Section 33 in Jammu and Kashmir Residential and Commercial Tenancy Act, 2012
33. Appeal, Revision and Review
(1) From every final order passed by the Rent Controller, an appeal shall lie to the Appellate Rent Tribunal and such an appeal shall be filed within a period of thirty days from the date of final order along-with copy of such final order.(2)The Appellate Rent Tribunal, upon filing an appeal before it under sub-section (1), shall serve notice, accompanied by copy of appeal to the respondent and fix a hearing not later than thirty days from the date of service of notice of appeal on the respondent and the appeal shall be disposed of within a period of one hundred and twenty days from the date of service of notice of appeal on the respondent.(3)Where the Appellate Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow filing of additional affidavits or documents at any stage of the proceedings in appeal.(4)The Appellate Rent Tribunal may, in its discretion, pass such interlocutory order during the pendency of the appeal, as it may deem fit.(5)While deciding the appeal, the Appellate Rent Tribunal after recording reasons therefore, may (i)confirm, vary, set aside, reverse or modify the order passed by a Rent Controller; and(ii)if necessary, in the interest of justice, remand the case to the Rent. Controller along with such direction as it may deem fit.(6)The decision of the Appellate Rent Tribunal shall be final and n-o further appeal or revision shall lie against the order.(7)On application of any of the parties and after notice to the parties and after hearing such of them, as have desired to be heard, or of its own motion without such notice, the Appellate Rent Tribunal may at any stage transfer any case from one Rent Controller to any other Rent Controller within the same district for disposal.(8)Where any case has been transferred under sub-section (7), the Rent Controller to whom the case has been transferred, subject to any special direction in the order of transfer, shall proceed from the stage at which it was transferred.
