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[Cites 0, Cited by 0] [Section 45] [Entire Act]

Union of India - Subsection

Section 45(8) in The Delhi Rent Act, 1995

(8)
(a)Every application by a landlord for the recovery of possession of any premises on the ground specified in clause (e) or clause or clause (r) of sub- section (2) of section 22, or under section 23, or under section 24, or under section 25, or under section 26, or under section 33, shall be dealt with in accordance with the procedure specified in this sub- section.
(b)The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in Schedule shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to con. test the application for eviction and obtains leave from the Rent Authority as hereinafter provided; and in default of his appearance in Pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid.
(c)The Rent Authority shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would desentitle the landlord from obtaining an order for the recovery of possession of the premises.
(d)Where leave is granted to the tenant to contest the application the Rent Authority shall ordinarily commence the hearing of the application within seven days of the grant of such leave and shall provide day to day hearing and shall dispose of the application within thirty days of starting of such hearing, failing such commencement of hearing or disposal of application within such time, the Rent Authority shall inform the Chairman of the Tribunal the reasons therefor.
(e)Where the leave to contest under clause is denied to the tenant, he may file an application for review before the Rent Authority Within ten days of such denial and the Rent Authority shall endeavour to dispose of such application within seven days of its filing.