(1) The landlord or the competent authority or the licensee may apply to the Court of the District Munsif having jurisdiction over the area in which the requisitioned building is situated for fixing the fair rent of the building for the period of the requisition.
12[Explanation.- A Munsif appointed under 13[the Telangana Civil Courts Act, 1972 (Act No. 19 of 1972)] in the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), shall be deemed to be a District Munsif for the purposes of this section.]
11. Proviso omitted by Act No.XII of 1960.
12. Explanation added by Act No.XII of 1960.
13. Adapted by G.O.Ms.No.17, Law (LA, LA&J Home Courts-A2) Department, dated 06.12.2014.
Fixation of fair rent.
[Act No. XI of 1954] 9
(2) The fair rent shall be—
(a) a monthly payment in respect of the period of requisition of a sum equal to the rent which would have been payable for the use and occupation of the building, if it had been taken on lease for that period; and
(b) such sum or sums, if any, as may be found necessary to compensate the landlord for all or any of the following matters, namely:--
(i) pecuniary loss due to requisitioning;
(ii) expenses on account of vacating the requisitioned building;
(iii) expenses on account of reoccupying the building upon release from requisition; and
(iv) damages (other than normal wear and tear) caused to the building during the period of requisition, including the expenses that may have to be incurred for restoring the building to the condition in which it was at the time of requisition.
(3) Against an order passed by the District Munsif’s Court fixing the fair rent, the landlord or the competent authority or the licensee may, within fifteen days from the date of such order, prefer an appeal to the Subordinate Judge’s Court having jurisdiction over the area in which the building is situated or if there is no such Court, to the District Court; and the decision of the Subordinate Judge’s Court or the District Court, as the case may be, on such appeal shall be final and shall not be liable to review or revision.
10 [Act No. XI of 1954] 14[(4) When this Act comes into force in any area in the cities of Hyderabad and Secunderabad, applications for fixation of fair rent under sub-section (1) in respect of requisitioned buildings situated in such area shall lie to the Additional Judge of the City Civil Court, Hyderabad and appeals under sub-section (3) from any order passed by such Additional Judge shall lie to the Chief Judge of that Court.]
10. The competent authority shall have power to make or authorize the making of additions or alterations to the requisitioned building without the consent of the landlord and without any liability to enhancement of rent by reason of such additions or alterations:
Provided that, on the expiry of the period of requisition or at the time of the surrender of the building to the landlord by mutual agreement, the landlord shall be entitled to take the building with the additions and alterations of a permanent nature, but without any liability to pay compensation for such additions and alterations, or to have such additions and alterations removed and to have the building restored at the expense of the State Government, to its condition at the time of the requisition, subject to changes caused by reasonable wear and tear.