Act Description : ANDHRA PRADESH BUILDINGS (LEASE, RENT AND

EVICTION) CONTROL ACT, 1960

Act Details :

ANDHRA PRADESH BUILDINGS (LEASE, RENT AND

EVICTION) CONTROL ACT, 1960

15 of 1960

21st, April 1960

STATEMENT OF OBJECTS AND REASONS At present, there are two

Acts, in force in the State which relate to the regulation of leasing of
buildings, control of rent thereof, and the prevention of unreasonable
eviction of tenants there from namely, the Madras Buildings (Lease
and Rent Control) Act 22 1949 (Madras Act XXV of 1949) and the
Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954
(Hyderabad Act XX of 1954). The former Act, is in force in the Andhra
Area while the latter Act, is in force in the Telangana area of the State.
In almost all material aspects the provisions in both the Acts, are
similar. In order to secure uniformity in the administration of the law
on the subject it is necessary to have a unified law applicable
throughout the State. The Government have, therefore decided to
integrate both the Acts. They have also decided to take the
opportunity to incorporate some new provisions in the law so as to
overcome certain difficulties experienced in the working of the existing
Acts. The Bill is intended to give effect to the above decisions. Some of
the important changes sought to be introduced in the law are the
following : (a) to adopt 5th April, 1944 as the crucial date with
reference to which the fair rent principles have to be applied by the
Controller in determining the fair rent of a building; and (b) to
enhance the existing percentage of increase, over and above the rent
or rental value of a building allowable by the Controller in fixing the
fair rent of that building by 50 per cent in each category of building.
Some of the important new provisions that are sought to be introduced
in the law are the following : (a) to prevent a landlord who has
obtained possession of a building for his occupation from letting out
the whole or part of it without himself occupying it; (b) to make a
provision empowering the Rent Controller to direct the tenant to hand
over possession of a building to the landlord to enable him to
reconstruct or renovate the old building, subject to certain safeguards;
and (c) to provide for the Collector to be the appellate authority on the
order of the Controller and the Board of Revenue to be the revisional
authority in the Act itself with powers reserved for the Government so
as to enable them to call for and examine the records of the
subordinate authority in respect of their proceedings and pass suitable
orders. (Vide Bill No.17 of 1959 published in A.P. Gazette Part IV-A,
dated 31-7-1959.)

The Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act,
1960 Received the assent of the President on 25th March, 1960
Published in A.P. Gazette (Ext.) Part IV-B, dated 21-4-1960. An Act to
consolidate and amend the law relating to the regulation of leasing of
buildings, the control of rent thereof and the prevention of
unreasonable eviction of tenants therefrom in the State of Andhra
Pradesh. Be it enacted by the Legislature of the State of Andhra
Pradesh in the Eleventh Year of the Republic of India as follows:

Section 1 Short title and application

(1) This Act may be called the Andhra Pradesh Buildings (Lease, Rent
and Eviction) Control Act, 1960.

(2)
(a) This Act, except sub-section (2) of Section 3, shall apply to the
cities of Hyderabad and Secunderabad *[Visakhapatnam and
Vijayawada] *[and to all Municipal Corporations and Municipalities in
the State of Andhra Pradesh].

(b) Sub-section (2) of Section 3 shall apply to the cities of Hyderabad

and Secunderabad, *[Visakhapatnam and Vijayawada] *[and to any
Municipal Corporation or Municipality in the State of Andhra Pradesh],
if the State Government, by notification in the Andhra Pradesh
Gazette, so direct.

(c) The State Government may, by notification in the Andhra Pradesh

Gazette, apply all or any of the provisions of this Act except sub-
section (2) of Section 3 to any other area in the State of Andhra
Pradesh with effect from such date as may be specified in the
notification, and may cancel or modify any such notification.

Section 2 Definitions

In this Act, unless the context otherwise requires,

(i)'Andhra area' means the territories which immediately before the

1st November, 1956, were comprised in the State of Andhra;

(ii)'Authorised officer' means any officer authorised by the Government

under sub-section (1) of Section 3.

(iii)'Building' means any house or hut or part of a house or hut, let or

to be let separately for residential or non-residential purposes and
includes :

(a) the gardens, grounds, garages and out-houses if any, appurtenant

to such house, hut or part of such house or hut and let or to be let
along with such house or hut or part of such house or hut;

(b) any furniture supplied or any fittings affixed by the landlord for use
in such house or hut or part of a house or hut, but does not include a
room in a hotel or boarding house;

(iv)'Controller' means any person not below the rank of a Tahsildar

appointed by the Government to perform the functions of a Controller
under this Act;

(v)'Government' means the State Government;

(vi)'Landlord' means the owner of a building and includes a person

who is receiving or is entitled to receive the rent of a building, whether
on his own account or on behalf of another person or on behalf of
himself and others or as an agent, trustee, executor, administrator,
receiver or guardian or who would so receive the rent or be entitled to
receive the rent, if the building were let to a tenant.

Explanation :- A tenant who sub-lets a building shall be deemed to be

a landlord within the meaning of this Act in relation to the sub-tenant;

(vii)'Prescribed' means prescribed by rules made under this Act;

(viii)'Telangana area' means the territories specified in sub-section (1)

of Section 3 of the States Reorganisation Act, 1956 (Central Act 37 of
1956);

(ix)'Tenant' means any person by whom or on whose account rent is

payable for a building and includes the surviving spouse, or any son or
daughter, of a deceased tenant who had been living with the tenant in
the building as a member of tenant's family up to the death of the
tenant and a person continuing in possession after the termination of
the tenancy in his favour, but does not include a person placed in
occupation of a building, by its tenant or a person to whom the
collection of rents or fees in a public market, cart-stand or slaughter-
house or of rents for shops has been farmed out or leased by a local
authority.

Section 3 Notice of vacancy

(1)

(a) Every landlord shall within ten days after the building becomes
vacant by his ceasing to occupy it, or by the termination of a tenancy,
or by the eviction of the tenant or by release from requisition or
otherwise give notice of the vacancy in writing to the officer authorised
in that behalf by the Government.

Explanation :- A landlord who, having obtained possession of a

building under sub-section (3) of Section 10, lets the whole or part of
it to a tenant shall be deemed to have failed to give notice under this
section.

(b) Every notice given under clause (a) shall contain such particulars
as may be prescribed.

(2) In any municipality (including the cities of Hyderabad and

Secunderabad, *[Visakhapatnam and Vijayawada] to which this sub-
section has been applied under clause (b) of sub-section (2) of Section
1, where the tenant of a building puts another person in occupation
thereof and does not re-occupy it within a period of three months,
then, on the expiry of such period, the tenancy shall be deemed to
have terminated and it shall be the duty of the tenant, and also of the
landlord if he is aware of such termination, to give notice thereof in
writing to the authorised officer within seven days of such termination
: Provided that where the tenant obtains written permission from the
authorised officer to re-occupy the building within a period of six
months, this sub-section shall have effect as if for the period of three
months specified therein a period of six months were substituted.

Explanation :- This sub-section shall not apply where the building has
been sub-let by a tenant entitled to do so, after giving due notice to
the authorised officer under sub-section (1) and in conformity with the
provisions of this Section.

(3) If, within fifteen days of the receipt by the authorised officer of a
notice under sub-section (1) or sub-section (2), the Government or
the authorised officer does not intimate to the landlord in writing that
the building is required for the purposes of the State Government or
the Central Government or of any local authority or of any public
institution under the control of any such Government, or for the
occupation of any officer of such Government, the landlord shall be at
liberty to let out the building to any tenant or to occupy it himself.

(4)

(a) The authorised officer may, on receipt of an application from the

landlord, or on receipt of a direction from the Government in
pursuance of an application made to them by the landlord, release
building for the occupation of the landlord.

(b) A landlord who has obtained possession of a building in pursuance

of an order under clause (a) shall occupy it himself and if he does not
himself occupy it but proposes either to let out or keep vacant the
whole or any part of the building for a period exceeding that permitted
by the authorised officer by order in writing, he shall give notice as
required under sub-section (1) as if the building has fallen vacant.
(c) Where a landlord fails to give intimation to the authorised officer as
required under clause (b), the Government or the authorised officer
shall have power, if the building is required for any of the purposes, or
for occupation by any of the officer specified in sub-section (3), to give
intimation to the landlord that the building is so required and
thereupon the provisions of sub-section (6) and (8) shall apply to the
building.

(5) The landlord shall not let the building to a tenant or occupy it
himself, before the expiry of the period of fifteen days specified in sub-
section (3), unless in the meantime he has received intimation that
the building is not required for the purposes, or for occupation by any
of the officer, specified in that sub-section.

(6) If the building is required for any of the purposes, or for

occupation by any of the officers specified in sub-section (3), the
landlord shall deliver possession of the building to the authorised
officer or to the allottee named by the authorised officer, as the case
may be, and the Government shall be deemed to be the tenant of the
landlord, with retrospective effect from the date on which the
authorised officer received notice under sub-section (1) or sub-section
(2), the terms of the tenancy being such as may be agreed upon
between the landlord and the tenant and in default of an agreement,
as may be determined by the Controller :-

Provided that -

(i) Where the landlord fails to deliver possession of the building to the
authorised officer within forty-eight hours of the receipt of the
intimation that the building is required for any of the purposes, or for
occupation by any of the officers specified in sub-section (3) or within
such further time as the authorised officer may by order in writing
allow, the Government shall be deemed to be the tenant of the
landlord only from the date on which he delivers possession;

(ii) Where owing to any omission or act or obstructive or preventive

tactics on the part of the landlord there has been delay in coming to a
decision whether or not the building is required for any of the
purposes, or for occupation by any of the officer specified in sub-
section (3) the Government shall be deemed to be the tenant of the
landlord only from such later date as may be fixed by the authorised
officer having regard to the circumstances of each case;

(iii) the rent payable shall be the fair rent, if any, fixed for the building
under the provisions of this Act; and if no fair rent has been so fixed,
such reasonable rent as the authorised officer may determine;

(iv) the reasonable rent fixed by the authorised officer under the
foregoing proviso shall be subject to such fair rent as may be
determined by the Controller;

(v) if the building is a residential building, it shall not be converted into

a non-residential building, unless the permission in writing of the
Controller is obtained under Section 18;

(vi) no structural alterations shall be made in the building unless the

consent of the landlord is also obtained therefor.

