(7) If the building is not occupied by the landlord, whether it is occupied by a single tenant or by more than one tenant.

 

(8) Amenities available in regard to lighting, water, sanitation and the like.

 

(9) Monthly rent paid by the tenant.

 

(10) Rental value as entered in the property tax assessment book of the Municipal Council, Zilla Parishad or the Corporation of Hyderabad, and if the building was constructed before the 5th April, 1944, the rental value as aforesaid relating to the twelve months immediately preceding the 5th April, 1944.

 

(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.

 

(13) The amount of advance paid by the tenant to the landlord.

 

(14) A copy of the agreement of tenancy entered into between the landlord and the tenant, if any.

Rule 4 Rule

 

(1) Every notice under sub-section (1) or sub-section (2) of Section 3 shall contain the particulars mentioned in the Form appended to these rules, and shall be presented to the authorised officer.]

 

Note :- The notice under sub-section (1) of Section 3 shall be a notice of actual vacancy and not a notice of anticipated vacancy. Even if a landlord gives a notice in anticipation of his building becoming vacant, it is obligatory on him to give within ten days of his building actually becoming vacant a notice of such actual vacancy containing the particulars referred to in this rule.

 

(2) The intimation to be given by the Government or the authorised officer under sub-section (3) or sub-section (4)(c) of Section 3 shall be served on the landlord concerned

 

(i) by delivering or tendering it to him; or

(ii) where it is not possible to so deliver or tender, by delivering or tendering it to any agent or employee of such landlord or to any adult member of his family, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which the landlord is known to have last resided or carried on business or personally worked for gain; or

(iii) failing service by the aforesaid means, by registered post, acknowledgment due.

 

(3) An order passed by the Controller under sub-section (3) or sub-section (5) of Section 10 shall be served on the person concerned personally or sent to him by registered post, acknowledgment due.

Rule 5 Rule

 

(1) A tenant desirous of depositing the rent under sub-section (5) of Section 8 or Section 9 or Section 11 shall deposit the same, if the building concerned is in the City of Hyderabad, in the State Bank of Hyderabad, and if the building is elsewhere, in the Controller's Office or in the nearest Treasury, whichever is convenient, after obtaining permission for the deposit of the rent from the Controller.

 

(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.

 

(4) On delivering one copy of the challan, the Controller or the appellate authority, as the case may be, shall acknowledge its receipt on the back of the challan retained by the tenant and take necessary action for the service of the notice of deposit on the person or persons concerned within seven days of the delivery thereof. The notice of deposit shall be served on the person or persons concerned in one or other of the modes specified in Rule 16.

 

(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.

 

(2) On receipt of the application under sub-rule (1), the Controller shall, if he is satisfied, pass an order directing the payment to the applicant of the rent specified in 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.

 

(2) Every application under the Act shall be accompanied by a spare

copy or sufficient number of spare copies thereof for service on the respondent or respondents mentioned therein.

 

(3) Every application shall be signed by the applicant or his Counsel and be presented to the Controller by the applicant himself personally or by his recognised agent or by Counsel at any time during office hours on a working day

 

: [Provided that in the Cities of Hyderabad and Secunderabad where there are more than one Controller, one shall be designated 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 inquiry and dispose of the application himself or assign the application to any one of the Controllers having jurisdiction for enquiry and disposal.]

[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.

 

(5) No documentary evidence in the possession or power of any party which should have been, but has not been, produced in accordance with the requirements of sub-rule (4) shall be received at any

subsequent stage of the proceedings unless good cause is shown to the satisfaction of the Controller for the non-production thereof; and the Controller receiving any such evidence shall record the reasons for so doing.

 

(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)

 

(i) Subject to the provisions of clause (ii), there shall be endorsed on every document which has been admitted in evidence in the case, the following particulars, namely :

(a) the number and title of the case,

(b) the name of the person producing the document,

(c) the date on which it was produced, and

(d) a statement of its having been so admitted; and the endorsement shall be signed or initialled by the Controller.

 

(ii) Where a document so admitted is an entry in a book, account or record and a copy thereof has been substituted for the original under sub-rule (8), the particulars aforesaid shall be endorsed on the copy and the endorsement thereon shall be signed or initialled by the Controller.

 

(8)

 

(i) Save insofar as is otherwise provided by the Bankers' Books Evidence Act, 1891, where a document admitted in evidence in the case is an entry in a letter-book or a shop book or other account in current use, the party on whose behalf the book or account is produced, may furnish a copy of the entry.

(ii) Where such a document is an entry in a public record produced from a public office or by a public officer or an entry in a book or account belonging to a person other than a party on whose behalf the book or account is produced, the Controller may require a copy of the entry to be furnished

(a) where the record book or account is produced on behalf of a party, then by that party, or

(b) where the record book or account is produced in obedience to an order of the Controller acting of his own motion, then by either or any party.

