JAMMU AND KASHMIR HOUSES AND SHOPS RENT CONTROL ACT, 1966

S.1 Short title, and extent.

       (1) This Act may be called the Jammu and Kashmir Houses and Shops Rent Control Act, 1966.
       (2) It shall extend to the Municipalities of Jammu and Srinagar and to such other Urban areas to which the Jammu and Kashmir Houses and Shops Rent Control Act, Samvat 2009 extended at its expiration:
       Provided that the Government may, by notification, extend this Act or any specified part thereof to any other urban area specified in the notification:
       Provided further that, in any area in which this Act or a part thereof is in force, the Government may, by notification in the Government Gazette, extend all or any of the provisions of this Act to any class or category of buildings to which this Act does not apply, and every such building shall be construed as a 'house' or 'shop' as the notification may provi

S.2 Definitions.

       In this Act, unless there is anything repugnant in the ,abject or context, -
       (1) "Controller" means any officer appointed by the [Government] as such for the performance of the duties assigned by this Act to the Controller in any particular area;
       (2) "fair rent" in respect of any house or shop means -
       (a) the fair rent determined in accordance with the provisions of schedule "A";
       (b) where rent has been fixed under section 8, the rent so fixed or at which it would have been fixed if applications were made under the said section;
       (3) "house" means a building or part of a building suitable for occupation as residence and includes -
       (a) garden, ground and out-hous

S.3 Amount in excess of fair rent irrecoverable.

Subject to the provisions of this Act, any amount in excess of a fair rent of any house or shop shall be irrecoverable notwithstanding any agreement to the contrary.

S.4 Premium, pugree or fine not to be claimed, received or asked for or advance of more than one month's rent not to be claimed or received.

       No person shall, in consideration of the grant, renewal or continuance of a tenancy of any house or shop, -
       (a) claim, receive or invite offers or ask for the payment of any premium, pugree, fine or any other like imposition in addition to the rent; or
       (b) except with the previous written consent of the Controller, claim or receive the payment of any sum exceeding one month's rent of such house or shop as a rent in advance.

S.5 Restriction on the sale of furniture in any house or shop let to a tenant.

No person shall make the purchase or hiring of any furniture in any house or shop a condition of the grant, renewal or continuance of a tenancy of such house or shop of which he is the landlord to the tenant of such house or shop, except under a permit in the prescribed form from the Controller and such permit shall not be given unless the price or hire is reasonable.

S.6 Refund of rent, premium, pugree, etc. not recoverable under the Act.

       (1) Where any sum has been paid or deposited on or after the date of the commencement of this Act in respect of the occupation of any house or shop -
       (a) on account of rent, being a sum which is by reason of the provisions of this Act irrecoverable; or
       (b) as premium, pugree, fine or other like imposition in addition to the rent or as rent in advance, the claiming or the receiving of which is prohibited under this Act; or
       (c) on account of price or hire of any furniture in such premises without the permit of the Controller, under section 5;
       the Controller may, on application made to him in this behalf at any time within a period of six months from the date of such payment or deposit by the tenant by whom such payment or deposit was made, order the l

S.7 Fixation of rent of furnished house or shop.

Where any house or shop is let at rent which includes payment in respect of the use of furniture, the Controller may, on application of the tenant made within six months of the beginning of the tenancy, reduce the portion of the rent which according to the Controller was added in respect if the use of the furniture to a fair and reasonable amount if he finds that such portion of the rent was unduly high; and the resultant rent of the house or shop shall be stated by the Controller and shall be deemed to be fair rent fixed under section 8:
Provided that nothing in this section shall affect the power of the Controller to fix fair rent under other provisions of section 8.

S.8 Cases in which fair rent shall be fixed by the Controller.

       (1) In any of the following cases, the Controller shall, on application by any landlord or tenant, [fix the fair rent as set forth hereunder which shall be revised after every three years if and when request is made]
       (a) Where the provisions of Schedule 'A' apply and there is no cause for the alternation of the rate of fair rent as determined according to the Schedule for any of the reasons mentioned in the following clauses, in accordance with the provisions of Schedule 'A'.
       (b) Where during the currency of a fair rent payable for any house or shop there has been an increase in the Municipal taxes, rates or cesses in respect of the house or shop, by adding to it the amount of such increase as is payable by the landlord by agreement with the tenant over and above what is payable by the landlord himself under the local municipal law.
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S.9 Date on which fair rent fixed by the Controller takes effect.

