(1) Notwithstanding anything contained in any law, an appeal shall lie- 142[(a) in the City of Ahmedabad, from a decree or order made by the Court of Small Causes, Ahmedabad, exercising jurisdiction under section 28 to a bench of two judges of the said court which shall not include the judge who made such decree or order;]
(b) 143[elsewhere from a decree] or order made by 144[a Judge of the Court of Small Causes established under the Provincial Small Cause Courts Act, 1887, 145[or by the Court of the Civil Judge deemed to be the Court of Small Causes under clause (c)of sub-section (2) of section 28] or by] a Civil Judge exercising such jurisdiction, to the District Court:
146[Provided that no such appeal shall lie from— (I) a decree or order made in any suit or proceeding in respect of which no appeal lies under the Code of Civil Procedure, 1908;
IX of 1887.
IX of 1887.
Appeal.
IX of 1887.
V of 1908.
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 31 of 45 (II) a decree or order made in any suit or proceeding (other than a suit or proceeding relating to possession) in which the plaintiff seeks to recover rent and the amount or value of the subject matter of which does not exceed- 147[ * * * * * 148[(i) where such suit or proceeding is instituted in the City of Ahmedabad, two thousand rupees, and]
(ii) 149 * * * 150[where such suit or proceeding is instituted elsewhere the amount upto] which the Judge or Court specified in clause (b) is invested with jurisdiction of a Court of Small Causes, under any law for the time being in force;
(iii) an order made upon an application for fixing the standard rent or for determining the permitted increases in respect of any premises except in a suit or proceeeding in which an appeal lies;
(iv) an order made upon an application by a tenant for a direction to restore any essential supply or service in respect of the premises let to him.]
151[(1A) Every appeal under sub-section (1) shall be made within thirty days from the date of the decree or order, as the case may be :
Provided that in computing the period of limitation prescribed by this sub-section the provisions contained in sections 4, 5 and 12 of the Indian Limitation Act, 1908 * shall, so far as may be, apply.]
152[(2) No further appeal shall lie against any decision in appeal under subsection (1) but the High Court may, for the purpose of satisfying itself that any such decision in appeal was according to law, call for the case in which such decision was taken and pass such order with respect thereto as it thinks fit.]
153[(3) Where no appeal lies under this section from a decree or order in any suit or proceeding 154[* * * *] 155[in the City of Ahmedabad the bench of two judges, specified in clause (a) of sub-section (1) and elsewhere] the District Court, may for the purpose of satisfying itself that the decree or order made was according to law, call for the case in which such decree or order was made and pass such order with respect thereto as it thinks fit.]
156[29A. Nothing contained in section 28 or 29 shall be deemed to bar a party to a suit, proceeding or appeal mentioned therein in which a question of title to premises arises and is determined, from suing in a competent court to establish his title to such premises.]
30. If the Court finds that any suit, proceeding or application instituted or made before it is not instituted, or made bonafide or is false, frivolous or vexatious, the Court may, after hearing the plaintiff or applicant and for reasons to be recorded, order that compensation, not exceeding one thousand rupees, be paid by such plaintiff or applicant to the defendants or opponent, as the case may be.
31. The courts specified in sections 28 and 29 shall allow the prescribed procedure in trying and hearing suits, proceeding, applications and appeals and in executing orders made by them.
IX of 1908.
Saving of suits involving title.
Compensation in respect of proceedings which are not bonafide or are false, frivolous or vexatious.
Procedure of courts.
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 32 of 45 157[31A. (1) The State Government may, by notification in the Official Gazette, appoint as many persons as it thinks fit as competent authority for the purpose of exercising the powers conferred, and performing the duties imposed on the competent authority under this section and shall define the local limits within which any competent authority so appointed shall exercise such powers and perform such duties.
(2)A person shall not be qualified for appointment as a competent authority unless he had held a judicial office for at least five years or has been practising as an advocate or pleader for at least seven years.
(3) Notwithstanding anything to the contrary contained in this Act, an application for eviction on the ground specified in section 13AA shall be made to the competent authority which shall deal with the application in accordance with the procedure laid down in this section.
(4) The competent authority shall issue summons, in relation to every application referred to in sub-section (3), in the form specified in Schedule IV.
(5) (a) The competent authority shall, in addition to, and simultaneously with, the issue of summons for service on the tenant, also direct the summons to be served by registered post (acknowledgement due), addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the tenant is last known to have resided or carried on business or personally worked for gain.
(b) When an acknowledgement purporting to have been signed by the tenant or his agent is received by the competent authority or the registered artical containing the summons is received back with an endorsement, purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, the competent authority may declare that there has been a valid service of summons.
(6) The tenant, on whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in Schedule IV shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the competent authority as hereinafter provided and in default of his appearance in pursuance of the summons or his obtaining such leave the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid.
(7) The competent authority shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises on the ground specified in section 13AA.
(8) Where leave is granted to the tenant to contest the application, the competent authority shall commence the hearing of the application as early as practicable.
(9) The competent authority shall, while holding an inquiry in a proceeding to which this section applies, follow the practice and procedure of a Court of Small Causes, including the recording of evidence.
(10) No appeal shall lie against an order for the recovery of possession of any Special procedure for disposal of certain applications.
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 33 of 45 premises made by the competent authority in accordance with the procedure specified in this section:
Provided that the High Court may, for the purpose of satisfying itself that an order made in any case by the competent authority under this section is according to law, call for the record of that case and pass such order in respect thereto as it thinks fit.
(11) Where no application has been made to the High Court for revision, the competent authority may exercise the powers of review in accordance with the provisions of Order XLVII of the First Schedule to the Code of Civil Procedure, 1908.
(12) If any person refuses or fails to comply with the order of the eviction within thirty days of the date on which it has become final, the competent authority or any other officer duly authorised by such competent authority in this behalf, may evict that person from and take possession of, the permises and deliver the same to the landlord and for that purpose, use such force as may be necessary.
(13) In respect of an application for eviction on the ground specified in section 13AA made to the competent authority the provisions of section 17 shall apply as if for sub-section (1) and (2)