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Andhra Pradesh Tenancy Act, 2017 Overview

This document outlines the Andhra Pradesh Residential and Non-Residential Premises Tenancy Act of 2017 which governs rental agreements in the state. Some key points covered include: requiring written rental agreements between landlords and tenants, provisions around rental periods and renewals, inheritance of tenancies, restrictions on subletting, payment of rent and revisions, security deposits, landlord and tenant repair obligations, grounds and procedures for eviction, and establishment of Rent Courts and Rent Tribunals to adjudicate disputes.

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Sowmya Chowdary
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0% found this document useful (0 votes)
352 views28 pages

Andhra Pradesh Tenancy Act, 2017 Overview

This document outlines the Andhra Pradesh Residential and Non-Residential Premises Tenancy Act of 2017 which governs rental agreements in the state. Some key points covered include: requiring written rental agreements between landlords and tenants, provisions around rental periods and renewals, inheritance of tenancies, restrictions on subletting, payment of rent and revisions, security deposits, landlord and tenant repair obligations, grounds and procedures for eviction, and establishment of Rent Courts and Rent Tribunals to adjudicate disputes.

Uploaded by

Sowmya Chowdary
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.

Andhra Pradesh Residential and Non-Residential Premises

Tenancy Act, 2017


o 1. Short title, extent and commencement.
o 2. Definitions.
o 3. Act not to apply to certain premises.
o 4. Tenancy agreement.
o 5. Period of Tenancy.
o 6. Inheritability.
o 7. Restriction subletting.
o 8. Rent payable.
o 9. Revision of Rent.
o 10. Rent Authority to fix or revise rent.
o 11. Security Deposit.
o 12. One set of original agreement to be given to the tenant.
o 13. Receipt to be given for rent paid.
o 14. Credit of rent to the account of landlord.
o 15. Repair and maintenance of property.
o 16.
o 17. Entry with notice.
o 18. Information about the property manager.
o 19. Role and responsibilities of property manager.
o 20. Cutting off or withholding essential supply or service.
o 21. Repossession of the premises by the Land Lord.
o 22. Recovery of possession for occupation.
o 23. Compensation in case of nonvacancy.
o 24. Refund of advance rent by the landlord.
o 25. Payment of rent during eviction proceedings.
o 26. Permission to build additional structure.
o 27. Special provision regarding vacant sites.
o 28. Vacant possession of landlord.
o 29. Provision regarding notice of giving up possession by the tenant.
o 30. Constitution of Rent Court.
o 31. Constitution of Rent Tribunal.
o 32. Jurisdiction of Rent Court and Rent Tribunal.
o 33. Procedure of Rent Court and Rent Tribunal.
o 34. Powers of Rent Court and Rent Tribunal.
o 35. Appeal to the Rent Tribunal.
o 36. Execution of the order.
o 37. Appointment of Rent Authority.
o 38. Powers and Procedure of Rent Authority.
o 39. Appeals.
o 40. Jurisdiction of civil Courts barred in respect of certain matters.
o 41. Court fees.
o 42. Members etc., to the public servants.
o 43. Members etc., to function under the High Court.
o 44. Protection action taken in good faith.
o 45. Power to make Rules.
o 46. Power to remove difficulties.
o 47. Repeal and savings.

Andhra Pradesh Residential and Non-Residential Premises


Tenancy Act, 2017
(Act No. 10 of 2018)
ap268

Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixty-Eighth Year of the
Republic of India as follows :-