       (1) When in fixing the fair rent under section 8 the rent which was being paid at the time of the application is -
       (i) decreased by the Controller, the fair rent fixed shall be payable from the month next after the date of application, unless for reasons to be recorded by the Controller, he decides that such rent should operate from any earlier or later date;
       (ii) increased by the Controller, the fair rent fixed shall be payable from the time, as hereunder provided viz, -
       (a) if increased under clause (a) of sub-section (1) of section 8, from the month next after the date of application;
       (b) if increased under clause (b) of the sub-section, from the month from which the increase in the municipal rates, taxes or cesses came into force;

S.10 Landlord not to claim rent at a rate different from that at which it is being paid except in certain cases.

Nothing in the provisions of this Act, including Schedule A, shall entitle the landlord to claim rent from the tenant at a rate different from that at which it is being paid at the time, except by agreement with the tenant, valid in law including this Act, or unless a different rate is fixed under section 8.

S.11 Protection of a tenant against eviction.

       (1) Notwithstanding anything to the contrary in any other Act or law, no order of decree for the recovery of possession of any house or shop shall be made by any Court in favour of the landlord against a tenant, including a tenant whose lease has expired:
       Provided that nothing in this sub-section shall apply to any suit for decree for such recovery of possession -
       (a) against a tenant who has transferred his tenancy right in whole or in part with possession otherwise than by sub-lease;
       (b) against such transferee;
       (c) against a tenant who has sub-let the whole or a, major portion of the house or shop for more than seven consecutive months:
       Provided that if a tenant, who has sub-let major portion of the ho

Legal Commentary on Section 11 of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966

Introduction

Section 11 of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966, provides the statutory framework for eviction of tenants on specified grounds, balancing the rights of landlords and tenants. It restricts arbitrary eviction and sets out conditions under which a landlord can seek possession, including rent default, personal necessity, bonafide requirement, and other statutory grounds.

What does Section 11 Say

Section 11 enumerates the grounds on which a landlord can seek eviction, notably:- Default in payment of rent (Clause (i))- Personal requirement for occupation (Clause (h))- Bona fide requirement for building or rebuilding (Clause (h))- Other statutory grounds (Clause (e), (f), (g))The section also prescribes the manner of service of notices, the procedure for eviction, and safeguards for tenants, including the requirement that notices be served in a prescribed manner.

Essential Ingredients

Default in Rent: Tenant's failure to pay rent for three successive defaults within 18 months.
Personal Necessity: The landlord's genuine need for the premises for personal use or for any person for whose benefit the premises are held.
Bonafide Requirement: The requirement must be genuine, not a pretext.
Service of Notice: Proper service through registered post or other prescribed modes, with the presumption of service upon endorsement of refusal or non-delivery.
Partial Eviction: The court may order eviction from part of the premises if partial eviction satisfies the landlord's requirement.
Recurring Cause of Action: Suit for eviction based on recurring grounds like rent default or personal necessity is maintainable even if earlier suits were dismissed or withdrawn.

Scope of Section 11

Protection to Tenants: The section aims to prevent arbitrary eviction, requiring strict compliance with procedural safeguards.
Retrospective Operation: The law applies to pending suits, as clarified by case law, and provisions like Section 11(1)(h) are deemed retrospective.
Application to Different Areas: Extension notifications make the section applicable to areas where it was not initially enforced.
Partial Eviction: Courts are mandated to consider whether eviction from part of the premises would meet the landlord's requirement, emphasizing the importance of the proviso.
Legal Admissibility of Compromises: Decrees based on compromise are valid if the statutory grounds are evident on record; courts are presumed to be satisfied if the facts are admitted or evidenced.

Punishment for Violations

Fines and Penalties: Under the Act, violations such as default in rent, illegal eviction, or non-compliance with notices attract fines, which are payable to the authorities or as directed.
Order of Fine and Payment: The Controller issues demand notices for fines or sums ordered, which are to be paid in cash, with penalties for non-compliance.

