Section 12: Procedure for recovery of possession

If any tenant is dispossessed by landlord from the rented premises without his consent otherwise than by due process of law, he may within thirty days from the date of knowledge of such dispossession, file a petition before the Rent Tribunal for restoration of possession thereof. 12. Procedure for recovery of possession.-(l) The tenant or any person claimingrecovery of possession under section ll of this Act shall file a petition before the RentTribunal and such petition shall be accompanied by affidavits and documents if any, upon which, tenant or person entitled to recover possession wants to rely. (2).The Rent Tribunal upon filing of petition under subsection (1) shall issue notice accompanied by copies of petition affidavits and documents fixing a date not later than twenty one days from the date of service of notice requiring the landlord to submit reply accompanied by affidavits and documents on which the landlord relies. The service of notice shall be effected through process server of the Tribunal or the Civil Court as well as by registered post, acknowledgement due. Notice duly served by any of these modes shall be treated as sufficient service. (3) The landlord may submit his reply, affidavits and documents after serving copies of the same on the petitioner within a period not exceeding ten days from the date of service of notice. The petitioner may file rejoinder, if any, after serving copy of the same on the landlord within a period of seven days from the date of service of reply. The Rent Tribunal shall thereafter fix a date of hearing, which shall not be later thanfifteen days from the date fixed for filing of rejoinder. The petition shall be disposed of within a period of ninety days from the date of service of notice on the landlord. (4) The Rent Tribunal after holding such summary enquiry as it deems necessary to determine whether petitioner has been illegally dispossessed from the rented premises without his consent otherwise than by due process of law, shall dispose of the petition by ordering immediate restoration of possession of such premises to the tenant. The Tribunal may also award adequate compensation to the tenant for the hardship and inconvenience caused to him looking to the facts and circumstances of the case which shall be payable by landlord and the Tribunal shall issue a certificate for recovery of immediate possession.