CHAPTER I

Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Andhra Pradesh
Residential and Non-Residential Premises Tenancy Act, 2017.
(2) It shall extend to all urban areas and to such of the Gram Panchayats where Mandal Praja
Parishad head quarters are situated in the State of Andhra Pradesh.
Provided that the State Government may by notification exclude any area or units or class of
buildings from the operation of this Act or any provision thereof.
(3) It shall come into force on such date as the State Government may, by notification in the
Andhra Pradesh Gazette appoint and different dates may be appointed for different provisions of
the Act.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "agreement or "tenancy agreement" means the written agreement executed by the landlord
and the tenant as required under this Act;
(b) "landlord" means a person who, for the time being is receiving, or is entitled to receive, the
rent of any premises, whether on his own account or on account of or on behalf of, or for the
benefit of, any other person or as a trustee, guardian or receiver of any person or who would
so receive the rent or be entitled to receive the rent, if the premises were let to a tenant, and
shall include his successor-in-interest;
(c) "local authority" means a Municipal Corporation or a Municipal Council or a Nagar
Panchayat or a Development Authority, by whatever name called, or such other body
entitled to function as a local authority in any city or town, constituted under relevant law for
the time being in force;
(d) "person with disability" has the same meaning as assigned to it in clause (t) of Section 2 of
the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation)
Act, 1995;
(e) "premises" means any building or part of a building which, or is intended to be, let
separately for the purpose of residence or for commercial or for educational use, except for
industrial use and includes-
(i) the garden, to such building or part of the building for the more beneficial enjoyment
thereof, but does not include hotel, lodging house, dharmshala or inn etc:,
(f) "property manager" means a person or company who is employed by the land to manage
the premises and who represents the land in his dealings with the tenant;
(g) "Rent Authority" means an officer appointed under Section 37;
(h) "Rent Court" means a Rent Court constituted under Section 30;
(i) "rent payable" in relation to any premises means the rent as per Section 8;
(j) "Rent Tribunal" means Rent Tribunal constituted under Section 31;
(k) "Schedule" means the Schedule annexed to this Act;
(l) "Tenant" means a person by whom or on whose account or behalf the rent of any premises
is, or, but for a contract express or implied, would be payable for any premises and includes
any person occupying the premises as a sub-tenant and also, any person continuing in
possession after the termination of his tenancy whether before or after the commencement
of this Act; but shall not include any person against whom any order or decree for eviction
has been made;
(m) "Urban Area" means the areas that fall under the jurisdiction of either the Municipal
Corporation or the Municipal Council or the Development Authority or the Nagar Panchayat
or any other such body as the case may be.
3. Act not to apply to certain premises. - Nothing in this Act shall apply to-
(a) Any premise(s) owned or promoted by the Central or State or Local Authority or a
Government undertaking or enterprise or a statutory body or cantonment board.
(b) Premise(s) owned by a company, university or organization given on rent to its employees
as part of service contract;
(c) Any premise(s) owned by religious or charitable institutions as may be specified by the
Central/State Government, by notification;
(d) Any premise(s) owned by Wakfs registered under the Wakf Act, 1995 or to any trust
registered under the Public Trust Act;
(e) Any other building and/or category of building(s) specifically exempted in public interest by
the State Government through notification:
Provided that any owner of the premise(s) falling under clauses (a) to (e) of the above, may opt
that the tenancy agreement entered into by them be regulated under the provisions of this Act.
CHAPTER II

Tenancy
4. Tenancy agreement. - (1) Notwithstanding anything contained in this Act or any other law for
the time being in force, no person shall, after the commencement of this Act, let or take on rent any
premises except by an agreement in writing, signed by the landlord and tenant jointly, in the form
specified in the First Schedule. Such agreement shall be registered or notarized with the notary
public. Two copies of the tenancy agreement to be made in original one each for the landlord and
tenant.
(2) Where, in relation to a tenancy created before the commencement of this Act-
(a) an agreement in writing was already entered into it shall be registered or notarized within
six months of the commencement of this Act if it is not registered or notarized.
(b) no agreement in writing was entered into, the landlord and the tenant shall enter into an
agreement in writing with regard to that tenancy, in the form specified in the First Schedule
and get this registered or notarized within six months of the commencement of this Act.
(3) Information provided as per sub-sections (1) and (2) shall be taken as evidence of facts relating
to tenancy and matters connected therewith and in its absence any statement in the agreement
shall not be received as evidence of the facts in any Court of law.
5. Period of Tenancy. - (1) All tenancies entered into after the commencement of this Act shall be
for a period as agreed between the landlord and the tenant and as specified in the tenancy
agreement.
(2) The tenant may approach the landlord for renewal or extension of the tenancy, within the period
agreed to in the tenancy agreement, prior to the end of tenancy period and if agreeable to the
landlord may enter into a new tenancy agreement with the landlord on mutually agreed terms and
conditions.
(3) If a tenancy for a fixed term ends and has not been renewed, the tenant shall vacate the
premises forthwith and put in possession the landlord in such premises.
6. Inheritability. - (1) The tenancy shall cease immediately after the death of the tenant save as
provided in sub-section (2).
(2) In the event of the death of a tenant, the right of tenancy of residential and non-residential
premises shall devolve for the remaining period of tenancy to his successors in following order, if
the successor had been ordinarily living or working in the premises with the deceased tenant upto
his death.
(a) Spouse;
(b) Sons/unmarried daughters;
(c) Parents;
(d) Daughter-in-law being the widow of a predeceased son.
7. Restriction subletting. - (1) After the commencement of this Act, no tenant shall without the
previous consent in writing of the landlord-
(a) sublet whole or part of the premises held by him as a tenant;
(b) transfer or assign his rights in the tenancy agreement or any part thereof.
(2) Where the premises are sublet as per sub-section (1) above the tenant shall notify the landlord
the date of commencement or termination of sub-tenancy, as the case may be, within one month of
the commencement or termination.