(7) In cases not falling under sub-section (6) where the landlord,
without having occupied the building himself, lets it to any tenant after
a notice is given to the authorised officer under sub-section (1) or sub-
section (2), the tenancy shall be deemed to have been ante-dated by
the number of days during which the landlord was prohibited from
letting the building to any tenant by virtue of sub-section (5) and the
tenant shall be liable to pay rent for those days also.

(8)

(a) Any officer empowered by the Government in this behalf may

summarily dispossess

(i) any landlord, tenant or other person occupying any building in

contravention of the provisions of this section or any landlord who fails
to deliver to the Government possession of any building in respect of
which they are deemed to be the tenant by virtue of this section; or

(ii) any officer, local authority, or public institution continuing to

occupy, or failing to deliver possession of, any building in respect of
which the Government are deemed to be the tenant by virtue of this
section, after the termination of his or its licence to occupy such
building, and take possession of the building including any portion
thereof which may have been sublet.

Explanation :- The provisions of this clause shall apply also to cases

which arose before the date of the commencement of this Act.

(b) If free access to the building is not afforded to the officer

empowered under clause (a) he may after giving reasonable warning
and facility to withdraw to any woman not appearing in public
according to the customs of the country, remove or open any local or
bolt or break open any door or do any other act necessary for effecting
such dispossession.

(c) Any landlord, tenant or other person or any officer, local authority
or public institution, liable to be summarily dispossessed under clause
(a), shall pay to the Government

(i) the fair rent payable for the building under the provisions of this Act
for the period of his or its occupation or possession thereof as
described in that clause; and

(ii) the expenses, if any, incurred by the Government in effecting such

summary dispossession, as determined by them. (9) Nothing in this
section shall apply

(a) to a residential building the monthly rent of which does not exceed
twenty-five rupees; or

(b) to a non-residential building the monthly rent of which does not

exceed fifty rupees; or

(c) to any building or buildings in the same city, town or village,

owned by any company, association or firm, whether incorporated or
not, and bona fide intended solely for the occupation of its officer,
servants or agents.

Section 4 Determination of fair rent

(1) The Controller shall, on application by the tenant or landlord of a

building, fix the fair rent for such building after holding such enquiry
as the Controller thinks fit.

(2) In fixing the fair rent under this section the Controller shall have
due regard -

(a) to the prevailing rates of rent in the locality for the same or similar
accommodation in similar circumstances during the twelve months
prior to the 5th April, 1944;

(b) to the rental value as entered in the property tax assessment book
of the concerned local authority relating to the period mentioned in
clause (a);

(c) to the circumstances of the case, including any amount paid by the
tenant by way of premium or any other like sum in addition to rent
after the 5th April, 1944.

(3) In fixing the fair rent of residential buildings, the Controller may
allow

(i) if the rate of rent or rental value referred to in sub-section (2) does
not exceed twenty-five rupees per mensem, an increase not exceeding
12 1/2per cent on such rate or rental value;

(ii) if the rate of rent or rental value exceeds twenty-five rupees per
mensem, but does not exceed fifty rupees per mensem, an increase
not exceeding 18 3/4 per cent on such rate or rental value;

(iii) if the rate of rent or rental value exceeds fifty rupees an increase
not exceeding 37 1/2 per cent, on such rate or rental value : Provided
that in the case of residential building which has been constructed
after the 5th April, 1944, the percentage of increase shall not exceed
37 1/2, 56 1/4 and 75 respectively.

(4) In fixing the fair rent of a non-residential building, the Controller

may allow -

(i) if the rate of rent or rental value referred to in sub-section (2) does
not exceed fifty rupees per mensem, an increase not exceeding 56¬
per cent, on such rate or rental value;

(ii) if the rate of rent or rental value exceeds fifty rupees per mensem,
an increase not exceeding 75 per cent, on such rate or rental value :
Provided that in the case of a non-residential building which has been
constructed after the 5th April, 1944, the percentage of increase shall
not exceed 75 and 150 respectively.

(5) In the case a building for which the fair rent has been fixed before
the commencement of this Act, the Controller shall, on the application
of the landlord, allow such increase in the fair rent as in the opinion of
the Controller, the landlord is entitled to under this section.

Section 5 Increase in fair rent in what cases admissible

(1) When the fair rent of a building has been fixed under this Act, no
further increase in such fair rent shall be permissible except in cases
where some addition, improvement or alteration has been carried out
at the landlord's expense and if the building is then in the occupation
of a tenant, at his request :
Provided that the increase shall be calculated at a rate per annum not
exceeding six per cent of the cost of such addition, improvement or
alteration carried out and the fair rent as increased under this sub-
section shall not exceed the fair rent payable under this Act for a
similar building in the same locality with such addition, improvement
or alteration;

Provided further that any dispute between the landlord and the tenant
in regard to any increase claimed under this sub-section shall be
decided by the Controller.

(2) Where after the fair rent of a building has been fixed under this
Act, there is a decrease or diminution in the accommodation or
amenities provided, the tenant may claim a reduction in the fair rent
as so fixed :-

Provided that any dispute between the landlord and the tenant in
regard to any reduction so claimed shall be decided by the Controller.

Section 6 Increase of rent in certain cases

(1) Where the amount of taxes and cesses payable by the landlord in
respect of any building to a local authority is enhanced after the
fixation of the fair rent under Section 4, the landlord shall be entitled
to claim half of such excess from the tenant in addition to the rent
payable for the building under this Act :

Provided that such excess shall not be recoverable insofar as it has

resulted from an increase of rent in respect of the building.
(2) Any dispute between the landlord and the tenant in regard to any
increase claimed under sub-section (1) shall be decided by the
Controller.

Section 7 Landlord not to claim or receive anything in

excess of fair rent or agreed rent

Where the Controller has fixed the fair rent of a building : -

(a) the landlord shall not claim, receive or stipulate for the payment of
(i) any premium or other like sum in addition to such fair rent, or (ii)
save as provided in Section 5 or Section 6, anything in excess of such
fair rent :

Provided that the landlord may receive, or stipulate for the payment of
an amount not exceeding one month's rent by way of advance;

(b) save as provided in clause (a), any premium or other like sum or
any rent paid in addition to, or in excess of, such fair rent, whether
before or after the commencement of this Act, in consideration of the
grant, continuance or renewal of the tenancy of the building after such
commencement, shall be refunded by the landlord to the person by
whom it was paid or at the option of such person, shall be otherwise
adjusted by the landlord :-

Provided that where before the determination of the fair rent, rent has
been paid in excess thereof, the refund or adjustment shall be limited
to the amount paid in excess for a period of six months prior to the
date of application by the tenant or the landlord under sub-section (1)
of Section 4 for fixing the fair rent.
(2) Where the fair rent of a building has not been so fixed -

(a) the landlord shall not, after the commencement of this Act, claim,
receive or stipulate for the payment of any premium or other like sum
in addition to the agreed rent :-

Provided that the landlord may receive, or stipulate for the payment
of, an amount not exceeding one month's rent by way of advance;

(b) save as provided in clause (a), any sum paid in excess of the
agreed rent whether before or after the commencement of this Act, in
consideration of the grant, continuance or renewal of the tenancy of
the building after such commencement, shall be refunded by the
landlord to the person by whom it was paid or, at the option of such
person, shall be otherwise adjusted by the landlord.

(3) Any stipulation in contravention of sub-section (1) or sub-section

(2) shall be null and void.

Section 8 Right of tenant paying rent or advance to receipt

(1) Every tenant who makes a payment on account of rent or advance

shall be entitled to obtain a receipt for the amount paid duly signed by
the landlord or his authorised agent.

(2) Where a landlord refuses to accept, or evades the receipt of, any
rent lawfully payable to him by a tenant in respect of any building, the
tenant may, by notice in writing, require the landlord to specify within
ten days from the date of receipt of the notice by him, a bank into
which the rent may be deposited by the tenant to the credit of the
landlord :-
Provided that such bank shall be one situated in the city, town or
village in which the building is situated or if there is no such bank in
such city, town or village, within three miles of the limits thereof.

Explanation :- It shall be open to the landlord to specify from time to

time by a written notice to the tenant and subject to the proviso
aforesaid, a bank different from the one already specified by him
under this sub-section.

(3) If the landlord specifies a bank aforesaid, the tenant shall deposit
the rent in the bank and shall continue to deposit in at any rent which
may subsequently become due in respect of the building.

(4) If the landlord does not specify a bank as aforesaid the tenant
shall remit the rent to the landlord by money order, after deducting
the money order commission and continue to remit any rent which
may subsequently become due in respect of the building in the same
manner until the landlord signifies by a written notice to the tenant his
willingness to accept the rent or specifies a bank in which the rent
shall be deposited in accordance with the provisions of sub-section (2).

(5) If the landlord refuses to receive the rent remitted by money order
under sub-section (4), the tenant may deposit the rent before such
authority and in such manner as may be prescribed, and continue to
deposit any rent which may subsequently become due in respect of
the building, before the same authority and in the same manner, and
the amount deposited may, subject to such conditions as may be
prescribed, be withdrawn by the person held by the Controller, to be
entitled to the amount on application made by such person to the
Controller in that behalf.

