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State of Tamilnadu - Section

Section 12 in Tamil Nadu Regulation of Rights And Responsibilities of Landlords And Tenants Rules, 2019

12. Appeal before the Rent Tribunal.

(1)Every appeal shall be made by the appellant or by his agent to the Rent Tribunal in Form VII.
(2)Every appeal shall be accompanied by a Memorandum setting forth concisely under distinct heads, the grounds of appeal, without any narration and such grounds shall be numbered consecutively.
(3)Each Memorandum shall be accompanied by the certified copy of the order of the Rent Court appealed against and such other documents as may be required to support grounds of objection mentioned in the Memorandum.
(4)When an appeal is presented after the expiry of period of limitation as specified in the Act, the Memorandum shall be accompanied by an application supported by an affidavit setting forth the fact on which appellant relies to satisfy the Rent Tribunal that he has sufficient cause for not preferring an appeal within the period of limitation.
(5)The appellant shall submit necessary copies of the Memorandum to the Rent Tribunal for official purposes.
(6)On the date of hearing or any other day to which hearing may be adjourned, it shall be obligatory for the parties or their agents to appear before the Rent Tribunal. If appellant or his agent fails to appear on such date, the Rent Tribunal may, in its discretion, either dismiss the appeal or decide it on the merits of the case. If respondent or agent fails to appear on such date, the Rent Tribunal shall proceed ex-party and shall decide the appeal on its merits.
(7)The appellant shall not, except by leave of the Rent Tribunal, urge or be heard in support of any ground of objections not set-forth in the Memorandum but the Rent Tribunal, in deciding the appeal shall not confine to the grounds of objection set-forth in the Memorandum or taken by leave of the Rent Tribunal under this Rule:Provided that the Rent Tribunal shall not rest its decision on any other grounds other than those specified unless the party who may be affected thereby, has been given at least one opportunity of being heard by the Rent Tribunal.
(8)The Rent Tribunal may, on such terms as it may think fit and at any stage, adjourn the hearing of appeal, but not more than one adjournment shall ordinarily be given and the appeal should be decided within a period of one hundred twenty days from the date of service of notice of appeal on the respondent.Form-I[See rules 3(6) and 5(2)]Information to be updated on the website and details to be updated on the website
Serial Number (to be generated by Authority) T.R . No. (to be generated by Authority) Description of the Premises Name and Address of the (a) Landlord (b) PropertyManager (if any) Name and Address of the Tenant Duration of the Tenancy Period Date of Tenancy Agreement Expiry or Earlier Termination of Tenancy [as perRule 5(2)] (if applicable)
(1) (2) (3) (4) (5) (6) (7) (8)
               
Form-II[See rule 5(1)]Intimation of expiry or earlier TerminationToThe Rent Authority______________________________________
1. T.R Number issued by the Rent Authority :
2. Document No. of tenancy agreement registeredbefore the Sub-Registrar (if any) :
3. Name and Address of the Landlord :
4. Name and Address of the Property Manager (ifany) :
5. Name(s) and Address of the Tenant :
6. Description of premises let to the tenantincluding appurtenant land, if any :
7. Date of Expiry or earlier Termination :
8. Date of return of possession to landlord : :
The landlord and the tenant jointly declare that all amounts due to the landlord have been duly discharged/satisfied by the tenant and no further amounts are payable by the tenant to the landlord or landlord to the tenant, as the case may be, on account of any kind whatsoever.
Name and Signature of landlord. Name and Signature of tenant.
Form-III[See rule 6]Application before the Rent Court for permissionBefore The Rent Court [ ]Name of the Applicant(Add description and the residential address of the Applicant)... ApplicantWhereas the premises specified in the Schedule hereto was recovered from the Tenant Thiru/Tmt. [ ] S/o / D/o [ ] as per the order of this Rent Court under clause (g) of sub-section (2) of section 21 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017) by order No. [ ] dated [ ].Now the Applicant has approached this Rent Court seeking permission to re-let the said premises due to:
(i)[his/her financial problems to run his family].
(ii)--------------------------------------------------------------------------------
(iii)--------------------------------------------------------------------------------
The Applicant prays for the Rent Court to grant permission to re-let the premises for the reasons disclosed above by virtue of the powers conferred on this Rent Court under sub-section (2) of section 22 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017).The Schedule.
S.No. Description of the premises Extent Landlord details
(1) (2) (3) (4)
       