CHAPTER III

Rent
8. Rent payable. - The rent payable in relation to a premises shall be,-
(a) in case of new tenancies entered into after the commencement of this Act, the rent agreed
to between the landlord and the tenant at the commencement of the tenancy;
(b) in case of tenancies entered into before the commencement of this Act, after the expiry of
twelve months from the commencement of this Act, rent payable shall be as per clause (a)
and-
(i) the landlord shall intimate the tenant, two months prior to the expiry of the said twelve
months, about the revision in rent, if required;
(ii) In the absence of an agreement between the landlord and the tenant on the rent
payable as per clause (a), the landlord shall have the option to terminate the tenancy
as per clause (a) of sub-section (2) of Section 21.
9. Revision of Rent. - (1) The revision of rent between the landlord and the tenant shall be as per
the terms set in the Tenancy Agreement.
(2) Save as agreed otherwise in the agreement, the landlord shall give a notice in writing three
months before the revised rent becomes due.
(3) If a tenant who has been given notice of an intended rent increase under sub-section (2), fails
to give the landlord notice of termination of tenancy, the tenant shall be deemed to have accepted
whatever rent increase has been proposed by the landlord.
(4) In case the premises has been let for a fixed term, rent may not be increased during the
currency of the tenancy period unless the amount of increase or method of working out the
increase is expressly set out in the Tenancy Agreement.
(5) No tenant shall directly or indirectly sublet or assign, whole (or part) of the premises for a rent
that is higher than the rent (or the proportionate rent) charged by the landlord to the tenant
(6) Where the landlord, after the commencement of tenancy and with agreement with the tenant
has incurred expenditure on account of improvement, addition or structural alteration in the
premises occupied by the tenant, which does not include repairs necessary to be carried out under
Section 15, the landlord may increase the rent of the premises by an amount as agreed between
the landlord and the tenant, prior to the commencement of the work and such increase in rent shall
become effective from one month after the completion of work.
(7) Where after the rent of a premises has been agreed or fixed, there has been a decrease or
diminution or deterioration of accommodation or housing services in the premises, the tenant may
claim a reduction in the rent and in the case of conflict may approach the Rent Authority.
(8) The landlord may either restore the premises and the housing services as at the
commencement of tenancy or agree for a reduction in rent.
10. Rent Authority to fix or revise rent. - The Rent Authority on an application by the landlord or
tenant will fix or revise, as the case may be, the rent or other charges payable by the tenant as
also fix the date from which the revised rent becomes payable.
11. Security Deposit. - (1) Save an agreement to the contrary, it shall be unlawful to charge a
security deposit in excess of three times the monthly rent.
(2) The security deposit shall be refunded to the tenant within one month after vacation of the
premises, after making due deduction of any liability of the tenant.