 

(iii) Where a copy of an entry is furnished under the provisions of clauses (i) and (ii), the Controller shall, after causing the copy to be examined, compared and certified, mark the entry and cause the book, account or record in which it occurs to be returned to the person producing it.

 

(9) Where a document relied on as evidence by either party is considered by the Controller to be inadmissible in evidence, there shall be endorsed thereon the particulars mentioned in clauses (a), (b) and (c) of clause (i) of sub-rule (7), together with a statement of its having been rejected, and the endorsement shall be signed or initialled by the Controller.

 

(10)

 

(i) Every document which has been admitted in evidence or a copy thereof, where a copy has been substituted for the original under sub-

rule (8), shall form part of the record of the case.

(ii) Documents not admitted in evidence shall not form part of the record and shall be returned to the persons respectively producing them.

 

(11) Notwithstanding anything in sub-rule (8) or sub-rule (10), the Controller may, if he sees sufficient cause, direct any document or book produced before him in any case to be impounded and kept in his custody for such period and subject to such conditions as he thinks fit.

 

(12)

 

(i) Any person, whether a party to the case or not, desirous of receiving back any document produced by him in the case and placed on the record shall, unless the document is impounded under sub-rule (11), be entitled to receive back the same.

(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 :

Provided that a document may be returned at any time earlier than that specified by this sub-rule if the person applying therefor delivers to the Controller a certified copy to be substituted for the original and undertakes to produce the original, if required to do so;

Provided further that no document shall be returned which, by force of the order of the Controller, has become wholly void or useless.

 

Rule 8 Rule

 

(1) When an application under the Act is presented to the Controller he shall fix the date on which and the place at which the inquiry in respect of the application will be held and send notice thereof to the applicant or applicants and the respondent or respondents mentioned in the application and shall also send a copy of the application alongwith the notice to the respondent or respondents :

 

Provided that in the case of applications for eviction filed under *[xxxx] sub-section (3) of Section 10 in respect of buildings of which the State Government or the Central Government are tenants, he shall not be bound to give such notice unless he considers such notice necessary, regard being had to the averments in the petition or any other material circumstance.

 

(2) The Controller shall give to the parties a reasonable opportunity to state their case. He shall also record a brief note of the evidence of the parties and witnesses, if any, examined on either side and upon the evidence so recorded and after consideration of any documentary evidence which may be produced by the parties, pass orders on the application.

 

(3) Where an order is passed ex parte against a tenant or a landlord, or an order of dismissal for default is passed, by the Controller, the party affected may, within thirty days from the date of the pronouncement of the order in open Court, apply to the Controller by whom the ex parte order or the order of dismissal was passed, for an order to set it aside, and if he satisfies the Controller that the summons was not duly served, or that he was prevented by any sufficient cause form appearing when the application was called on for hearing, or that such default was occasioned due to circumstances beyond his control, the Controller shall make an order setting aside the ex parte order or the order of dismissal passed, as the case may be, upon such terms as to costs, payment into Court or otherwise, as the Controller thinks fit, and shall appoint a day for proceeding with the application :

 

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;

Provided further that the Controller shall, in respect of an application for setting aside an ex-parte order or order of dismissal for default, received under this sub-rule for the first time, and may, in respect of a second or subsequent application, stay all execution proceedings in pursuance of the ex parte order or the order of dismissal for default until the disposal of the application.

Rule 9 Rule

 

An appellate authority may transfer a case from the file of one Controller to that of another Controller within his jurisdiction -

(i) if the Controller on whose file the case is pending is personally interested in it and reports the matter to the appellate authority; or

 

(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

 

(iii) if the appellate authority considers such transfer proper on administrative grounds.

 

*[Explanation :- It shall be obligatory on the part of the Controller on whose file a case in which he is personally interested, is pending to report the matter to the appellate authority at the earliest opportunity.]

Rule 10 Rule

 

(1) Every appeal against an order of the Controller shall, in addition to the grounds of appeal, specify the date on which the order was received by the appellant. The appeal shall be signed by the appellant or his Counsel duly stamped and presented to the appellate authority or to such officer as he appoints in this behalf by the appellant himself personally or by his recognised agent or by Counsel at any time during office hours on a working day. The appeal shall be accompanied by a copy of the order of the Controller appealed from.

 

(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.

