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State of Rajasthan - Section

Section 12 in Rajasthan Rent Control Act, 2001

12. Procedure for recovery of possession.

(1)The tenant or an person claiming recovery of possession under Section 11 of this Act shall file a petition before the Rent Tribunal 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 Sub-section (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, if any 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, acknowledgment due. Notice duly served by any of these modes shall he 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 than fifteen days from the date fixed for filing of rejoinder. The petition shall he 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.Chapter - V Constitution of Tribunals, Procedure for Revision of Rent and Eviction, Appeal and Execution