CHAPTER IV

Rights and Duties of Landlord and Tenant


12. One set of original agreement to be given to the tenant. - After the tenancy agreement has
been signed by both the landlord and tenant; the landlord must give one original signed and
registered or notarized agreement to the tenant within fifteen days of the agreement being signed
by both die landlord and the tenant in the manner as prescribed.
13. Receipt to be given for rent paid. - (1) Every tenant shall pay rent and other charges payable
within the stipulated period as in the tenancy agreement between the landlord and the tenant.
(2) Every tenant who makes payment of rent or other charges payable or advance towards such
rent or other charges to his landlord, shall be entitled, against acknowledgement, to obtain
forthwith from the landlord or his property manager, a written receipt duly singed by the landlord or
his property manager for the amount paid to him.
14. Credit of rent to the account of landlord. - (1) Where the landlord does not accept any rent
and other charges payable or refuses to give a receipt, the rent and other charges shall be paid to
the landlord through online transfer to his bank account or any other method as may be prescribed.
(2) Whenever there is bona fide doubt about the person or persons to whom the rent is payable,
the tenant may deposit such rent and other charges with the Rent Authority.
(3) On deposit of the rent, the Rent Authority shall investigate the case and pass an order based
on facts of the case.
(4) The withdrawal of rent and other charges paid or deposited under sub-section (1) or sub-
section (2), as the case may be, shall not operate as an admission against the person withdrawing
it to the correctness of rent or any other fact stated by the tenant.
(5) Any rent and charges not withdrawn for five years by any person entitled to withdraw shall be
forfeited by the State Government by giving a notice in such manner as may be prescribed.
15. Repair and maintenance of property. - (1) Notwithstanding any contract in writing to the
contrary, the landlord and the tenant shall be bound to keep the premises in as good condition as
at the commencement of the tenancy, except for normal wear and tear, and shall be responsible
for the respective repairs and maintenance as specified in the Second Schedule.
(2) In case of common facilities shared among the tenants or with the landlord, the respective
responsibilities of each tenant and landlord will be specified in the Tenancy Agreement.
(3) In the event of tenants refusal to carry out scheduled or agreed repairs, the landlord shall get
the repairs done and deduct the amount from the Security Deposit.
(4) In case the landlord refuses to carry out the scheduled or agreed repairs, the tenant can get the
work done and deduct the same from periodic rent:
Provided that the deduction from rent in any one month shall not exceed fifty per cent of the agreed
rent for one month.
(5) Tenant to look after the premises :- In case the unit is uninhabitable without the repairs and the
landlord has refused to carry out the required repairs, after being called upon to get the repairs
done in writing by the tenant(s), the tenant(s) will have the right to vacate the unit after giving
landlord fifteen days of notice in writing or by approaching the Rent Authority.
16. During the tenancy, the tenant must-
(a) not intentionally or negligently damage the premises or permit such damage;
(b) notify the landlord of any damage as soon as possible;
(c) take reasonable care of the premises and its contents and keep it reasonably habitable
having regard to its condition at the commencement of tenancy and the normal incidence of
living.
17. Entry with notice. - (1) A landlord or the property manager may enter a premises in
accordance with written notice given to the tenant at least twenty four hours before the time of
entry under the following circumstances.
(a) to carry out repairs or replacement or do or get done work in the premises;
(b) to carry out an inspection of the premises for the purpose of determining whether the
premises is in a habitable state;
(c) for any other reasonable reason for entry specified in the Tenancy Agreement.
(2) The written notice will specify the reason for entry, the day and time of entry between 7.00 a.m.
to 8.00 p.m.
18. Information about the property manager. - In case the landlord has hired a property
manager, the landlord must provide tenant the following information-
19. Role and responsibilities of property manager. - The functions of the property manager may
include the following,-
(a) collection of rent against receipt;
(b) getting essential repairs done on behalf of the landlord;
(c) inspection of the premises from time to time;
(d) giving notices to tenant(s) for
(i) proper maintenance of the premises,
(ii) delay in payment of rent;
(iii) revision of rent;
(iv) vacation of premises;
(v) renewal of tenancy;
(e) help in resolution of disputes among tenants and between landlord and tenant(s);
(f) any other matters relating to tenancy.
20. Cutting off or withholding essential supply or service. - (1) No landlord or tenant either by
himself or through any person shall cut-off or withhold any essential supply or service in the
premises occupied by the tenant or the landlord.
(2) In case of contravention of provisions of sub-section (1) and on application from the tenant or
the landlord, as the case may be, the Rent Authority after examining the matter may pass an
interim order directing the restoration of supply of essential services immediately pending the
inquiry referred to in sub-section (3).
(3) The Rent Authority shall conduct an inquiry against the application made by the landlord or the
tenant, as the case may be, and complete the inquiry within one month of filing of such application.
(4) The Rent Authority may also levy a penalty on the person responsible for cutting off or
withholding the essential supply, which may extend upto an amount as may be prescribed.
(5) The Rent Authority may direct that compensation be paid to the landlord or tenant if it finds that
the application was made frivolously or vexaciously.
Explanation : - Essential services includes supply of water, electricity, lights in passages, lifts and
on staircase, conservancy, parking, communication links and sanitary services or such other
services as may be specified by the Government.