Section 9 Right of tenant to deposit rent in certain cases

(1) Where the address of the landlord or his authorised agent is not
known to the tenant, he may deposit the rent lawfully payable to the
landlord in respect of the building, before such authority and in such
manner as may be prescribed, and continue to deposit any rent which
may subsequently become due in respect of the building before the
same authority and in the same manner until the address of the
landlord or his authorised agent becomes known to the tenant.

(2) The amount deposited under sub-section (1) may subject to such
conditions as may be prescribed, be withdrawn by the person held by
the Controller to be entitled to the amount on application made by
such person to the Controller in that behalf.

(3) Where any bona fide doubt or dispute arises as to the person who
is entitled to receive the rent for any building the tenant may deposit
such rent before such authority and in such manner as may be
prescribed and shall report to the Controller the circumstances under
which such deposit was made by him and may continue to deposit any
rent which may subsequently become due in respect of the building
before the same authority and in the same manner until the doubt is
removed or the dispute is settled by the decision of the competent
Court or by a settlement between the parties or until the Controller
makes an order under clause (b) of sub-section (4) as the case may
be.

(4)

(a) The Controller to whom a report is made under sub-section (3)

shall, if satisfied that a bona fide doubt or dispute exists in the matter,
direct that, pending removal of the doubt or settlement of the dispute
as aforesaid, the deposit be held by the authority concerned.

(b) If the Controller is not so satisfied, he shall forthwith order

payment of the amount deposited to the landlord.

(5) Where the Controller passes an order under clause (a) of sub-
section (4) any amount or amounts deposited under sub-section (3)
may be withdrawn only by the person who is declared by a competent
Court to be entitled thereto, or in case the doubt or dispute is removed
by a settlement between the parties, only by the person who is held
by the Controller to be entitled to the amount or amounts in
accordance with such settlement.

Section 10 Eviction of tenants

(1) A tenant shall not be evicted whether in execution of a decree or

otherwise except in accordance with the provisions of this section or
Sections 12 and 13 :

Provided that where the tenant, denies the title of the landlord or
claims right of permanent tenancy, the Controller shall decide whether
the denial or claim is bona fide and if he records a finding to that
effect, the landlord shall be entitled to sue for eviction of the tenant in
a Civil Court and the Court may pass a decree for eviction on any of
the grounds mentioned in the said sections, notwithstanding that the
Court finds that such denial does not involve forfeiture of the lease or
that the claim is unfounded.

(2) A landlord who seeks to evict his tenant shall apply to the
Controller for a direction in that behalf. If the Controller, after giving
the tenant a reasonable opportunity of showing cause against
application, is satisfied -

(i) that the tenant has not paid or tendered the rent due by him in
respect of the building within fifteen days after the expiry of the time
fixed in the agreement of tenancy with his landlord or in the absence
of any such agreement, by the last day of the month next following
that for what the rent is payable, or

(ii) that the tenant has, in the Andhra Area, after the 23rd October,
1945, and in the Telangana area after the commencement of the
Hyderabad Houses Rent Control Order of 1353-Fasli, without the
written consent of the landlord

(a) transferred his right under the lease or sub-let the entire building
or any portion thereof if the lease does not confer on him any right to
do so, or

(b) used the building for a purpose other than that for which it was
leased, or

(iii) that the tenant has committed such acts of waste as are likely to
impair materially the value or utility of the building, or

(iv) that the tenant has been guilty of such acts and conduct which are
a nuisance to the occupiers of other portions in the same building or
buildings in the neighbourhood, or

(v) that the tenant has secured alternative building or ceased to

occupy the building for a continuous period of four months without
reasonable cause, or

(vi) that the tenant has denied the title of the landlord or claimed a
right of permanent tenancy and that such denial or claim was not bona
fide, the Controller shall make an order directing the tenant to put the
landlord in possession of the building and if the Controller is not so
satisfied, he shall make an order rejecting the application :

Provided that in any case falling under clause (i), if, the Controller is
satisfied that the tenant's default to pay or tender rent was not wilful,
he may, notwithstanding any thing in Section 11, give the tenant a
reasonable time, not exceeding fifteen days, to pay or tender the rent
due by him to the landlord up to the date of such payment or tender
and on such payment or tender, the application shall be rejected.
(3)

(a) A landlord may subject to the provisions of clause (d), apply to the
Controller for an order directing the tenant to put the landlord in
possession of the building

(i) in case it is a residential building -

(a) if the landlord is not occupying a residential building of his own in

the city, town or village concerned and he requires it for his own
occupation;

(b) if the landlord who has more buildings than one in the city, town or
village concerned is in occupation of one such building and he bona
fide requires another building instead, for his own occupation;

(ii) in case it is a non-residential building which is used for the purpose

of keeping a vehicle or adapted for such use, if the landlord requires it
for his own use and he is not occupying any such building in the city,
town or village concerned which is his own or to the possession of
which he is entitled whether under this Act or otherwise.

(iii) in case it is any other non-residential building, if the landlord is

not occupying a non-residential building in the city, town or village
concerned which is his own or to the possession of which he is entitled
whether under this Act or otherwise

(a) for the purpose of a business which he is carrying on, on the date
of the application, or

(b) for the purpose of a business which in the opinion of the Controller,
the landlord bona fide proposes to commence :

Provided that a person who becomes a landlord after the

commencement of the tenancy by an instrument inter vivos shall not
be entitled to apply under this clause before the expiry of three
months from the date on which the instrument was registered;
Provided further that where a landlord has obtained possession of a
building under this clause he shall not be entitled to apply again under
this clause -

(i) in case he has obtained possession of a residential building, for

possession of another residential building of his own;

(ii) in case he has obtained possession of a non-residential building,

for possession of another non-residential building of his own.

(b) Where the landlord of a building, whether residential or non-

residential, is a religious, charitable, educational or other public
institution, it may, if the building is required for the purposes of the
institution, apply to the Controller, subject to the provisions of clause
(a) for an order directing the tenant to put the institution in possession
of the building;

(c) a landlord who is occupying only a part of a building, whether

residential or non-residential, may, notwithstanding anything in clause
(a), apply to the Controller for an order directing any tenant occupying
the whole or any portion of the remaining part of the building to put
the landlord in possession thereof, if he requires additional
accommodation for residential purposes or for the purpose of a
business which he is carrying on, as the case may be;

(d) Where the tenancy is for a specified period agreed upon between
the landlord and the tenant, the landlord shall not be entitled to apply
under this sub-section before the expiry of such period;

(e) The Controller shall, if he is satisfied that the claim of the landlord
is bona fide, makes an order directing the tenant to put the landlord in
possession of the building on such date as may be specified by the
Controller and if the Controller is not so satisfied, he shall make an
order rejecting the application

: Provided that, in the case of an application under (c), the Controller

shall reject the application if he is satisfied that the hardship which
may be caused to the tenant by granting it will outweigh the
advantage to landlord;

Provided further that the Controller may give the tenant a reasonable
time for putting the landlord in possession of the building and may
extend such time so as not to exceed three months in the aggregate.

(4) No order for eviction shall be passed under sub-section (3) -

(i) against any tenant who is engaged in any employment or class of

employment notified by the Government as an essential service for the
purposes of this sub-section unless the landlord is himself engaged in
any employment or class of employment which has been so notified;
or

(ii) in respect of any building which has been left for use as an
educational institution and is actually being used as such, provided
that the institution has been recognised by the Government or any
authority empowered by them in this behalf, so long as such
recognition continues.

(5)

(a) Where a landlord who has obtained possession of a building in

pursuance of an order under sub-section (3) does not himself occupy it
and for the purpose specified in the order within one month of the date
of obtaining possession, or having so occupied it, vacates it without
reasonable cause within six months of such date, the tenant who has
been evicted may apply to the Controller for an order directing that he
shall be restored possession of the building and the Controller shall
make an order accordingly notwithstanding anything in Section 3.

(b) Where a tenant who is entitled to apply for possession under

clause (a) fails to do so within month from the date on which the right
to make the application accrued to him, the Government or the
authorised officer shall have power, if the building is required for any
of the purposes, or for occupation by any of the officer specified in
sub-section (3) of that section, to give intimation to the landlord that
the building is so required, and thereupon the provisions of sub-
sections (6) and (8) of Section 3 shall apply to the building :

Provided that this clause shall not apply to a residential building the
monthly rent of which does not exceed twenty five rupees or to a non-
residential building the monthly rent of which does not exceed fifty
rupees.

(6) Where the Controller is satisfied that any application made by a

landlord for the eviction of a tenant is frivolous or vexatious, the
Controller may direct that compensation, not exceeding fifty rupees be
paid by such landlord or the tenant.

(7) When an application under sub-section (2) or sub-section (3) for

evicting a tenant has been rejected by the Controller, the tenancy
shall, subject to the provisions of this Act be deemed to continue on
the same terms and conditions as before and shall not be terminable
by the landlord except on one or more of the grounds mentioned in
sub-section (2) or sub-section (3).

(8) Notwithstanding anything in this section, no person who is

receiving or is entitled to receive the rent of a building merely as an
agent of the landlord shall, except with the previous written consent of
the landlord, be entitled to apply for the eviction of a tenant.

Section 11 Payment or deposit of rent during the

pendency of proceedings for eviction

(1) No tenant against whom an application for eviction has been made
by a landlord under Section 10, shall be entitled to contest the
application before the Controller under that section, or to prefer any
appeal under Section 20 against any order made by the Controller on
the application, unless he has paid to the landlord or deposits with the
Controller or the appellate authority, as the case may be, all arrears of
rent due in respect of the building up to the date of payment or
deposit and continues to pay or deposit any rent which may
subsequently become due in respect of the building, until the
termination of the proceedings before the Controller or the appellate
authority, as the case may be.