 

(3) Where an order is passed ex parte against a tenant or a landlord or an order of dismissal for default is passed by the appellate authority, the party affected may, within thirty days from the date of pronouncement of the order in open Court, apply to the appellate authority by whom the ex parte order or the order of dismissal was

passed, for an order to set it aside, and if he satisfies the appellate authority that the summons was not duly served or that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing or that such default was occasioned due to circumstances beyond his control, the appellate authority shall pass an order setting aside the ex parte order or the order of dismissal passed, as the case may be, upon such terms as to costs, payment into court or otherwise as the appellate authority thinks fit, and shall appoint a day for proceeding with the appeal :

 

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,

(i) if the appellate authority before whom the appeal is pending is personally interested in the appeal and reports the matter to the High Court; or

 

(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

 

(1) No landlord shall, in the case of a building in respect of which a notice of vacancy is to be given under Section 3, cut off or withhold any of the amenities therein at any time until he becomes entitled to let the building to a tenant or occupy it himself under sub-section (5) of Section 3.

 

]

(2) In cases falling under Section 3 the authorised officer or any person authorised by him in that behalf may, if he thinks fit to do so, personally inspect the building concerned and may call for any particulars in respect of the said building from the landlord or tenant or occupant or any previous tenant or occupant thereof, who shall furnish the particulars so called for.

 

After inspection the officer or person shall record a note of inspection in brief and every such note shall form part of the record of the case. A copy of the note of inspection may be furnished to the party concerned, on application as provided in Rule 18.

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

 

Any appearance, application or act in any proceeding before the Controller or the appellate authority may be made or done by the party in person or by his recognized agent or by Counsel :

[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:

 

(a) personally by delivering or tendering to him the notice or order; or

(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

(d) if none of the means of aforesaid is practicable, by affixing the same in some conspicuous part of his last known place of abode or business.

 

(2) Every interim order passed under sub-section (3) of Section 14 shall be served on the landlord in any one of the manners specified in sub-rule (1) above.

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.

 

(2) In respect of every notice or order directed to be served through Court on any respondent or the opposite party in any appeal or proceeding pending in the Appellate Court under the above Act, a sum of Rs.9-00 (Rupees nine only) shall be paid by the party seeking such service in respect of first respondent and Rs.4-50 (Rupees four and paise fifty only) in respect of every additional respondent or respondents or opposite party in the form of Court-fee.

 

(3) Whenever any order or notice is directed to be served by registered post by any Court under this Act, the party seeking such service shall bring into Court process fee calculated at the current rates of postal charges prescribed by the Postal Department to cover to the cost of sending the same by registered post with acknowledgment due, in respect of each respondent or opposite party and the process fee thus payable may, from time to time, be prescribed by the District Court or in the District of Hyderabad by the Chief Judge, City Small Causes Court taking into account the rates prescribed by the Union of India or the Postal Department thereof.

 

(4) Court fee payable on vakalath shall be Rs.2-00 (Rupees two only) in any Court.

 

(5) Court fee payable on an application for execution of orders shall be Rs.1-00 (Rupee one only).

 

(6) Application for certified copies shall bear Court fee stamp of Rs.0-25 ps. (Twenty five paise only).

 

(7) Court fee payable towards conveyance charges for inspection at party's instance shall be Rs.0-75 ps. (seventy five paise only) per kilometer calculating the distance to and far from the Court building.

 

(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.

 

(7) The cost of copying maps, plans, geneological trees, tabular statements or other work requiring skilled labour shall be fixed by the Controller or appellate authority, as the case may be, and deposited in the office of the Controller or appellate authority in cash.

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.

 

[Explanation :- For the purpose of this rule (1) 'legal representative' means a person who in law represents the estate of a deceased person and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the

party so suing or sued.

 

 

(2) An application may be admitted after the period specified in this rule, if the applicant satisfies the Controller or appellate authority that he had sufficient cause for not making the application within such period.

(3) Where a question arises as to whether any person is or is not the legal representative of a deceased person, such question shall be referred to a civil Court for determination.]

Rule 20 Rule

 

(1) Every summons issued under Section 25 shall be served on the witness concerned by personally delivering or tendering it to him or by sending it to him by registered post, acknowledgment due.

 

(2) In respect of every summons issued under Section 25 the person at whose instance the summons is issued shall file before the Court a list in Form No.20 of the Civil Rules of Practice, of person whose attendance is required stating full name and address and whether he is required to give evidence as an expert or otherwise or to produce any documents and also pay into the office of the Controller a fee of Rs.1-37 ps., in the shape of Court-fee stamps for the service of the summons and shall also deposit in the said office the amount of the allowance to which the witness is entitled for travelling and attendance at the Court according to the scale for the time being in force with respect to witnesses in civil Courts in the State.

Rule 21 Rule

 

If any person contravenes any of the provisions of *[Rule 4 or Rule 14,] he shall be punishable with fine which may extend to two thousand rupees:

[Provided that before taking action to prosecute the person contravening, he shall be given an opportunity to make representation.]