CHAPTER-V

Repossession of the Premises by the Landlord


21. Repossession of the premises by the Land Lord. - (1) A tenant shall not be evicted during
the continuance of tenancy agreement except in accordance with the provisions of sub-section (2).
(2) The Rent Court shall, on an application made to it in the manner prescribed, make an order for
the recovery of possession of the premises on one or more of the following grounds, namely :-
(a) that the landlord and tenant have failed to agree to the rent payable under Section 8;
(b) that the tenant has not paid the arrears in full of rent payable and other charges payable as
specified in sub-section (1) of Section 13 for two months, including interest for delayed
payment as may be specified for in the tenancy agreement or prescribed, as the case may
be, within one week of notice of demand served by email, registered post or in person or in
any other manner as may be prescribed for the arrears of such rent and other charges
payable.
Provided that no order for eviction of the tenant on account of default of payment of rent shall be
passed, if the tenant makes payment to the landlord or deposits with Rent Court all arrears of rent
including interest within one week of notice being served on him :
Provided further that this relief shall not be available again, if the tenant defaults in payments of
rent consecutively for two months in any one year subsequent to getting relief once;
(c) that the tenant has after the commencement of this Act, parted with the possession of whole
or any part of the premises without obtaining the written consent of the landlord;
(d) that the tenant has continued misuse of the premises even after receipt of notice from the
landlord to stop such misuse.
Explanation : - For the purpose of this clause, misuse of premises means encroachment of
additional space by the tenant or use of premises which causes public nuisance or causes damage
to the property or is detrimental to the interest of the landlord or for an immoral or illegal purposes;
(e) that the premises or any part thereof are required by the landlord for carrying out any
repairs or building or rebuilding or additions or alterations or demolition, which cannot be
carried out without the premises being vacated :
Provided that the re-entry of the tenant after such repairs, rebuilding, addition, alteration etc., will
be allowed only when it has been mutually agreed to between the landlord and the tenant and the
new tenancy agreement is entered between them in writing which shall be registered or notarized.
Provided further that re-entry of the tenant shall not be allowed in the absence of such mutual
agreement and also in cases where the tenant has absence of such written agreement and also in
cases where the tenant has been evicted under the orders of the Rent Court.
(f) that the premises or any part thereof are required by the landlord for carrying out any
repairs, building, rebuilding additions, alterations or demolition, for change of its use as a
consequence of change of land use made by the competent authority under relevant law
applicable to the local authority.
(g) that the premises let for residential or non-residential purpose are required by the landlord
for occupation for residential or non-residential purpose for himself or for any member of his
family or for any person for whose benefit the premises were held and the landlord or such
person is not in possession of any suitable accommodation within the same urban area;
(h) that the tenant has given written notice to quit and in consequence of that notice the
landlord has contracted to sell the accommodation or has taken any other step, as a result of
which his interests would seriously suffer if he is not put in possession of that
accommodation;
(3) The Rent Court may, on an application made to it in the manner prescribed, make an order
putting the landlord in possession of the premises by evicting the tenant after expiry of the tenancy
period specified in the agreement.
22. Recovery of possession for occupation. - Where an order for recovery of possession of any
premises is made on the ground specified in clause (g) of sub-section (2) of Section 21, the
landlord shall be entitled to obtain possession thereof within a period of one month in the case of
residential premises and two months in the case of non-residential premises from the date of
passing of eviction order :
Provided that in case of premises let by category of landlords specified in the Third Schedule or by
their spouse or dependent children (including dependents of pre-deceased personnel in armed
forces), the landlord shall be entitled to obtain possession immediately after passing of the eviction
order.
23. Compensation in case of non-vacancy. - (1) A landlord is entitled to compensation of double
the monthly rent for the use and occupation of a premise by a tenant who does not vacate the unit
after his tenancy has been terminated by order, notice or agreement for the period of first six
months and thereafter it shall be thrice the monthly rent.
24. Refund of advance rent by the landlord. - (1) The period of first six months and thereafter it
shall be thrice the monthly rent under sub-section (2) of Section 21, and he had received any rent
or any other payment in advance from the tenant, he shall before recovery of possession, refund to
the tenant such an amount after deducting the rent and other charges due to him.
(2) If any default is made in making any refund, the landlord shall be liable to pay interest at the
rate of 18% per annum on the amount which he has omitted or failed to refund.
25. Payment of rent during eviction proceedings. - In any proceedings for recovery of
possession on any ground other than that referred to in clause (a) or clause (b) of subsection (2) of
Section 21, the tenant contests the claim for eviction, he shall continue to pay rent and other
charges payable to the landlord through online transfer to his bank account or in any other manner
as may be prescribed.
26. Permission to build additional structure. - Where the landlord proposes to make any
improvement in or construct any additional structure on any building which has been let to a tenant
and the tenant refuses to allow the landlord to make such improvement or construct such
additional structure and the Rent Court on an application made to it in this behalf by the landlord is
satisfied that the landlord is ready and willing to commence the work, the Rent Court may permit
the landlord to do such work and may make such other order as it may think fit.
27. Special provision regarding vacant sites. - Notwithstanding anything contained in Section
21, where any premises which have been let comprising of vacant land, upon which it is
permissible under the municipal bye-laws, for the time being in force to erect any building, whether
for residence or for any other purpose, and the landlord proposing to erect such building is unable
to obtain possession of the same from the tenant by agreement with him and the Rent Court, on an
application made to it in this behalf by the landlord, is satisfied that the landlord is ready and willing
to commence the work and that the severance of the vacant land from the rest of the premises
shall not cause undue hardship to the tenant, the Rent Court may-
(a) direct such severance;
(b) place the landlord in possession of the vacant land;
(c) determine the rent payable by the tenant in respect of the rest of the premises; and
(d) make such other orders as it thinks fit in the circumstances of the case.
28. Vacant possession of landlord. - Notwithstanding anything contained in any other law for the
time being in force, where the interest of a landlord in any premises is determined for any reason
whatsoever and any order is made by the Rent Court under this Act for the recovery of possession
of such premises, the order be binding on all occupants who may be in occupation of the premises
and vacant possession thereof shall be given to the landlord by evicting all such occupants
therefrom.
29. Provision regarding notice of giving up possession by the tenant. - (1) Every tenant who
is in possession of any premises to which this Act applies shall observe all the terms and
conditions of the tenancy agreement and shall be entitled to the benefits thereof.
(2) Notwithstanding anything in this Act or any other law for the time being in force, the tenant may
give up possession of the premises on giving such notice as is required under the tenancy
agreement and in the absence of any stipulation relating to such notice, the tenant shall give notice
to the landlord of at least one month before giving up possession of the premises.