(2) The deposit of rent under sub-section (1) shall be made within the
time and in the manner prescribed.

(3) Where there is any dispute as to the amount of rent to be paid or

deposited under sub-section (1) the Controller or the appellate
authority, as the case may be, shall on application made to him either
by the tenant or by the landlord, and after making such inquiry as he
deems necessary, determine summarily the rent to be so paid or
deposited.

(4) If any tenant fails to pay or to deposit the rent as aforesaid, the
Controller or the appellate authority, as the case may be, shall, unless
the tenant shows sufficient cause to the contrary, stop all further
proceedings and make an order directing the tenant to put the
landlord in possession of the building.

(5) The amount deposited under sub-section (1) may, subject to such
conditions as may be prescribed, be withdrawn by the landlord on
application made by him in that behalf to the Controller or the
appellate authority, as the case may be.

Section 12 Recovery of possession by landlord for repairs,

alterations or additions or for reconstruction

(1) Notwithstanding anything in this Act, on an application made by a

landlord, the Controller may, if he is satisfied

(a) that the building is reasonably and bona fide required by the
landlord for carrying out repairs, alterations or additions which cannot
be carried out without the building being vacated; or

(b) that the building consists of not more than two floors and is
reasonably and bona fide required by the landlord for the immediate
purpose of demolishing it and such demolition is to be made for the
purpose of erecting a new building on the site of the building sought to
be demolished, pass an order directing the tenant to deliver
possession of the building to the landlord before a specified date.

(2) No order for recovery of possession under this section shall be

passed unless the landlord gives an undertaking that the building on
completion of repairs, alterations or additions or the new building on
its completion will be offered to the tenant, who delivered possession
in pursuance of an order under sub- section (1), for his occupation
before the expiry of such period as may be specified by the Controller
in this behalf.

(3) In case the tenant, to whom the building or the new building, as
the case may be, is offered under sub-section (2) by the landlord does
not want to occupy it the landlord shall give notice of vacancy in
writing to the authorised officer under sub- section (1) of Section 3.

(4) Nothing in this section shall entitle the landlord, who has recovered
possession of the building for repairs, alterations or additions or for
reconstruction to convert a residential building into a non-residential
building or a non-residential building into a residential building unless
such conversion is permitted by the Controller at the time of passing
an order under sub-section (1).

Section 13 Recovery of possession by landlord for repairs,

alterations or additions or for reconstruction of building in
respect of which Government shall be deemed to be the
tenant

(1) Notwithstanding anything in this Act, on an application made by a

landlord of a building in respect of which the Government shall be
deemed to be the tenant, the authorised officer may, if he is satisfied
:-

(a) that the building is reasonably and bona fide required by the
landlord for carrying out repairs, alterations or additions which cannot
be carried out without the building being vacated; or

(b) that the building consists of not more than two floors and is
reasonably and bona fide required by the landlord for the immediate
purpose of demolishing it and such demolition is to be made for the
purpose of erecting a new building on the site of the building sought to
be demolished, pass an order directing the allottee to deliver
possession of the building to the landlord before a specified date.

(2) No order for recovery of possession under this section shall be

passed unless the landlord gives an undertaking that the building on
completion of the repairs, alterations or additions or the new building
on its completion will be offered to the authorised officer before the
expiry of such period as may be specified by the authorised officer in
this behalf, for re-allotment to any person named by the authorised
officer.

(3) Nothing in this section shall entitle the landlord, who has recovered
possession of the building for repairs, alterations or additions or for
reconstruction to convert a residential building into a non-residential
building or a non-residential building into a residential building unless
such conversion is permitted by the authorised officer at the time of
passing an order under sub-section (1).

Section 14 Landlord not to interfere with amenities

enjoyed by the tenant

(1) No landlord shall, without just or sufficient cause, cut off, or

withhold any of the amenities enjoyed by the tenant.

(2) A tenant in occupation of a building may, if the landlord has

contravened the provisions of this section make an application to the
Controller complaining of such contravention.

(3) If the tenant satisfies the Controller that the amenities were cut off
or withheld without just or sufficient cause, the Controller may pass an
interim order, directing the landlord to restore the amenities
immediately, pending the inquiry referred to in sub-section (4).

Explanation :- An interim order may be passed under this sub-section

without giving notice to the landlord.

(4) If the Controller on inquiry finds that the tenant has been in
enjoyment of the amenities and that they were cut off or withheld by
the landlord without just or sufficient cause, he shall make an order
directing the landlord to restore such amenities.

(5) If any of the amenities enjoyed by the tenant are stopped by any
person other than the landlord by reason of the landlord's failure to
pay the taxes or other charges, the tenant may pay such taxes or
other charges and have the amenities restored and deduct from the
rent the amounts so paid by him towards such taxes or other charges.

(6) The Controller may in his discretion direct that compensation not
exceeding fifty rupees -

(a) be paid to the landlord by the tenant, if the application under sub-
section (2) was made frivolously or vexatiously;

(b) be paid to the tenant by the landlord, if the landlord has cut off or
withheld the amenities frivolously or vexatiously.

Explanation :- In this section, the expression 'amenities' include supply

of water, electricity, passages, staircases, light, lavatories, lifts, and
conservancy or sanitary services.

Section 15 Execution of orders

Every order made under Section 10, Section 12, Section 13 or Section
14 and every order passed on appeal under Section 20 or on revision
under Section 22 and every order as to costs under Section 21 shall be
executed by the Controller :

Provided that an order passed in execution under this section shall not
be subject to an appeal, but shall be subject to revision under Section
22.

Section 16 Decisions which have become final not to be

reopened

The Controller shall summarily reject any application under sub-

section (2), or sub-section (3) of Section 10 or under Section 12 which
arises between the same parties or between parties under whom they
or any of them claim, substantially the same issues as have been
finally decided or as purport to have been finally decided, in a former
proceeding under this Act or under any law corresponding thereto in
force at the relevant time prior to the commencement of this Act.

Section 17 Orders of Controller, appellate and revisional

authority to be pronounced in open Court

Every order passed by a Controller or an appellate or revisional

authority under this Act shall be pronounced in open Court on the day
on which the case is finally heard, or on some future day of which due
notice shall be given to the parties.

Section 18 Conversion into non-residential building

No residential building shall be converted into a non-residential

building except with the permission in writing of the Controller.

Section 19 Failure by landlord to make necessary repairs

If a landlord fails to make necessary repairs to the building within a

reasonable time after notice is given

(a) by the authorised officer in respect of a building of which the

Government shall be deemed to be the tenant under sub-section (6) of
Section 3;
(b) by the tenant in respect of any other building; the authorised
officer aforesaid may, in the case referred in clause (a), make such
repairs or have them made by the allottee and deduct the cost thereof
from the rent payable for the building or ask the allottee to make such
a deduction from the rent payable; and the Controller may, in the case
referred to in clause (b); direct, on application by the tenant, that such
repairs may be made by the tenant and that the cost thereof may be
deducted by the tenant from the rent payable for the building :-

Provided that the cost of repairs, and the deduction thereof which the
authorised officer or the Controller, as the case may be, may authorise
shall not exceed in any one year one-twelfth of the rent payable in
respect of the building for that year.

Section 20 Appeal

(1) Any person aggrieved by an order passed by the Controller may,

within thirty days, from the date of such order, prefer an appeal in
writing to the Chief Judge, Small Causes Court in the cities of
Hyderabad and Secunderabad and elsewhere to the Subordinate Judge
or if there are more than one Subordinate Judge, to the Principal
Subordinate Judge having original jurisdiction over the area aforesaid.
In computing the said period of thirty days the time taken to obtain a
certified copy of the order appealed against shall be excluded.

(2) On such appeal being preferred, the appellate authority may order
stay of further proceedings in the matter pending decision on the
appeal.

(3) The appellate authority shall send for the records of the case from
the Controller and after giving the parties an opportunity of being
heard and, if necessary, after making such further inquiry as he thinks
fit either personally or through the Controller, shall decide the appeal.
Explanation :- The appellate authority may, while confirming the order
of eviction passed by the Controller grant an extension of time to the
tenant for putting the landlord in possession of the building.

(4) The decision of the appellate authority and subject to such

decision, an order of the Controller shall be final and shall not be liable
to be called in question in any Court of law, except as provided in
Section 22.

Section 21 Costs

Subject to such conditions and limitations, if any, as may be

prescribed, the costs of and incident to all proceedings before the
Controller or the appellate authority referred to in Section 20 shall be
in the discretion of the Controller or the appellate authority, who shall
have full power to determine by whom or out of what property and to
what extent such costs are to be paid, and to give all necessary
directions for the purpose.

Explanation:- The appellate authority may set aside or vary any order
passed by the Controller in regard to the costs of and incident to the
proceedings before him.

Section 22 Revision

(1) The High Court may, at any time, on the application of any
aggrieved party, call for and examine the records relating to any order
passed or proceeding taken under this Act by the Controller in
execution under Section 15 or by the appellate authority on appeal
under Section 20, for the purpose of satisfying itself as to the legality,
regularity or of propriety of such order in reference thereto as it thinks
fit.

(2) The costs of and incidental to all proceedings, before the High
Court under sub-section (1) shall be in its discretion.

Section 23 Order under this Act to be binding on sub-

tenants

Any order for the eviction of a tenant passed under this Act shall be
binding on all sub-tenants under such tenant whether they were
parties to the proceeding or not and whether they became sub-tenants
before or after the date of the application for eviction provided that
such order was not obtained by fraud or collusion.