Legal Comments (Bullet Point Summary)

Rent default - Partial payments do not absolve default for multiple periods; eviction based on rent arrears is valid despite partial payments [JANAK RAJ VS PARDEEP KUMAR].
Personal requirement - Genuine and bonafide necessity of the landlord for personal occupation is a valid ground for eviction; the requirement must be genuine and not a pretext [Ravi Kumar VS Shashi Kumar].
Retrospective applicability - The provisions of Section 11(1) are retrospective and applicable to pending suits, as supported by Supreme Court judgments [Sultan Singh VS Gulab Singh].
Partial eviction - Court must consider whether eviction from part of the premises sufficiently meets the landlord’s requirement; the proviso is mandatory [Ab. Rashid Bakshi VS Devki Durrani].
Service of notices - Service by registered post with proper endorsement (e.g., LWA) is deemed sufficient; actual receipt is presumed once properly dispatched [Madan & Co. v. Wazir Jaivir Chand].
Service mode - Service can be effected by post, personal delivery, or affixation on the premises; the mode must follow statutory procedures [BHOJRAJ WADHWA VS ADDL DISTRICT JUDGE MUZAFFARNAGAR].
Presumption of service - Endorsements like 'left without address' or 'refused' are deemed sufficient service if properly sent, unless rebutted by proof of non-receipt [Madan & Co.].
Recurring cause of action - Suit based on recurring grounds (e.g., rent default, personal necessity) is maintainable even if earlier suits were dismissed or withdrawn [Ech Emm Photo Colours Pvt. Ltd. VS Wazir Abhey Singh].
Compromise decrees - Valid if the court finds the grounds are evident from pleadings or admissions; the court's satisfaction can be inferred from record or evidence [Dalbir Kumar VS Girdhari Lal].
Order of eviction based on admissions - If the tenant admits the statutory ground during proceedings, courts can pass eviction orders without further proof; the order is not void [Narang & Co. v. Dalpatram].
Legal necessity - The requirement must be for the landlord's own bona fide use; the court assesses reasonableness based on social and personal factors [Bega Begum v. Abdul Ahad Khan].
Scope of 'bona fide' - The element of genuine need is essential; mere desire or whim does not qualify [Om Kant Upadhyaya VS Xth Addl. District Judge].
Legal representatives - Personal necessity ceases with the landlord’s death; legal heirs cannot continue eviction proceedings based solely on the deceased's requirement [Kanwar Singh VS Om Kant (died) Ram Rattan].
Partial eviction and evidence - The court must assess whether partial eviction meets the requirement; mere admission that entire premises are needed is sufficient for full eviction [Amit Pabuwal VS Anand Swaroop Gaur].
Notice validity - Notice must mention the period (e.g., 30 days) for payment or deposit; invalid notices can invalidate eviction proceedings [Tilak Raj VS Jyoti Sethi].
Burden of proof - The landlord must prove genuine necessity; the tenant can rebut by showing alternative accommodation or that the requirement is not bona fide [Wali Ullah VS 1st Additional District Judge].
Compliance with procedures - Strict compliance with service modes and procedures is essential; non-compliance can render proceedings null and void [David K. N. VS S. R. Chaubey (Chaturvedi)].

Conclusion

Section 11 of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966, provides a comprehensive framework for eviction, emphasizing procedural safeguards, bona fide requirements, and the importance of proper service of notices. Judicial interpretations reinforce that the law aims to balance landlord rights with tenant protections, and procedural lapses or unsubstantiated claims can jeopardize eviction proceedings. The law's retrospective application and the courts’ duty to assess the reasonableness of necessity reflect its intent to prevent arbitrary evictions while safeguarding genuine needs.

Note: The references are based on the provided sources and case law summaries, illustrating judicial interpretations and legal principles relevant to Section 11.

S.11(a) Restoration of possession to defence personal.

       Notwithstanding anything to the contrary contained in this Act, possession of a residential building shall be restored within one month from the date of [(application to the controller)] if -
       (a) the landlord is a member of the Defence Forces and requires if for Bona fide occupation of his family and produces a certificate from his Commanding Officer showing that he is serving under special conditions within the meaning of section 3 of the Indian Soldiers (litigation) Act, 1925;
       (b) the landlord is a member of the Defence Forces and requires it for his own occupation on retirement, release or discharge from the Defence Services and produces a certificate from his Commanding Officer evidencing his release, retirement or discharge; and
       (c) the landlord is the wife of a deceased member of Defence

S.11(b) Right to recover immediate possession of residential building to certain persons.

