If any tenant is
dispossessed by landlord from the rented premises without his consent otherwise
than by due process of law, he may within thirty days from the date of knowledge of
such dispossession, file a petition before the Rent Tribunal for restoration of possession
thereof.
12. Procedure for recovery of possession.-(l) The tenant or any person claimingrecovery
of possession under section ll of this Act shall file a petition before the RentTribunal and
such petition shall be accompanied by affidavits and documents if any, upon which,
tenant or person entitled to recover possession wants to rely.
(2).The Rent Tribunal upon filing of petition under subsection (1) shall issue notice
accompanied by copies of petition affidavits and documents fixing a date not later than
twenty one days from the date of service of notice requiring the landlord to submit reply
accompanied by affidavits and documents on which the landlord relies. The service of
notice shall be effected through process server of the Tribunal or the Civil Court as well
as by registered post, acknowledgement due. Notice duly served by any of these modes
shall be treated as sufficient service.
(3) The landlord may submit his reply, affidavits and documents after serving copies of the
same on the petitioner within a period not exceeding ten days from the date of service of
notice. The petitioner may file rejoinder, if any, after serving copy of the same on the
landlord within a period of seven days from the date of service of reply. The Rent
Tribunal shall thereafter fix a date of hearing, which shall not be later thanfifteen days
from the date fixed for filing of rejoinder. The petition shall be disposed of within a
period of ninety days from the date of service of notice on the landlord.
(4) The Rent Tribunal after holding such summary enquiry as it deems necessary to
determine whether petitioner has been illegally dispossessed from the rented premises
without his consent otherwise than by due process of law, shall dispose of the petition
by ordering immediate restoration of possession of such premises to the tenant. The
Tribunal may also award adequate compensation to the tenant for the hardship and
inconvenience caused to him looking to the facts and circumstances of the case which
shall be payable by landlord and the Tribunal shall issue a certificate for recovery of
immediate possession.