Section 24 Proceedings by or against legal representatives

(1) Any application made, appeal preferred, or proceedings taken

under this Act by or against any person, may in the event of his death,
be continued by or against his legal representatives.

(2) Where any application, appeal or other proceeding could have been
made, preferred or taken, under this Act by or against any person,
such application, appeal or other proceeding, may, in the event of his
death, be made, preferred or taken by or against his legal
representatives.

Section 25 Summonses to witnesses

Subject to such conditions and limitations as may be prescribed, the
Controller may, in his discretion, issue summonses to witnesses
requiring them to attend in person to give evidence or to produce
documents in their custody in connection with any proceedings before
him.

Section 26 Exemptions

Notwithstanding anything in this Act the Government may, by

notification in the Andhra Pradesh Gazette, exempt, subject to such
conditions and terms, if any, as they may specify in the notification,
any building or class of buildings from all or any of the provisions of
this Act.

Section 27 Executive authorities of local bodies to furnish

certified extracts from property tax assessment books

The executive authority of the concerned local authority shall, on

application made in this behalf and on payment of such fee as may,
from time to time, be fixed by the Government by notification in the
Andhra Pradesh Gazette, grant to the applicant a certified copy of the
extract from the property tax assessment book of the local authority,
showing the rental value of the building or buildings in respect of
which application has been made, relating to the period specified in
the application. Such certified copy shall be received as evidence of
the facts stated therein, in proceedings under this Act.

Section 28 Landlord and tenant to furnish particulars

Every landlord and every tenant of a building shall be bound to furnish
to the Controller or any person authorised by him in that behalf, such
particulars in respect of the building as may be prescribed by rules
made under this Act.

Section 29 Penalties

It any person contravenes any of the provisions of sub-section (1),

(2), (4)(b), (5) and (6) of Section 3, sub-sections (1)(a) and (2)(a) of
Section 7, sub-section (1) of Section 14, Section 18 and Section 28, he
shall be punishable with fine which may extend to two thousand
rupees.

Section 30 Power to make rules

(1) The Government may by notification in the Andhra Pradesh

Gazette, make rules to carry out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such

rules may provide for -

(a) all matters expressly required or allowed by this Act to be

prescribed;

(b) the procedure to be followed by Controller and appellate

authorities in the performance of their functions under this Act;

(c) the manner in which notices and orders, under this Act shall be
given or served;

(d) setting aside ex parte orders passed under this Act;

(e) applications for making legal representatives of deceased persons,
parties to proceedings under this Act and time within such applications
shall be preferred;

(f) the procedure to be followed in taking possession of a building and

in disposing of the articles found therein at the time of taking
possession;

(g) the fee leviable in respect of applications and appeals under this
Act; and

(h) any other matters for which there is no provision or no sufficient

provision in this Act and for which provision is, in the opinion of the
Government, necessary for giving effect to the purposes of this Act.

(3) In making a rule under this section, the Government may provide
that a person who contravenes any of the provisions thereof shall be
punishable with fine which may extend to two thousand rupees.

(4) All rules made under this section, shall, as soon as may be after
they are made, be laid on the table of both the Houses of the State
Legislature for fourteen days and shall be subject to such modification,
whether by way of repeal or amendment, as the State Legislature may
make during the session in which they are so laid.

Section 31 Power to enter and inspect premises

The Controller or any person authorised in writing by him in this

behalf, by general or special order, may enter and inspect any building
for the purpose of any inquiry or for any other purpose connected with
this Act or the rules made thereunder.

Section 32 Act not to apply to certain buildings

The provisions of this Act shall not apply;

(a) to any building owned by the Government;

(b) to any building constructed on or after the 26th August, 1957.

Section 33 Repeals and Savings

The Madras Buildings (Lease and Rent Control) Act, 1949 (Madras Act
XXV of 1949), and the Hyderabad Houses (Rent, Eviction and Lease)
Control Act, 1954 (Hyderabad Act XX of 1954) (hereinafter in this
section referred to as the Repealed Acts) are hereby repealed :-

Provided that the repeal shall not affect -

(a) the previous operation of the Repealed Acts or anything duly done
or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or

incurred under the Repealed Acts; or

(c) any penalty or punishment incurred in respect of any offence

committed under the Repealed Acts; or

(d) any investigation, legal proceedings or remedy in respect of any

such right, privilege, obligation, liability, penalty or punishment as
aforesaid; and any such investigation, legal proceeding or remedy may
be instituted, continued or enforced, and any such penalty or
punishment may be imposed as if this Act had not been passed subject
to the condition that after the commencement of this Act, no sentence
of imprisonment shall be passed in any case under Section 16 of the
Repealed Madras Act pending on such commencement;
Provided further that subject to the preceding proviso, anything done
or any action taken including any appointment made, notification,
order, instruction or direction issued, or rule framed under the
Repealed Acts shall be deemed to have been done or taken under the
corresponding provision of this Act, and shall continue to be in force
accordingly; unless and until superseded by anything done or any
action taken under this Act.

Section 34 Indemnity for acts done under this Act

(1) No suit, prosecution or other legal proceeding shall lie in any Court
against any officer or servant of the Government or any person acting
under his direction or aiding or assisting him, for anything which is in
good faith done or intended to be done in pursuance of or under this
Act.

(2) No suit or other legal proceeding shall lie against the Government
for, or on account of or in respect of, any act, matter or thing
whatsoever, purporting to have been done in pursuance of or under
this Act.

Section 35 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act,
in consequence of the transition to the said provisions from the
corresponding provisions of the Acts, which were in force immediately
before the commencement of this Act, the Government may, by order
in the Andhra Pradesh Gazette, make such provisions as appear to
them to be necessary or expedient for removing the difficulty.
(2) If any difficulty arises in giving effect to the provisions of this Act
(otherwise than in relation to the transition from the provisions of the
corresponding Acts, which were in force before the commencement of
this Act), the Government may, by order in the Andhra Pradesh
Gazette, make such provisions, not inconsistent with the purposes of
this Act, as appear to them to be necessary or expedient for removing
the difficulty.

RULE:

Andhra Pradesh Buildings (Lease, Rent and Eviction) Control RULES,

1961

In exercise of the powers conferred by sub-sections (1), (2) and (3) of

Section 30 of the Andhra Pradesh Buildings (Lease, Rent and Eviction)
Control Act, 1960 (Andhra Pradesh Act XV of 1960) and in
supersession of all the rules on the subject, the Governor of Andhra
Pradesh hereby makes the following Rules.

Rule 1 Rule

These Rules may be called the Andhra Pradesh Buildings (Lease, Rent
and Eviction) Control Rules, 1961.

Rule 2 Rule

In these rules, unless the context otherwise requires

(a)"Act" means the Andhra Pradesh Buildings (Lease, Rent and

Eviction) Control Act, 1960;
(b)"recognised agent" means

(i) a person holding a power of attorney authorizing him to act on

behalf of his principal; or

(ii) an agent empowered by written authority under the hand of his

principal;

(c)"section" means a section of the Act;

(d) The expressions used in these rules which have been defined in the
Act shall have the same meaning as are assigned to them in the Act.

Rule 3 Rule

The particulars to be furnished under Section 28 to the Controller or

any person authorised by him in that behalf shall be the following :

(1) Donor number of the building and name, if any.

(2) Street and municipal ward or division in which the building is

situated.

(3) Name and address of the landlord if the particulars are furnished
by the tenant and name of the tenant if the particulars are furnished
by the landlord.
(4) Whether the building is residential or non-residential.

(5) Whether any furniture is supplied by the landlord for use in the
building.

(6) Details of the accommodation available together with particulars as

regards the ground area, garden and out-houses, if any, appurtenant
to the building.

(7) If the building is not occupied by the landlord, whether it is

occupied by a single tenant or by more than one tenant.

(8) Amenities available in regard to lighting, water, sanitation and the

like.

(9) Monthly rent paid by the tenant.

(10) Rental value as entered in the property tax assessment book of

the Municipal Council, Zilla Parishad or the Corporation of Hyderabad,
and if the building was constructed before the 5th April, 1944, the
rental value as aforesaid relating to the twelve months immediately
preceding the 5th April, 1944.

(11) Whether fair rent has been fixed under the Act and if so, the
amount of such fair rent and the date from which it took effect.
(12) In the case of residential building, the number of persons
occupying the same and in the case of non-residential building, the
purpose for which the building is used and the number of employees, if
any working therein.

(13) The amount of advance paid by the tenant to the landlord.

(14) A copy of the agreement of tenancy entered into between the

landlord and the tenant, if any.

Rule 4 Rule

(1) Every notice under sub-section (1) or sub-section (2) of Section 3

shall contain the particulars mentioned in the Form appended to these
rules, and shall be presented to the authorised officer.]

Note :- The notice under sub-section (1) of Section 3 shall be a notice

of actual vacancy and not a notice of anticipated vacancy. Even if a
landlord gives a notice in anticipation of his building becoming vacant,
it is obligatory on him to give within ten days of his building actually
becoming vacant a notice of such actual vacancy containing the
particulars referred to in this rule.

(2) The intimation to be given by the Government or the authorised

officer under sub-section (3) or sub-section (4)(c) of Section 3 shall be
served on the landlord concerned

(i) by delivering or tendering it to him; or

(ii) where it is not possible to so deliver or tender, by delivering or

tendering it to any agent or employee of such landlord or to any adult
member of his family, or by affixing a copy thereof on the outer door
or on some conspicuous part of the premises in which the landlord is
known to have last resided or carried on business or personally worked
for gain; or

(iii) failing service by the aforesaid means, by registered post,

acknowledgment due.

(3) An order passed by the Controller under sub-section (3) or sub-

section (5) of Section 10 shall be served on the person concerned
personally or sent to him by registered post, acknowledgment due.