(1) Where a landlord serving in the Railways Department of the Government of India at any time within one year prior to or within one year after the date of his retirement applies to the Controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement, there shall accrue, on and from the date of such application to such landlord, notwithstanding anything contained in this Act, or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediately the possession of such residential building or any part or parts of such building if let out in part or parts:
Provided that the application shall accompany an affidavit to the effect that the applicant does not own any other accommodation in the local area in which he intends to reside.

S.12 When a tenant can get the benefit of protection against eviction.

(1) If in a suit for recovery of possession of any house or shop from the tenant the landlord would not get a decree for possession but for clause (i) of the proviso to sub-section (1) of section 11, the Court shall determine the amount of rent legally payable by the tenant and which is in arrears taking into consideration any order made under sub-section (4) and effect thereof up to the date of the order mentioned hereafter, as also the amount of interest on such arrears of rent calculated at the rate of nine and three eighths per centum per annum from the day when the rents became arrears up to such date, together with the amount of such cost of the suit as if fairly allowable to the plaintiff-landlord, and shall make an order on the tenant for paying the aggregate of the amounts (specifying in the order such aggregate sum) on or before a date fixed in the order.
(2) Such date fi

S.12(a) Restoration of possession to the tenant in the event of fire.

       (1) If any house or shop gutted in fire, is wholly or partly rebuilt by the landlord, the tenant thereof shall have prior right of re-entry thereto.
       (2) The landlord on the completion of the building, shall give a notice of at least one month's duration calling upon the tenant to re-enter into the building on payment of rent at market rate, notwithstanding anything contained in section 8.
       (3) On receipt of the notice the tenant will convey his consent within 15 days agreeing to pay a rent at market rate, failing which the tenant will forfeit his right of re-entry.
       (4) In case the tenant gives his consent of re-entry on payment of rent at market rate and the landlord declines re-entry to the tenant, the tenant may make application within one month of his having given consent to Controller who w

S.13 When a tenant is entitled to restoration of possession and compensation.

(1) Where the landlord recovers possession of any house from the tenant by virtue of a decree secured because of clause [(h)] of the proviso to sub-section (1) of [section 11 or because of section 11-A] and the building or re-building of the house or shop is not commenced within six months, or the house or shop is not occupied by the landlord or by the person for whose benefit the house or shop is held within two months of the date of vacation of the house or shop by such tenant, or the house or shop, having been so occupied is re-let within six months of the date of such occupation to any person other than such tenant without the permission of the Controller obtained in the prescribed manner, the Controller may, on the application of such tenant made within nine months of his vacating the house or shop, and giving the landlord an opportunity of being heard, by order direct the landlord to put such tenant in possession of the

S.13(a) .

       In this Chapter-
       (a) 'Local authority' shall include the Custodian General, the Custodian and any other authority empowered under the Jammu and Kashmir State Evacuees (Administration of Property) Act, 2006 to make allotment; and
       (b) 'house' includes a house which is an evacuee property under the Jammu and Kashmir State Evacuees (Administration of Property) Act, 2006.

S.13(b) Provisions of this Chapter to have overriding effect.

The Provisions of this Chapter or any rule made there under shall have effect notwithstanding anything inconsistent therein contained elsewhere in this Act or in any other law for the time being in force or in any judgment, decree or order passed prior to the commencement of the Jammu and Kashmir Houses and Shops Rent Control (Amendment) Act, 1976.

S.13(c) Right to recover immediate possession of houses to accrue to certain persons.

(1) where a landlord, who being a person in occupation of any residential house allotted to him by the Government or any local authority is required, by or in pursuance of any general or special order made by the Government or local authority to vacate such house or in default, to incur certain obligations, on the ground that he owns in the State, a house either in his own name or in the name of his wife or dependent child, there shall accrue, on and from the date of such order, to such landlord notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediately possession of any house let out by him:
Provided that nothing in this section shall he construed as conferring a right on a landlord owing at the place where the house allotte

S.13(d) Special procedure for the disposal of suit for eviction on the ground of bona fide requirement.

       (1) Every suit by a landlord for the recovery of possession of any house on the ground specified in section 13-C shall be dealt with in accordance with the procedure specified in this section.
       (2) The Court shall issue summons, in relation to every suit referred to in sub-section (1) in the form specified in Schedule B.
       (3) (a) The Court shall, in addition to and simultaneously with the issue of summons for service on the tenant, also direct the summons to be served by registered post, acknowledgement due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require, also direct the publication of summons in the newspaper circulating in the locality in

S.13(e) Pending proceedings.

