Andhra Pradesh · Act 10 of 2018

Section 34 — Powers of Rent Court and Rent Tribunal.

The Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017.

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34. Powers of Rent Court and Rent Tribunal, - (1) The Rent Court and
the Rent Tribunal for the purpose of Powers of discharging their
functions under their Act, shall have the same powers as Rent Court are
vested in a civil court under the Code of Civil Procedure, 1908 for the and
Rent purposes of,–

                 (a) summoning and enforcing the attendance of any person
                 and examining him on oath;
                 (b) requiring the discovery and production of documents;




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                 (c) issuing commissions for examination of the witnesses or
                 documents;
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                 (d) issuing commission for local investigation;
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                 (e) receiving evidence on affidavits;
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                 (f) dismissing an application or appeal for default or deciding
                 it ex-parte;
                 (g) setting aside any order of dismissal of any application or
                 appeal for default or any other order passed by it ex-parte;

                 (h) execution of its order and decisions under this Act
                 without reference to any civil court;
                 (i) reviewing its orders and decisions;
                 (j) any other matter which may be prescribed.

      (2) Any proceedings before the Rent Court or Rent Tribunal shall be
deemed to be a judicial proceedings within the meaning of sections 193 and
228, and for the purpose of section 196, of the Indian Penal Code, 1860 (Act
No.45 of 1860) and the Rent Court and the Rent Tribunal shall be deemed to
be a civil court for the purposes of section 195 and Chapter XXVI of the
Code of Criminal Procedure, 1973 (Act No.2 of 1974).

     (3) For the purpose of holding any inquiry or discharging any duty
under this Act, the Rent Court may –

             (a) after giving not less than twenty-four hours notice in
                writing, enter and inspect or authorize any officer,

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                subordinate to him, to enter and inspect, any premises at
                any time between sunrise and sunset;
              (b) by written order, require any person to produce for his
                 inspection such books or documents relevant to the inquiry,
                 at such time and at such place as may be specified in the
                 order.
      (4) The Rent Court may, if it thinks fit, appoint one or more persons
having special knowledge of the matter under consideration as an assessor
or valuer to advise him in the proceeding before him.
      (5) Any clerical or arithmetical mistake in any order passed by the
Rent Court or any other error arising out of any accidental omission may, at
any time, be corrected by the Rent Court on an application received by it in
this behalf from any of the parties or otherwise.

      (6) The Rent Court may exercise the powers of a Judicial Magistrate
First Class for the recovery of the fine under the provisions of the Code of
Criminal Procedure, 1973 and the Rent Court shall be deemed to be a




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Magistrate under the said code for the purposes of such recovery.
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        (7) An order made by a Rent Court or an order passed in appeal or
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review under this Chapter shall be executable by the Rent Court as a decree
of a civil court and for this purpose, the Rent Court shall have the powers of
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a civil court.
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      (8) The Rent Court may set aside any order passed ex-parte if the
aggrieved party files an application and satisfies it that notice was not duly
served or that he was prevented by any sufficient cause from appearing
when the case was called for hearing.

      (9) Save as otherwise expressly provided in this Act, every order made
by the Rent Court shall, subject to decision in appeal, be final and shall not
be called in question in any original suit, application or execution
proceedings.

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