(1) (a) Any debtor entitled to the delivery of possession of any property under clause (e) or clause (f) of sub-section (1) of section 3 or any other person on behalf of such debtor may make an application in such form and containing such particulars as may be prescribed to the Tribunal having jurisdiction over the area within six months from the commencement of this Act or within such further period as may be notified by the Government in this behalf, for such delivery of possession.
(b) Every such application shall be ---
(i) supported by an affidavit which shall be in such form and be sworn or affirmed before such officer or authority as may be prescribed and which shall state that the debtor is entitled to relief under section 3;
and
(ii) accompanied by a certificate from the prescribed authority as to the annual household income of such debtor.
(c) where any debtor referred to in clause (e) or clause (f) of sub-section (1) of section 3 or any other person on behalf of such debtor, has not made any application in accordance with the provisions of, and within the time specified in this sub-section, then, such debtor shall not be entitled to relief under this Act.
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(2) On receipt of an application under sub-section (1), the Tribunal shall make necessary inquiries in respect of such application and if it is satisfied that the applicant or the person on whose behalf the application has been made is entitled to the delivery of possession of such property mentioned in the application, it shall, by order, direct the person in possession of such property to deliver possession thereof to the applicant or to the person on whose behalf the application has been made, within a period of thirty days from the date of service of the order:
Provided that no order under this sub-section shall be made unless the person in possession of the property has been given a reasonable opportunity of being heard.
(3) Every order made under sub-section (2) shall be served on the person for whom it is intended, --
(a) by delivering or tendering it to that person; or
(b) if it cannot be delivered or tendered to that person, by delivering or tendering it to any officer of such person or any adult member of the family of such person or by affixing a copy thereof on the outer door or some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain; or
(c) failing service by any of these means, by registered post.
(4) Any person aggrieved by an order of the Tribunal under sub-section (2) may, within a period of thirty days from the date of service of the order, prefer an appeal to the appellate authority, having jurisdiction over the area and in such manner as may be prescribed and in deciding the appeal, the appellate authority shall follow such procedure as may be prescribed and the decision of the appellate authority on such appeal shall be final and shall not be called in question in any court of law:
Provided that before taking a decision on the appeal, the appellate authority shall give the opposite party an opportunity of being heard.
(5) Where an order under sub-section (2) has not been complied with, and –
(a) an appeal has not been preferred within the time allowed for such appeal;
or
(b) an appeal having been preferred, has been dismissed, the Tribunal shall cause the property to which the order relates to be delivered to the debtor by putting him in possession of that property.
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