       Where on the day of commencement of the Jammu and Kashmir Houses and Shops Rent Control (Amendment) Act,1976 -
       (a) any eviction proceedings between such landlord and his tenant arc pending before the trial court the ground for immediate recovery of possession pursuant to Government Order shall accrue to him as an additional ground for eviction and thereupon the provisions of sections 13-C and 13-D shall as far as practicable apply: and
       (b) any eviction proceedings are pending before an appellate or revisional court, such court shall on an application made by the landlord in this behalf, remand the case without going into the merits of the appeal or revision as the case may be, to the trial court and there upon the trial court shall, as far as practicable, try such case in accordance with the procedure set out in section 13-C and 13D.]

S.14 Deposit of rent by the tenant.

       (1) Where the landlord does not accept any rent tendered by the tenant, or the tenant experiences difficulty in paying the rent to the landlord of the house or shop, he may deposit such rent with the Controller in the prescribed manner.
       (2) The deposit shall be accompanied by an application supported by an affidavit from the tenant stating -
       (a) the house or shop for which the rent is deposited, with description sufficient for identifying the house or shop;
       (b) the period for which the rent is being deposited;
       (c) the name and address of the landlord; and
       (d) the reasons and circumstances which led him to deposit the rent:
       Provided that no affidavit in support

S.15 Time limit for making deposit and consequence of incorrect particulars in application for deposit.

       (1) No rent deposited under section 14 shall be considered to have been validly deposited under that section for purposes of clause (1) of the proviso to sub-section (1) of section 11, unless deposited within fifteen days of the time fixed by contract for payment of the rent or in the absence of such contract unless deposited within the first day of the second month next following that for which the rent was payable.
       (2) Nor shall such deposit be considered to have been validly made for purposes of the said clause if any statements in the tenant's application depositing the rent, whether made designedly or with gross negligence, were calculated to prevent the landlord from receiving payment from the Controller, unless the landlord has received such payment before the date of filing suit for recovery of possession of house or shop from the tenant.
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S.16 Saving as to acceptance of rent.

The receipt of payment of rent deposited under section 14 from the Controller, in the manner provided therein, shall not operate as an admission against the receiver of the correctness of the rate of rent, the amount due, or of any other facts stated in the tenant's application depositing the rent under the said section nor shall it operate as a waiver of any notice to quit given by him to the tenant.

S.17 Appointment of Controller.

[The Government] may by notification, appoint a person to be the Controller for any area or part of area to which this Act extends to exercise the powers and discharge the duties conferred and imposed upon the Controller by or under this Act.

S.18 Final hearing of certain applications.

       (1) The hearing of every application made to the Controller under this Act shall be completed within a period of three months, other than an application for obtaining permission under sub-section (2) of section 27, which shall be completed within a period of one month unless, in either case, for reasons to be recorded by the Controller in writing, it is not possible for him to complete the hearing within that period.
       (2) The hearing of every application shall, when it has begun, be continued from day to day unless, for reasons to be recorded by the Controller in writing, it is not possible so to do.
       (3) In all proceedings before him the Controller shall consider the question of costs and may award to and against any party such costs as would be reasonable.

S.19 Notice to landlords and tenants before exercising powers under the Act.

Subject to other provisions of this Act, before exercising any of the powers conferred on him by this Act, the Controller shall give notice by registered post of his intention to do so to the landlord and to the tenant, if any, and shall cause a copy of such notice to be affixed in a conspicuous place at the office of the Controller, and shall duly consider any application received by him within the period specified in the notice from any person having any interest in the house or shop in respect of which such power is exercised.
Explanation. - No such notice shall be necessary for exercise of the powers of the Controller under sections 27 and 28.

S.20 Power to enter and inspect houses or shops, to require information and to summon witnesses.

       (1) For the purposes of any inquiry for discharge of his duties under this Act, the Controller may -
       (a) enter and inspect, or authorise any officer sub-ordinate to him to enter and inspect, any house or shop at any time between sunrise and sunset; or
       (b) by written order require any person to produce for his inspection such accounts, rent receipts, books or other documents relevant to the inquiry at such time and at such place as may be specified in the order:
       Provided that no house or shop shall be entered under clause (a) without the consent of the occupier, unless at least twenty-four hours previous notice in writing has been given.
       (2) The Controller shall, subject to any rules made under this Act, and in so far as such powers are necessary for

S.21 Appeal, review and revision.