Rule 5 Rule

(1) A tenant desirous of depositing the rent under sub-section (5) of

Section 8 or Section 9 or Section 11 shall deposit the same, if the
building concerned is in the City of Hyderabad, in the State Bank of
Hyderabad, and if the building is elsewhere, in the Controller's Office
or in the nearest Treasury, whichever is convenient, after obtaining
permission for the deposit of the rent from the Controller.

(2) The challan accompanying the deposit of the rent shall be in the
Andhra Pradesh Treasury Code, Form No.10 in triplicate and shall
specify

(a) the name and address of the tenant by whom or on whose behalf
the rent is deposited;

(b) the name and address of the landlord entitled to receive the rent
deposited;

(c) the rent at which and the period for which the rent is deposited;
(d) the description of the building in respect of which the rent is
deposited;

(e) the provision of the Act including the circumstances under which
the rent is deposited; and

(f) the head of account to which the rent is credited, namely "P.II
Deposits and Advances - (Deposit and bearing interest) - C. Other
Deposit Accounts - Civil Deposits - Personal Deposits - Personal Ledger
Account of the Controller or appellate authority, as the case may be."

(3) One copy of the challan for the deposit of rent returned by the
State Bank of Hyderabad, Controller's Office or Treasury, as the case
may be, after endorsing thereon the receipt of the amount deposited,
shall be delivered in the office of the Controller or the appellate
authority, as the case may be.

(4) On delivering one copy of the challan, the Controller or the

appellate authority, as the case may be, shall acknowledge its receipt
on the back of the challan retained by the tenant and take necessary
action for the service of the notice of deposit on the person or persons
concerned within seven days of the delivery thereof. The notice of
deposit shall be served on the person or persons concerned in one or
other of the modes specified in Rule 16.

(5) Every Controller and every appellate authority shall cause proper
accounts to be maintained in their office for the rents deposited under
sub-section (5) of Section 8 or Section 9 or Section 11.

(6) A tenant against whom an application for eviction has been made
before the Controller shall deposit all the arrears of rent due by him, if
any, in respect of the building within such reasonable time, not
exceeding 15 days, as may be specific by the Controller.
Rule 6 Rule

(1) Any person, who is entitled and who desires to receive the rent
deposited under sub-section (5) of Section 8 or Section 9 or Section
11 shall present an application for the purpose to the Controller
supported by an affidavit showing how he is entitled to receive the
rent deposited : Provided that no affidavit in support of the application
shall be required in the case of any order passed by the Controller
under sub-section (4)(b) of Section 9 or by a competent Court under
sub-section (5) of Section 9, if a copy of the order thereof is attached
to the application.

(2) On receipt of the application under sub-rule (1), the Controller

shall, if he is satisfied, pass an order directing the payment to the
applicant of the rent specified in the application.

(3) On production of the order passed under sub-rule (2) directing the
payment to the applicant, the Controller or the appellate authority, as
the case may be, shall, after obtaining a stamped receipt from the
applicant arrange for the payment of the rent by issuing a cheque in
the name of the applicant on the State Bank of Hyderabad or the
Treasury in which the rent has been deposited. The applicant shall also
acknowledge the receipt of the cheque on the back of its counterfoil.

(4) Every Controller and every appellate authority shall cause proper
accounts to be maintained in their offices for the payments made out
of the rents deposited under sub-section (5) of Section 8 or Section 9
or Section 11.

Rule 7 Rule

(1) Every application under the Act shall in addition to the particulars
necessary to support it, contain also the particulars prescribed in Rule
3 so far as they may be applicable and every application for eviction
under Section 10 shall also state the grounds on which the application
is made, accompanied by the agreement of tenancy, if any, rent
receipt and a copy of the notice issued to the tenant.

(2) Every application under the Act shall be accompanied by a spare

copy or sufficient number of spare copies thereof for service on the
respondent or respondents mentioned therein.

(3) Every application shall be signed by the applicant or his Counsel

and be presented to the Controller by the applicant himself personally
or by his recognised agent or by Counsel at any time during office
hours on a working day

: [Provided that in the Cities of Hyderabad and Secunderabad where

there are more than one Controller, one shall be designated by the
High Court as the Principal Controller and every application shall be
presented before the Principal Controller, who shall subject to the
supervision of the appellate authority either conduct inquiry and
dispose of the application himself or assign the application to any one
of the Controllers having jurisdiction for enquiry and disposal.]

[x x x x x ]

[Provided further that in the other areas of the State where there are
more than one Controller, one shall be designed by the High Court as
the Principal Controller and every application shall be presented before
the Principal Controller who shall subject to the supervision of the
appellate authority, either conduct enquiry and dispose of the
application himself or assign the application to any of the other
Controllers having jurisdiction for enquiry and disposal.

(4) The parties or their Counsel shall produce, at the first hearing of
the case, all the documentary evidence of every description in their
possession or power on which they intend to rely, and which has not
already been filed, and all documents which the Controller has ordered
to be produced, and the Controller shall receive the documents so
produced.

(5) No documentary evidence in the possession or power of any party

which should have been, but has not been, produced in accordance
with the requirements of sub-rule (4) shall be received at any
subsequent stage of the proceedings unless good cause is shown to
the satisfaction of the Controller for the non-production thereof; and
the Controller receiving any such evidence shall record the reasons for
so doing.

(6) The Controller may at any stage of the case reject any document
which he considers irrelevant or otherwise inadmissible, recording the
grounds of such rejection.

(7)

(i) Subject to the provisions of clause (ii), there shall be endorsed on

every document which has been admitted in evidence in the case, the
following particulars, namely :

(a) the number and title of the case,

(b) the name of the person producing the document,

(c) the date on which it was produced, and

(d) a statement of its having been so admitted; and the endorsement

shall be signed or initialled by the Controller.

(ii) Where a document so admitted is an entry in a book, account or

record and a copy thereof has been substituted for the original under
sub-rule (8), the particulars aforesaid shall be endorsed on the copy
and the endorsement thereon shall be signed or initialled by the
Controller.

(8)

(i) Save insofar as is otherwise provided by the Bankers' Books

Evidence Act, 1891, where a document admitted in evidence in the
case is an entry in a letter-book or a shop book or other account in
current use, the party on whose behalf the book or account is
produced, may furnish a copy of the entry.

(ii) Where such a document is an entry in a public record produced

from a public office or by a public officer or an entry in a book or
account belonging to a person other than a party on whose behalf the
book or account is produced, the Controller may require a copy of the
entry to be furnished

(a) where the record book or account is produced on behalf of a party,

then by that party, or

(b) where the record book or account is produced in obedience to an

order of the Controller acting of his own motion, then by either or any
party.

(iii) Where a copy of an entry is furnished under the provisions of

clauses (i) and (ii), the Controller shall, after causing the copy to be
examined, compared and certified, mark the entry and cause the
book, account or record in which it occurs to be returned to the person
producing it.

(9) Where a document relied on as evidence by either party is

considered by the Controller to be inadmissible in evidence, there shall
be endorsed thereon the particulars mentioned in clauses (a), (b) and
(c) of clause (i) of sub-rule (7), together with a statement of its having
been rejected, and the endorsement shall be signed or initialled by the
Controller.

(10)

(i) Every document which has been admitted in evidence or a copy

thereof, where a copy has been substituted for the original under sub-
rule (8), shall form part of the record of the case.

(ii) Documents not admitted in evidence shall not form part of the
record and shall be returned to the persons respectively producing
them.

(11) Notwithstanding anything in sub-rule (8) or sub-rule (10), the

Controller may, if he sees sufficient cause, direct any document or
book produced before him in any case to be impounded and kept in his
custody for such period and subject to such conditions as he thinks fit.

(12)

(i) Any person, whether a party to the case or not, desirous of

receiving back any document produced by him in the case and placed
on the record shall, unless the document is impounded under sub-rule
(11), be entitled to receive back the same.

(a) where the case is one in which an appeal is not allowed, when the
case has been disposed of, and

(b) where the case is one in which an appeal is allowed, when the
Controller is satisfied that the time for preferring an appeal has
elapsed and that no appeal has been preferred, or, if an appeal has
been preferred when the appeal has been disposed of :

Provided that a document may be returned at any time earlier than

that specified by this sub-rule if the person applying therefor delivers
to the Controller a certified copy to be substituted for the original and
undertakes to produce the original, if required to do so;

Provided further that no document shall be returned which, by force of

the order of the Controller, has become wholly void or useless.

Rule 8 Rule

(1) When an application under the Act is presented to the Controller

he shall fix the date on which and the place at which the inquiry in
respect of the application will be held and send notice thereof to the
applicant or applicants and the respondent or respondents mentioned
in the application and shall also send a copy of the application
alongwith the notice to the respondent or respondents :

Provided that in the case of applications for eviction filed under

*[xxxx] sub-section (3) of Section 10 in respect of buildings of which
the State Government or the Central Government are tenants, he shall
not be bound to give such notice unless he considers such notice
necessary, regard being had to the averments in the petition or any
other material circumstance.

(2) The Controller shall give to the parties a reasonable opportunity to

state their case. He shall also record a brief note of the evidence of the
parties and witnesses, if any, examined on either side and upon the
evidence so recorded and after consideration of any documentary
evidence which may be produced by the parties, pass orders on the
application.

