What are the Rules Of Appeal In Rent Cases According to Punjab Rented Premises Act?

(1) Introduction

In Punjab, relations between landlord and tenant is regulated by Punjab Rented Premises Act. This Act is about both commercial and residential properties. In this Act, provisions have been provided for ejectment of tenant from rented premises. Even this Act has aslo provided right to appeal as appeal can be filed against final order of rent tribunal in court of district judge. However, no right of appeal is available against order of district judge or additional district judge.

(2) Rules Of Appeal In Rent Cases According to Punjab Rented Premises Act,

followings are rules of appeal in rent cases:

(i) Appeal against final order of rent tribunal

(ii) Who can file appeal?

(iii) Limitation period

(iv) Written form

(v) Authority to whom appeal can be preferred?

(vi) No appeal against interlocutory order

(vii) Which authority can hear & dispose of appeal?

(viii) Dismissal of appeal without notice to respondent

(ix) Suspension of operation of final order

(x) Exercise of powers of rent tribunal

(xi) Period for decision of appeal

 

(i) Appeal Against Final Order Of Rent Tribunal

Appeal can be filed against final order of rent tribunal.

(ii) Who Can File Appeal?

Person, who is aggrieved by final order of rent tribunal, can file this appeal.

(iii) Limitation Period

This appeal can be filed within thirty days from date of final order of rent tribunal.

(iv) Written Form

This appeal should be in writing.

(v) Authority To Whom Appeal Can Be Preferred?

This appeal can be preferred to district judge of district.

(vi) No Appeal Against Interlocutory Order

No appeal is allowed against that interlocutory order, which rent tribunal passes.

(vii) Which Authority Can Hear & Dispose Of Appeal?

District judge can hear and dispose of this appeal or can entrust it for disposal to additional district judge of district or area.

(viii) Dismissal Of Appeal Without Notice To Respondent

District judge or additional district judge can dismiss this appeal without notice to respondent. However, this appeal can be dismissed in this way only after providing an opportunity of hearing to appellant.

(ix) Suspension Of Operation Of Final Order

Where circumstances require, district judge or additional district judge can suspend operation of final order of rent tribunal.

(x) Exercise Of Powers Of Rent Tribunal

District judge or additional district judge can exercise any or all powers of rent tribunal under Punjab Rented Premises Act.

(xi) Period For Decision Of Appeal

District judge or additional district judge is to decide this appeal within period of two months from date of filing of this appeal.

(3) Conclusion

To conclude, it can be stated that Punjab Rented Premises Act has provided no appeal against that order, which district judge or additional district judge passes under this Act. However, write petition can be filed against this order in High Court.

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