VerificationI ...................................(Name of the Applicant) S/o. / W/o. / D/o. .................., aged ............, residing at ................................., do hereby verify that the contents of the Application are true to my personal knowledge and belief and I hereby declare that I have not suppressed any material fact.
Date:..................Place:........... Signature of the Applicant
Form-IV[See rule 8(1)]Application filed before the Rent AuthorityBefore the Rent Authority [ ]In the matter of Tenancy registered under T.R. No. [ ]A. Name of the Applicant(Add description and the residential address on which the service of notices is to be effected on the Applicant)... ApplicantVersusB. Name of the Opposite Party(Add description and the residential address on which the service of notices is to be effected on the Opposite Party).... Opposite PartyDetails of Application:
1. Particulars of violation against which thepresent application is made : :
2. Jurisdiction of the Rent Authority (Theapplicant declares that the subject matter of this application iswithin the jurisdiction of the Rent Authority) :
3. Facts of the case (Give here a concise statementof facts in a chronological order, each paragraph containing asnearly as possible a separate issue or fact). :
4. Grounds for relief : :
5. Matters notpreviously filed or pending with any other court (The applicantfurther declares that he/she had not previously filed anyapplication, petition, writ petition or suit regarding thematter in respect of which this application has been made, beforeany court or any other authority or any other Bench of the anytribunal nor any such application, writ petition or suit ispending before any of them.In case the applicant has previously filed anysuch application, writ petition or suit, the details of thependency of such cases filed; or if disposed, the decisions ofsuch cases to be enclosed.) :
6. Relief sought :(In view of thegrounds mentioned in para 4 above, the applicant prays for thefollowing relief(s)):-(Specify below the relief(s) sought explainingthe grounds for such relief(s) and the legal provisions, if any,relied upon). :
7. Interim order, if anyprayed for :Pending finaldecision on the application, the applicant seeks the followinginterim relief:(Give here the nature of the interim reliefprayed for). :
8. List of enclosures :1.2.3. :
VerificationI ...................................(Name of the Applicant) S/o. / W/o. / D/o. ................................................., aged....., residing at ................................., do hereby verify that the contents of paras .............. to .............are true to my personal knowledge and paras...............to ............. believed to be true on legal advice received and I hereby declare that I have not suppressed any material facts.
Date:..................Place:........... Signature of the Applicant
Form-V[See rule 10]Application filed before the Rent CourtIn The Rent Court At [ ]In the matter of Tenancy registered under T.R. No. [ ]A. Name of the Applicant(Add description and the residential address on which the service of notices is to be effected on the Applicant)... ApplicantVersusB. Name of the Respondent(Add description and the residential address on which the service of notices is to be effected on the Respondent(s)).... Respondent(S)Details of Application:
1. Particulars of violation against which thepresent application is made : :
2. Jurisdiction of theRent Court(The applicant declares that the subject matterof this application is within the jurisdiction of the Rent Court) :
3. Facts of the case(Give here a concise statement of facts in achronological order, each paragraph containing as nearly aspossible a separate issue or fact). :
4. Grounds for relief : :
5. Matters notpreviously filed or pending with any other court(The applicantfurther declares that he/she had not previously filed anyapplication, petition, writ petition or suit regarding thematter in respect of which this application has been made, beforeany court or any other authority or any other Bench of the anytribunal nor any such application, writ petition or suit ispending before any of them.In case the applicant has previously filed anysuch application, writ petition or suit, the details of thependency of such cases filed; or if disposed, the decisions ofsuch cases to be enclosed.) :
6. Relief sought :(In view of thegrounds mentioned in para 4 above, the applicant prays for thefollowing relief(s)):-(Specify below the relief(s) sought explainingthe grounds for such relief(s) and the legal provisions, if any,relied upon). :
7. Interim order, if anyprayed forPending finaldecision on the application, the applicant seeks the followinginterim relief:(Give here the nature of the interim reliefprayed for). :
8. List of enclosures :1.2.3. :
VerificationI ...................................(Name of the Applicant) S/o. / W/o. / D/o. .................., aged ............, residing at ................................., do hereby verify that the contents of paras .............. to .............are true to my personal knowledge and paras...............to ............. believed to be true on legal advice received and I hereby declare that I have not suppressed any material facts.