(3) Where an order is passed ex parte against a tenant or a landlord,

or an order of dismissal for default is passed, by the Controller, the
party affected may, within thirty days from the date of the
pronouncement of the order in open Court, apply to the Controller by
whom the ex parte order or the order of dismissal was passed, for an
order to set it aside, and if he satisfies the Controller that the
summons was not duly served, or that he was prevented by any
sufficient cause form appearing when the application was called on for
hearing, or that such default was occasioned due to circumstances
beyond his control, the Controller shall make an order setting aside
the ex parte order or the order of dismissal passed, as the case may
be, upon such terms as to costs, payment into Court or otherwise, as
the Controller thinks fit, and shall appoint a day for proceeding with
the application :

Provided that no order shall be set aside under this sub-rule unless the
opposite party has been served with a notice in this regard;

Provided further that the Controller shall, in respect of an application

for setting aside an ex-parte order or order of dismissal for default,
received under this sub-rule for the first time, and may, in respect of a
second or subsequent application, stay all execution proceedings in
pursuance of the ex parte order or the order of dismissal for default
until the disposal of the application.

Rule 9 Rule

An appellate authority may transfer a case from the file of one

Controller to that of another Controller within his jurisdiction -

(i) if the Controller on whose file the case is pending is personally

interested in it and reports the matter to the appellate authority; or

(ii) if on any application for transfer by any party in the case, the
appellate authority is satisfied that there are sufficient grounds for the
transfer; or

(iii) if the appellate authority considers such transfer proper on

administrative grounds.

*[Explanation :- It shall be obligatory on the part of the Controller on

whose file a case in which he is personally interested, is pending to
report the matter to the appellate authority at the earliest
opportunity.]

Rule 10 Rule

(1) Every appeal against an order of the Controller shall, in addition to

the grounds of appeal, specify the date on which the order was
received by the appellant. The appeal shall be signed by the appellant
or his Counsel duly stamped and presented to the appellate authority
or to such officer as he appoints in this behalf by the appellant himself
personally or by his recognised agent or by Counsel at any time during
office hours on a working day. The appeal shall be accompanied by a
copy of the order of the Controller appealed from.

(2) Every appeal under the Act shall be accompanied by a spare copy
of sufficient number of spare copies thereof for service on the
respondent or respondents mentioned therein.

Rule 11 Rule

(1) When an appeal under the Act is preferred the appellate authority
shall fix a day for hearing the appeal and send notice thereof to the
appellant or appellants and the respondent or respondents mentioned
in the appeal and shall also send a copy of the appeal along with the
notice to the respondent or respondents.
(2) If the appellate authority decides to make further inquiry, he may
take additional evidence or require such evidence to be taken by the
Controller.

(3) Where an order is passed ex parte against a tenant or a landlord or

an order of dismissal for default is passed by the appellate authority,
the party affected may, within thirty days from the date of
pronouncement of the order in open Court, apply to the appellate
authority by whom the ex parte order or the order of dismissal was
passed, for an order to set it aside, and if he satisfies the appellate
authority that the summons was not duly served or that he was
prevented by any sufficient cause from appearing when the appeal was
called on for hearing or that such default was occasioned due to
circumstances beyond his control, the appellate authority shall pass an
order setting aside the ex parte order or the order of dismissal passed,
as the case may be, upon such terms as to costs, payment into court
or otherwise as the appellate authority thinks fit, and shall appoint a
day for proceeding with the appeal :

Provided that no order shall be set aside under this sub-rule unless the
opposite party has been served with a notice in this regard.

Rule 12 Rule

The High Court may transfer an appeal from the file of the appellate
authority,

(i) if the appellate authority before whom the appeal is pending is

personally interested in the appeal and reports the matter to the High
Court; or

(ii) if, on an application for transfer by any party in the appeal, the
High Court is satisfied that there are sufficient grounds for such
transfer.

Rule 13 Rule

In cases falling under Section 5 of the Act or in any other case under
the Act, the Collector or the appellate authority concerned may, if he
thinks fit to do so, personally inspect the building concerned after
giving notice to the parties concerned *[and record a note of
inspection in brief. Every such note shall form part of the record of the
case, a copy of which may be furnished to the party concerned in
accordance with these Rules.]

Rule 14 Rule

(1) No landlord shall, in the case of a building in respect of which a

notice of vacancy is to be given under Section 3, cut off or withhold
any of the amenities therein at any time until he becomes entitled to
let the building to a tenant or occupy it himself under sub-section (5)
of Section 3.

(2) In cases falling under Section 3 the authorised officer or any

person authorised by him in that behalf may, if he thinks fit to do so,
personally inspect the building concerned and may call for any
particulars in respect of the said building from the landlord or tenant
or occupant or any previous tenant or occupant thereof, who shall
furnish the particulars so called for.

After inspection the officer or person shall record a note of inspection

in brief and every such note shall form part of the record of the case.
A copy of the note of inspection may be furnished to the party
concerned, on application as provided in Rule 18.

The landlord or tenant or any other occupant of the building shall keep
the building open for inspection by the authorised officer or any person
authorised by him in that behalf and shall not obstruct or cause to
obstruct the entry of the said officer or person into the building.

Rule 15 Rule

Any appearance, application or act in any proceeding before the

Controller or the appellate authority may be made or done by the
party in person or by his recognized agent or by Counsel :

[Provided that in any such proceeding where the Union of India or the
State of Andhra Pradesh or any public servant under the Union or the
State in his official capacity, are parties, no Government or other
pleader appearing on their behalf shall be required to present any
document empowering him to act, but such pleader shall file a
memorandum of appearance signed by him and such memorandum of
appearance need not be stamped.]

Rule 16 Rule

(1) All notices under the Act issued by the Controller or the appellate
authority and all orders passed by the Controller or the appellate
authority if not pronounced in open Court shall be served on the
person concerned:

(a) personally by delivering or tendering to him the notice or order; or

(b) if such person is not found, by leaving the notice or order at his
last known place of abode or business or by giving or tendering the
same to some adult member of his family; or
(c) if such person does not reside in the area within the jurisdiction of
the Controller or the appellate authority, by sending the same to him
by registered post, acknowledgment due; or

(d) if none of the means of aforesaid is practicable, by affixing the

same in some conspicuous part of his last known place of abode or
business.

(2) Every interim order passed under sub-section (3) of Section 14

shall be served on the landlord in any one of the manners specified in
sub-rule (1) above.

Rule 17 Rule

(1) In respect of every application filed under the Act the applicant or
applicants, as the case may be, in the Court of the Rent Controller,
shall pay, whenever the service of any notice or order issued under the
Act is directed to be executed through Court in the shape of Court-fee
stamps of the value of Rs.8-00 (Rupees eight only) in the case of the
first respondent and in the case of every additional respondent at the
rate of Rs.4-00 (Rupees four only) if such additional respondent or
respondents are living at the same address.

(2) In respect of every notice or order directed to be served through

Court on any respondent or the opposite party in any appeal or
proceeding pending in the Appellate Court under the above Act, a sum
of Rs.9-00 (Rupees nine only) shall be paid by the party seeking such
service in respect of first respondent and Rs.4-50 (Rupees four and
paise fifty only) in respect of every additional respondent or
respondents or opposite party in the form of Court-fee.

(3) Whenever any order or notice is directed to be served by

registered post by any Court under this Act, the party seeking such
service shall bring into Court process fee calculated at the current
rates of postal charges prescribed by the Postal Department to cover
to the cost of sending the same by registered post with
acknowledgment due, in respect of each respondent or opposite party
and the process fee thus payable may, from time to time, be
prescribed by the District Court or in the District of Hyderabad by the
Chief Judge, City Small Causes Court taking into account the rates
prescribed by the Union of India or the Postal Department thereof.

(4) Court fee payable on vakalath shall be Rs.2-00 (Rupees two only)
in any Court.

(5) Court fee payable on an application for execution of orders shall be

Rs.1-00 (Rupee one only).

(6) Application for certified copies shall bear Court fee stamp of Rs.0-
25 ps. (Twenty five paise only).

(7) Court fee payable towards conveyance charges for inspection at

party's instance shall be Rs.0-75 ps. (seventy five paise only) per
kilometer calculating the distance to and far from the Court building.

(8) Court fee payable for service of notice of deposit under Rule 5 shall
be Rs.1-00 (Rupee one only).]

Rule 18 Rule

(1) Any person affected by any order passed by the Controller or the
appellate authority shall be entitled to be furnished with a copy thereof
and any other connected document duly certified by the Controller or
the appellate authority, as the case may be, on application, provided
that a certified copy of the document applied for shall be furnished on
ordinary white paper supplied by the applicant.

(2) The application shall state whether the applicant has any and what
interest in the subject-matter of the document, and purpose for which
a copy is required and if the same is required for the purpose of an
intended or pending proceeding, the nature of the said proceeding,
and the relevancy of the document to the case of the applicant.

(3) One paper shall be furnished for every 416 words or fraction
thereof.

(4) The first 176 words shall be written on the front page and the rest
shall be written on the reverse.

(5) *[The copying fee for each page of not more than 175 words shall
be 60 paise and shall be paid in the form of court-fee stamps.]

(6) Four figures shall be taken as equivalent to one word, and words in
the Indian languages with short suffixes and inflections shall be
counted as single words.

(7) The cost of copying maps, plans, geneological trees, tabular

statements or other work requiring skilled labour shall be fixed by the
Controller or appellate authority, as the case may be, and deposited in
the office of the Controller or appellate authority in cash.

Rule 19 Rule
(1)Every application for making the legal representative or, as the
case may be, the legal representatives of a deceased person party to a
proceeding under the Act shall be preferred within thirty days from the
date of the death of the person concerned.

[Explanation :- For the purpose of this rule (1) 'legal representative'

means a person who in law represents the estate of a deceased person
and includes any person who intermeddles with the estate of the
deceased and where a party sues or is sued in a representative
character, the person on whom the estate devolves on the death of
the party so suing or sued.

(2) An application may be admitted after the period specified in this

rule, if the applicant satisfies the Controller or appellate authority that
he had sufficient cause for not making the application within such
period.

