ATA Section 36 : Powers of Rent Court and Tribunal
Act
Summary
Section 36 of The Assam Tenancy Act, 2021 outlines the powers granted to Rent Courts and Tribunals. These bodies possess the authority akin to civil courts under the Code of Civil Procedure, 1908, enabling them to summon witnesses, require document production, and execute orders. They are deemed judicial bodies for certain proceedings under the Indian Penal Code and the Code of Criminal Procedure. Additionally, Rent Courts can inspect premises, appoint assessors, and correct clerical errors in orders. Orders made by Rent Courts are final, subject to appeal, and executable as civil court decrees.
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Explanation using Example
Example 1: Summoning and Enforcing Attendance
Introduction: Mr. Sharma, a landlord, has filed a case against his tenant, Mr. Das, for non-payment of rent in the Rent Court under The Assam Tenancy Act, 2021. Mr. Sharma wants to summon Mr. Das to appear in court for the hearing.
Application: According to Section 36(1)(a) of the Act, the Rent Court has the power to summon and enforce the attendance of any person. Mr. Sharma can request the court to issue a summons to Mr. Das, compelling him to attend the hearing and provide testimony under oath.
Outcome: If Mr. Das fails to comply with the summons, the Rent Court can enforce his attendance, similar to a civil court's powers under the Code of Civil Procedure, 1908. Non-compliance may lead to legal consequences, such as fines or contempt of court proceedings.
Conclusion: This provision ensures that both parties are present for a fair hearing, and non-compliance can result in penalties, emphasizing the importance of attending court proceedings when summoned.
Example 2: Issuing Commission for Local Investigation
Introduction: Ms. Roy, a tenant, claims that her landlord, Mr. Gupta, has not maintained the rental property, leading to unsafe living conditions. She files a complaint with the Rent Tribunal seeking a reduction in rent.
Application: Under Section 36(1)(d) of the Act, the Rent Tribunal can issue a commission for local investigation to verify Ms. Roy's claims. The tribunal appoints an officer to inspect the premises and report on the property's condition.
Outcome: The officer's report confirms the poor maintenance of the property. Based on this evidence, the Rent Tribunal may order a rent reduction or direct Mr. Gupta to make necessary repairs. Failure to ...
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