       (1) From a final order of the Controller an appeal shall lie to the District Judge of the district in which the house or shop in respect of which such order is made is situated.
       (2) Such appeal shall be filed within thirty days of the order of the Controller excluding the day of the order and such time as is requisite for obtaining a certified copy of the order.
       (3) The procedure for filing the appeal and powers and procedure of the Court in entertaining and hearing the appeals shall be the same as in appeals from orders under the Code of Civil Procedure, Samvat 1977.
       (4) From an order made in such appeal no further appeal shall lie, but the High Court may revise the order on the ground of error of law or on the ground of material failure of justice.
(5) The Controller, the District Judge a

S.22 Penalty for recovering rent in excess of the fair rent.

       (1) Whoever knowingly -
       (a) receives, whether directly or indirectly, any sum on account of the rent of any house or shop in excess of the fair rent; or
       (b) receives, whether directly or indirectly, or invites offers or asks for, any premium, pugree, fine or any other like imposition in addition to the fair rent; or
       (c) receives, Whether directly or indirectly, any sum as rent in advance in excess of one month's rent without the written consent of the Controller, shall, on the complaint of the party aggrieved or of the Government, to the Controller, be liable -
       (i) in the case referred to in clause (a), on the first occasion, to a fine which may extend to five times the amount recovered in excess of the fair rent, and on a second or subsequent occas

S.23 Penalty for disturbance of easements, etc.

Whoever in any case in which an order or decree for the recovery of possession of any house or shop is prohibited under section 12, without the previous written consent of the Controller, or save for the purpose of effecting repairs or complying with any municipal requisition, wilfully disturbs any easement annexed to such house or shop, or removes, destroys or renders unserviceable, anything provided for permanent use therewith, or discontinues any supply or service comprised in the tenancy of such house or shop, shall, on the complaint of the party aggrieved, be liable on the first occasion, to a fine which may extend to five hundred rupees, and on a second or subsequent occasion in regard to the same or any other house or shop, to a fine which may extend to one thousand rupees, to be imposed, after inquiry, by the Controller.

S.24 Payment and recovery of fine.

The fine imposed on any sum ordered to be paid under this Act shall be paid by the person fined or ordered to pay in the prescribed manner within thirty days from the date of the order of the Controller or within such further period as the Controller may allow for such payment for special reasons to be recorded by him in writing and in default of such payment the fine shall be recoverable as if it was as arrear of land revenue.

S.25 Limitation for complaints.

No complaint under section 22 or section 23 shall be brought against any person after the expiration of six months from the date of the commission of the act in respect of which the complaint is brought.

S.26 Issue of processes barred in certain cases.

No process under the Code of Civil Procedure, Samvat 1977, in execution of a decree passed ex-parte thereunder, shall be issued, either for the attachment of property or for the arrest of any tenant, in connection with the recovery of the rent of any house or shop situated in any area to (which) this Act may apply, unless the person applying for execution, when making his application, swears or affirms by affidavit or otherwise that no part of the rent, in respect of which execution is applied for is irrecoverable under this Act.

S.27 Making of repairs and taking of measures for the maintenance of essential services by the tenant on the failure or neglect of the landlord to do so.

(1) The Controller shall, on application made to him in this behalf by any tenant in possession of any house or shop, cause a notice to be served in the prescribed manner on the landlord thereof requiring him to make any repairs which such landlord is bound to make to the house or shop or to take any measures for the due maintenance of any essential supply or service, such as the maintenance of the supply of water or electricity, the maintenance of conservancy or sanitary service and the maintenance of any lift, which such landlord is bound to maintain in the house or shop under the conditions of the tenancy or according to local usage.
(2) If, after the service of such notice, the landlord fails to show proper cause or neglects to make such repairs or take within reasonable time such measures, as the case may be, the tenant may submit-to the Controller an estimate of the cost of s

S.28 Taking of measures by the tenant in case of emergency.