(3) Where a question arises as to whether any person is or is not the

legal representative of a deceased person, such question shall be
referred to a civil Court for determination.]

Rule 20 Rule

(1) Every summons issued under Section 25 shall be served on the

witness concerned by personally delivering or tendering it to him or by
sending it to him by registered post, acknowledgment due.

(2) In respect of every summons issued under Section 25 the person

at whose instance the summons is issued shall file before the Court a
list in Form No.20 of the Civil Rules of Practice, of person whose
attendance is required stating full name and address and whether he is
required to give evidence as an expert or otherwise or to produce any
documents and also pay into the office of the Controller a fee of Rs.1-
37 ps., in the shape of Court-fee stamps for the service of the
summons and shall also deposit in the said office the amount of the
allowance to which the witness is entitled for travelling and attendance
at the Court according to the scale for the time being in force with
respect to witnesses in civil Courts in the State.

Rule 21 Rule

If any person contravenes any of the provisions of *[Rule 4 or Rule

14,] he shall be punishable with fine which may extend to two
thousand rupees:

[Provided that before taking action to prosecute the person

contravening, he shall be given an opportunity to make
representation.]

Rule 22 Rule

(1) Every summons issued under the Act shall be in writing, shall be
authenticated by the seal, if any, of the officer by whom it is issued
and shall be signed by such officer or by any person authorised by him
in writing in that behalf.

(2) It shall require that the person summoned to appear before the
said officer at a stated time and place and shall specify whether his
attendance is required for the purpose of giving evidence, or to
produce a document or for both purposes; and any particular
document, the production of which is required, shall be described in
the summons with reasonable accuracy.
(3) Any person may be summoned to produce a document without
being summoned to give evidence; and any person summoned merely
to produce a document shall be deemed to have complied with the
summons if he causes such document to be produced through an
authorised agent instead of attending personally to produce the same.

(4) The service of summons under the Act on the person shall be
effected in any of the following ways :

(a) by giving or tendering it to such person; or

(b) if such person is not found, by leaving it at his last known place of
abode or business or by giving or tendering it to some adult member
of his family; or

(c) if the address of such person is known to the Controller, the

appellate authority or other authorised person, by sending it to him by
registered post; or

(d) if none of the means aforesaid is available, by affixing it in some

conspicuous part of his last known place of abode or business.

(5) Where the serving officer delivers or tenders copy of the summons
to the respondent personally or to an agent or other person on his
behalf, he shall require the signature of the person to whom the copy
is so delivered or tendered to an acknowledgment of service endorsed
on the original summons.

(6) The serving officer shall in all cases in which the summons has
been served under sub-rule (5) endorse or annex, or cause to be
endorsed or annexed on or to the original summons a return stating
the time when and the manner in which the summons was served, the
name and address of the person, if any, identifying the person served
and witnessing the delivery or tender of the summons.

(7) The Controller or the appellate authority, as the case may be, shall
have power to administer oaths, to require the attendance of all
parties concerned and of witnesses and require the production of all
books and documents relating to the matter of the dispute.

(8) The Controller or the appellate authority deciding the dispute shall
record a brief note of the evidence of the parties and witnesses who
attend, and upon the evidence so recorded and after consideration of
any documentary evidence produced by the parties, a decision shall be
given in accordance with justice, equity and good conscience by the
Controller or appellate authority. The decision given shall be reduced
to writing. If any party duly summoned to attend, does not attend, the
dispute may be decided ex parte :

[Provided that in the matter of summoning witnesses and compelling

production of documents, in the Controller shall so far as may be,
follow the procedure laid down in that behalf in the Code of Civil
Procedure, 1908, with such modifications as the circumstances may
require.]

Rule 23 Rule

(1) Every application for the execution of order passed under this Act
shall be in writing, signed and certified by the decree holder and filed
before the Controller within six months from the date of the order
accompanied by a certified copy of the order concerned together with
the necessary process fee : [Provided that an application may be
admitted after the specified period, if the applicant satisfies the
Controller that he has sufficient cause for not preferring the application
within such period.]
(2) On receipt of an application for the execution of orders as provided
by sub-rule (1), the Controller shall ascertain whether all the
requirements have been complied, and if they have not been
complied, the Controller may reject the application or may allow the
defect to be remedied within the time to be fixed by him.

(3) Where the application is admitted, the Controller shall enter in the
proper register a note of the application, of the date on which it was
made and shall subject to the provisions herein after contained allow
execution of orders.

(4) Where the application for execution is made by or against the legal
representative of a party to the order, the Controller shall issue a
notice to the person or persons concerned directing him to show-cause
as to why the application should not be complied with.

(5) An order of eviction passed under Sections 10, 12 and 13 shall be

executed by evicting the person against whom the order was passed
or any other person bound by the said order and by delivering the
vacant possession of the building in regard to which the order was
passed either to the person in whose favour the order was passed or
to such person as he may appoint to take delivery on his behalf.

(6) Where possession of any building is to be delivered and the person

in possession, being bound by the order of eviction does not afford
free access, the Controller or through his subordinates may after
giving reasonable warning and facility for withdrawing any woman,
who according to custom, does not appear in public, remove or open
any lock or bolt or break open any door or do any other act necessary
for putting any person entitled for possession in pursuance of the
order of eviction.
(7) If such execution is resisted and obstructed by any person other
than the person against whom order or eviction was passed, the
Controller may hold a summary enquiry into the facts of the case and
if he is satisfied that the resistance or obstruction was without any just
cause and that such resistance and obstruction still continues shall
issue a warrant to evict the said person by force and deliver the
possession of the building to the person entitled for possession in
pursuance of the order of eviction and if he is satisfied that the
resistance or the obstruction was occasioned by any person other than
the person against whom order of eviction was passed claiming in
good faith to be in the possession of the building on his own account
or on account of some person other than the person against whom
order of eviction was passed, he shall make an order disallowing the
execution against such person.

(8) If an order passed under Section 14 or Section 21 has not been

obeyed by the party concerned, the same may be enforced by the
attachment of his property or by detention in civil prison or by both or
by any other manner suitable in the opinion of the Controller.

Rule 24 Rule

(1) If any articles are found in a building at the time of an execution of

an eviction order and if the person to whom such articles belong does
not take possession of such articles, then they will be taken into the
custody of the Controller after causing the preparation of an inventory
of the same in the presence of Panchas.

(2) The Controller thereafter shall cause the publication of a

proclamation affixing copies of the same both on the notice board of
his office premises as well as on the building concerned directing the
person or persons to whom such articles belong to appear before him
within thirty days from the date of the said proclamation, and to
satisfy the Controller that he is entitled to receive such articles. If the
Controller is satisfied he shall deliver such articles to such person
subject to the payment of necessary charges for removal, transport
and safe custody of such articles.

(3) In case no person appears within the time specified in the

proclamation, the Controller may take necessary action to dispose of
the articles by public auction and credit the amount in his Personal
Deposit Account after deducting the charges if any incurred in this
connection.

Rule 25 Rule

Every party shall, within seven days from the date of pronouncement
of an order, furnish to the office of the Controller or the appellate
authority, as the case may be, a statement of the costs and expenses
incurred by him in the relevant form prescribed in the civil Courts,
under his or his Advocate's signature, which may include therein the
costs of preparation of service of process, the cost of production of any
public record or witnesses, of making and getting copies of pleadings,
affidavits and other proceedings, which by the rules are required to be
served on the opposite party, of search for encumbrances and of
obtaining encumbrance certificate whenever such certificates are
required to be produced, of any adjournments or interlocutory
application allowed to him and of the fees paid by him to his lawyer
and shall state the total amount claimed by him. The said statement
shall be checked by the officer of the Court, who shall note thereon the
sums, if any disallowed and the total amount allowed by him and shall
sign the same. If any party makes default in filing the said statement,
the officer of the Court shall be at liberty to allow such costs as he
may deem fit.

Rule 26 Rule

All proceedings commenced and action taken under the Madras

Buildings (Lease and Rent Control) Rules, 1951, or the Hyderabad
Houses (Rent, Eviction and Lease) Control Rules, 1954 shall be
continued and, so far as may be, deemed to have been commenced or
taken under these rules.

APPENDIX 1 FORM

FORM

[See Rule 4(1)]

1. Door Number of the building and Name, if any.

(Street and Municipal ward or divisional or

locality in which the building is situated

shall be given.)

2. Date and year of construction of the building.

3. Date on which the building fell vacant.

4. Whether the building is residential or non-

residential.

5. Name and address of the landlord if the parti-

culars are furnished by the tenant and name of

 the tenant and name of the late tenant if the

particulars are furnished by the landlord.

6. Details of accommodation available together

with particulars as regards the ground area,

garden and out houses, if any, appurtenant to

the building. A plan of the building may be

enclosed.

7. Amenities available in regard to lighting,

water, sanitation and the like.

8. Whether any furniture is supplied by the

landlord, for use in the building.

9. If the building is not occupied by the landlord,

whether it is occupied by a single tenant or by

more than one tenant.

10. Monthly rent paid by the previous tenant(s).

11. Rental value as entered in the property tax

 assessment book of the Municipal Council, Zilla

Parishad or the Corporation of Hyderabad, and

if the building was considered before the 5th

April, 1944, the rental value as aforesaid

relating to the twelve months immediately preceding

the 5th April, 1944.

12. Whether reasonable rent or fair rent has been

fixed under the Act and if so the amount of such

reasonable rent or fair and the date from which

it took effect.

13. In the case of a residential building the number

of persons occupying the same previously and in

the case of a non-residential building, the

purpose for which the building is used and the

number of employees, if any, working therein

previously.

14. Complete address of the landlord.

Place:
Date: Signature of the Landlord/Tenant
Act Type : Andhra Pradesh State Acts