Section 15: Procedure for eviction of tenant

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

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

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

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

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

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

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

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

¹[Provided that in case of premises let out for commercial use such certificate shall not be executable for a period of six months from the date of the decision]