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 :

 

(a) by giving or tendering it to such person; or

(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

(c) if the address of such person is known to the Controller, the appellate authority or other authorised person, by sending it to him by registered post; or

(d) if none of the means aforesaid is available, by affixing it in some conspicuous part of his last known place of abode or business.

 

(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 :

 

[Provided that in the matter of summoning witnesses and compelling production of documents, in the Controller shall so far as may be, follow the procedure laid down in that behalf in the Code of Civil Procedure, 1908, with such modifications as the circumstances may require.]

 

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.

 

(5) An order of eviction passed under Sections 10, 12 and 13 shall be executed by evicting the person against whom the order was passed or any other person bound by the said order and by delivering the vacant possession of the building in regard to which the order was passed either to the person in whose favour the order was passed or to such person as he may appoint to take delivery on his behalf.

 

(6) Where possession of any building is to be delivered and the person in possession, being bound by the order of eviction does not afford free access, the Controller or through his subordinates may after giving reasonable warning and facility for withdrawing any woman, who according to custom, does not appear in public, remove or open any lock or bolt or break open any door or do any other act necessary for putting any person entitled for possession in pursuance of the order of eviction.

 

(7) If such execution is resisted and obstructed by any person other than the person against whom order or eviction was passed, the Controller may hold a summary enquiry into the facts of the case and if he is satisfied that the resistance or obstruction was without any just cause and that such resistance and obstruction still continues shall issue a warrant to evict the said person by force and deliver the possession of the building to the person entitled for possession in pursuance of the order of eviction and if he is satisfied that the resistance or the obstruction was occasioned by any person other than the person against whom order of eviction was passed claiming in good faith to be in the possession of the building on his own account or on account of some person other than the person against whom order of eviction was passed, he shall make an order disallowing the execution against such person.

 

(8) If an order passed under Section 14 or Section 21 has not been obeyed by the party concerned, the same may be enforced by the attachment of his property or by detention in civil prison or by both or by any other manner suitable in the opinion of the Controller.

Rule 24 Rule

 

(1) If any articles are found in a building at the time of an execution of an eviction order and if the person to whom such articles belong does not take possession of such articles, then they will be taken into the custody of the Controller after causing the preparation of an inventory of the same in the presence of Panchas.

 

(2) The Controller thereafter shall cause the publication of a proclamation affixing copies of the same both on the notice board of his office premises as well as on the building concerned directing the person or persons to whom such articles belong to appear before him within thirty days from the date of the said proclamation, and to satisfy the Controller that he is entitled to receive such articles. If the Controller is satisfied he shall deliver such articles to such person subject to the payment of necessary charges for removal, transport and safe custody of such articles.

 

(3) In case no person appears within the time specified in the proclamation, the Controller may take necessary action to dispose of the articles by public auction and credit the amount in his Personal Deposit Account after deducting the charges if any incurred in this connection.

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

 

All proceedings commenced and action taken under the Madras Buildings (Lease and Rent Control) Rules, 1951, or the Hyderabad Houses (Rent, Eviction and Lease) Control Rules, 1954 shall be continued and, so far as may be, deemed to have been commenced or taken under these rules.

APPENDIX 1 FORM

 

FORM

[See Rule 4(1)]

 

1. Door Number of the building and Name, if any.

(Street and Municipal ward or divisional or

locality in which the building is situated

shall be given.)

 

2. Date and year of construction of the building.

 

3. Date on which the building fell vacant.

 

4. Whether the building is residential or non-

residential.

 

5. Name and address of the landlord if the parti-

culars are furnished by the tenant and name of

the tenant and name of the late tenant if the

particulars are furnished by the landlord.

 

6. Details of accommodation available together

with particulars as regards the ground area,

garden and out houses, if any, appurtenant to

the building. A plan of the building may be

enclosed.

 

7. Amenities available in regard to lighting,

water, sanitation and the like.

 

8. Whether any furniture is supplied by the

landlord, for use in the building.

 

9. If the building is not occupied by the landlord,

whether it is occupied by a single tenant or by

more than one tenant.

 

10. Monthly rent paid by the previous tenant(s).

 

11. Rental value as entered in the property tax

assessment book of the Municipal Council, Zilla

Parishad or the Corporation of Hyderabad, and

if the building was considered before the 5th

April, 1944, the rental value as aforesaid

relating to the twelve months immediately preceding

the 5th April, 1944.

 

12. Whether reasonable rent or fair rent has been

fixed under the Act and if so the amount of such

reasonable rent or fair and the date from which

it took effect.

 

13. In the case of a residential building the number

of persons occupying the same previously and in

the case of a non-residential building, the

purpose for which the building is used and the

number of employees, if any, working therein

previously.

 

14. Complete address of the landlord.

 

Place:

 

Date: Signature of the Landlord/TenantAct Type : Andhra Pradesh State Acts