Section 23(2) in Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011
(2)(a)The Controller on the receipt of application shall issue summon to the tenant within seven days of filing the application.(b)In addition to this, the Controller shall direct to send summon to the tenant or his agent by registered post with acknowledgement due and also to stick the second copy of the summon on any conspicuous visible portion of the house.(c)If the summon with the registered post is returned with the endorsement of the postman that the tenant or his agent refused to take the summon, the Controller after enquiry as he may think fit and being satisfied with the endorsement, may declare that the summon has been legally served on the tenant.(d)The tenant against whom service of summon has been declared valid, will have no right to oppose the petition of eviction till an affidavit within fifteen days of service of summon is filed mentioning the reason on the basis of which he opposes the petition of eviction and obtains the permission of the Controller on it. In case of failure of his appearance and obtaining Controller's permission, the statement of the landlord or his widow, father, mother, son, grandson, or widow daughter in-law, as the case may be, shall be deemed to be accepted by the tenant and the petitioner shall be entitled for the order of eviction of the tenant.(e)The Controller within fifteen days of filing of such affidavit shall give permission to the tenant to oppose the application, if the tenant has disclosed such facts which can debar the landlord, his widow, father, mother, son, grandson, widow daughter-in-law in getting back the possession of that residential house.(f)Where permission to oppose the application has been granted to the tenant the Controller shall not fix the date more than one month from the date of permission given to the tenant to oppose the application and hearing of the application shall continue on day-to-day basis till the disposal of the case and as far as possible, the decision shall be given within two months from the commencement of the hearing.(g)The Controller shall give appropriate time to the tenant to give back the possession of the residential house to the landlord, his widow, father, mother, son, grandson or widow daughter-in-law, as the case may be, but will not extend that time altogether more than two months.(h)Where such proceeding of enquiry in which this section is applicable, including the recording of statements of witnesses, the Controller will follow the procedure of a Court of Small Causes.