Notwithstanding anything contained in section 27, if the necessity for making any repairs or for taking any measures referred to in that section, is so urgent that any delay involved in the procedure referred to therein is likely to subject the tenant to personal loss, damage or serious inconvenience, the tenant may himself cause the notice referred to in section 27 to be served in the prescribed manner on the landlord requiring him to make such repairs or to take such measures within seventy-two hours of the service of such notice and shall in every such case submit, at the same time, a copy of-such notice to the Controller together with an estimate of the cost of such repairs or measures to enable the Controller to make such inquires, as he may consider necessary about the necessity of such repairs or measures and the correctness of the estimate so submitted, and if, after the service of such notice, the landlord fails to m

S.29 Cutting off or withholding essential supply or service.

       (1) No landlord either himself or through any person purporting to act on his behalf, shall without just or sufficient cause, cut off or.withhold any essential supply or service enjoyed by the tenant in respect of the house or shop let to him.
       (2) Any landlord who contravenes the provisions of sub-section (1) shall, on conviction in a Criminal Court, be punished with imprisonment for a term which may extend to six months, or with fine, or with both.
       Explanation.- In this section essential supply or service includes supply of water, electricity, lights in passages and on staircases and conservancy or sanitary service.

S.30 Supply of certified copies of the order of the Controller.

Any person affected by any order of the Controller made under this Act shall be entitled to be furnished with a copy thereof, duly certified by the Controller to be a correct copy, on payment of such fees as may be prescribed, and such copy shall be admissible in evidence in any Court of law to prove the order of the Controller.

S.31 Controller to be a public servant.

A Controller appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code.

S.32 Bar of proceedings.

No suit, prosecution or other legal proceedings shall lie against any officer of Government for anything in good faith done or intended to be done under this Act.

S.33 Power to make rules.

       (1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.
       (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
       (a) the form of permits referred to in section 5;
       (b) the manner of obtaining the permission and executing an order referred to in section 13;
       (c) the manner of depositing rent under sub-section (1) of section 14;
       (d) the manner of sending notice of deposit referred to in sub-section (5) of section 14;
       (e) the manner of payment referred to in sub-sections (6) and (7) of section 14;<

S.34 Repeal and Savings.

       (1) The Jammu and Kashmir Houses and shops Rent Control Ordinance 1966 (VI of 1966) and the Jammu and Kashmir Houses and Shops Rent Control (Amendment) Ordinance. 1966 (XI of 1966) are hereby repealed:
       Provided that such repeal shall not -
       (a) affect the previous operation of the said Ordinances or anything duly done or suffered thereunder; or
       (b) affect the right, privilege, obligation or liability acquired, accrued, or incurred under those Ordinances; or
       (c) affect any penalty, forfeiture or punishment incurred in respect of anything done against those Ordinances; or
       (d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeitu

S.35 Special provision for pending cases.

The provisions of this Act shall apply to all suits and appeals relating to recovery of possession of any house or shop constructed during the period intervening the first day of January,1954, and the 31st day of December, 1965 (both days inclusive) pending at the commencement of Jammu and Kashmir Houses and Shops Rent Control (Amendment) Act, 1970 in the same manner as they apply to the houses and shops constructed before the 1st day of January, 1954 as if this Act were in force when cause of action arose in such suit or suits out of which such appeals have arisen.

Sch.A .

       Schedule A
       Provisions for determining the fair rent of Houses and Shops
       (1) In this Schedule "basic rent" in relation to any house or shop means -
       (a) where the rent of any house or shop has been fixed by the Controller under the House Rent Control Order, 2000 or the Shop Rent Control Order, 2002, the rent so fixed;
       (b) where the rent of the house and shop has not been so fixed, the rent which was payable for the house or shop during the twelve months prior to 31st December, 1964, or if any increased rent was paid for the house or shop between that date and the coming into operation of this Act, the increased rent, which was last paid but so as not to exceed the rent payable during the twelve months prior to 31st December, 1964, by more than ten per

Sch.B .

       [Schedule B
       Form of summons in a case where recovery of possession of a house is prayed for on the ground of a bonafide requirement.
       To
       (Name, Description and place of Residence of the tenant)
       Where as Shri........, has filed a suit (a copy of which is annexed) for your eviction from (here insert the particulars of the house) on the ground Specified in section 13-C;
       You are hereby summoned to appear before the Court within fifteen days of the service hereof and to obtain the leave of the Court to contest the suit for eviction on the ground aforesaid, in default whereof, the landlord will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from t