Date:..................Place:........... Signature of the Applicant
Form-VI[See rule 11]Appeal to be filed before the Rent CourtIn The Rent Court At [ ]In the matter of Tenancy registered under T.R. No. [ ]A. Name of the Appellant(Add description and the residential address on which the service of notices is to be effected on the Appellant).... AppellantVersusB. Name of the Respondent(Add description and the residential address on which the service of notices is to be effected on the Respondent(s))..... RespondentDetails of Appeal:
1. Particulars of the order of the Rent Authorityas against which the appeal is made :
2. Jurisdiction of theRent Court(The appellant declares that the subject matterof appeal as against which he wants redressal is within thejurisdiction of the Rent Court.) :
3. Limitation(The appellant further declares that the appealis within the limitation period prescribed in sub-section (2) ofsection 33 of the Tamil Nadu Regulation of Rights andResponsibilities of Landlords and Tenants Act, 2017 (Tamil NaduAct 42 of 2017)). :
4. Memorandum of Appeal(Grounds for appeal with legal provisions:) :
5. Matters notpreviously filed or pending with any other court(The appellantfurther declares that he/she had not previously filed anyapplication, petition, writ petition or suit regarding the matterin respect of which this appeal has been made, before any courtor any other authority or any other Bench of the Tribunal nor anysuch application, writ petition or suit is pending before any ofthem.In case the appellant has previously filed anysuch application, writ petition or suit, the details of thependency of such cases filed, or if disposed, the decisions ofsuch cases to be enclosed.) :
6. Relief sought(In view of the Memorandum provided in para 4above, the appellant prays for the following relief(s)) :- :
7. Interim order, if anyprayed forPending finaldecision on the appeal, the appellant seeks the followinginterim relief(Give here the nature of the interim reliefprayed for). :
8. List of enclosures1.2.3. :
VerificationI ...................................(Name of the Appellant) S/o. / W/o. / D/o. .................., aged ............, residing at ................................., do hereby verify that the contents of paras .............. to .............are true to my personal knowledge and paras............to ............. believed to be true on legal advice received and I hereby declare that I have not suppressed any material fact.
Date:..................Place:........... Signature of the Appellant
Form-VII[See rule 12(1)]Appeal to be filed before the Rent TribunalBefore The Rent Tribunal At [ ]In the matter of Tenancy registered under T.R. No. [ ]A. Name of the Appellant(Add description and the residential address on which the service of notices is to be effected on the Appellant)... AppellantVersusB. Name of the Respondent(Add description and the residential address on which the service of notices is to be effected on the Respondent(s))... RespondentDetails of Appeal:
1. Particulars of the order of the Rent Court asagainst which the appeal is made :
2. Jurisdiction of theRent Tribunal(The appellant declares that the subject matterof appeal as against which he wants redressal is within thejurisdiction of the Rent Tribunal.) :
3. Limitation(The appellant further declares that the appealis within the limitation period prescribed in sub-section (1) ofsection 38 of the Tamil Nadu Regulation of Rights andResponsibilities of Landlords and Tenants Act, 2017 (Tamil NaduAct 42 of 2017)). :
4. Memorandum of Appeal(Grounds for appeal with legal provisions) :
5. Matters notpreviously filed or pending with any other court(The appellantfurther declares that he/she had not previously filed anyapplication, petition, writ petition or suit regarding the matterin respect of which this appeal has been made, before any courtor any other authority or any other Bench of the Tribunal nor anysuch application, writ petition or suit is pending before any ofthem.In case the appellant has previously filed anysuch application, writ petition or suit, the details of thependency of such cases filed, or if disposed, the decisions ofsuch cases to be enclosed.) :
6. Relief sought(In view of the Memorandum provided in para 4above, the appellant prays for the following relief(s)) :- :
7. Interim order, if anyprayed forPending finaldecision on the appeal, the appellant seeks the followinginterim relief(Give here the nature of the interim reliefprayed for). :
8. List of enclosures1.2.3. :
VerificationI ...................................(Name of the Appellant) S/o. / W/o. / D/o. .................., aged ............, residing at ................................., do hereby verify that the contents of paras .............. to .............are true to my personal knowledge and paras............to ............. believed to be true on legal advice received and I hereby declare that I have not suppressed any material facts.
Date:..................Place:........... Signature of the Appellant