Section 34 in Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017
34. Procedure of Rent Court and Rent Tribunal.
(1)Subject to any rules that may be made under this Act, the Rent Court and the Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (Central Act 5 of 1908), but shall be guided by the principles of natural justice and shall have power to regulate their own procedure, and the Rent Court shall follow the following procedure, namely (a)the landlord or tenant may file an application before the Rent Court accompanied by affidavits and documents, if any;(b)the Rent Court then shall issue notice to the opposite party, accompanied by copies of application, affidavits and documents;(c)the opposite party shall file a reply accompanied by affidavits and documents, if any, after serving a copy of the same to the applicant;(d)the applicant may file a rejoinder, if any, after serving the copy to the opposite party;(e)the Rent Court shall then fix a date of hearing and may hold such summary inquiry as it deems necessary.(2)In every case, before the Rent Court and the Rent Tribunal the evidence of a witness shall be given by affidavit. However, the Rent Court and the Rent Tribunal, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, such witness can be produced and may order attendance for examination or cross-examination of such a witness.(3)The provisions of the Code of Civil Procedure, 1908 regarding service of summons shall be applicable mutatis mutandis for service of notice by the Rent Court or Rent Tribunal.(4)Every application or appeal, shall be, as far as possible in the forms as may be prescribed.(5)The Rent Court shall not ordinarily allow more than three adjournments at the request of a party throughout the proceedings and in case it decides to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay the reasonable cost.(6)(a)All applications under clauses (a), (b), (c), (e), (f) and (h) of sub-section (2) of section 21 shall be decided within 90 days of filing of application to the Rent Court.(b)Applications under clauses (d) and (g) of sub-section (2) of section 21 shall be decided within 30 days of filing of application to the Rent Court.