CHAPTER VI

Rent Courts and Rent Tribunals


30. Constitution of Rent Court. - (1) The State Government may, by notification, constitute such
number of Rent Courts in as many urban areas as may be deemed necessary by it.
(2) Where two or more Rent Courts are constituted for any urban area, the State Government may,
by general or special order, regulate the distribution of business among them.
(3) A Rent Court may consist of one person only (hereinafter referred to as the Presiding Officer) to
be appointed by the State Government in consultation with the High Court.
(4) No person shall be eligible to be appointed as Presiding Officer of the Rent Court unless he is
member of the State Higher Judicial Service.
(5) The State Government may, in consultation with the High Court, authorize the Presiding Officer
of one Rent Court to discharge the functions of the Presiding Officer of another Rent Court also.
31. Constitution of Rent Tribunal. - (1) The State Government may, by notification, constitute
such number of Rent Tribunals at such places as may be deemed necessary by it.
(2) Where two or more Rent Tribunals are constituted for any area, the State Government may, by
general or special order, regulate the distribution of business among them.
(3) The Rent Tribunal shall consist of one person only (hereafter referred to as the presiding officer
of the rent Tribunal) to be appointed by the State Government in consultation with the High Court.
(4) No person shall be eligible to be appointed as the presiding officer of the Rent Tribunal unless
he has been High Court Judge.
(5) The State Government may authorize the presiding officer of the Rent Tribunal to discharge the
functions of die presiding officer another Rent Tribunal also.
32. Jurisdiction of Rent Court and Rent Tribunal. - Notwithstanding anything contained in any
other law for the time being in force, in the areas to which this Act extends, only the Rent Court and
no Civil Court shall have jurisdiction, to hear and decide the applications relating to disputes
between landlord and tenant and matters connected with and Rent ancillary thereto covered under
this Act:
Provided that the Rent Court shall, in deciding such applications relating to tenancies and
premises, give due regard to the provisions of the Transfer of Property Act, 1882, the Indian
Contract Act, 1872 or any other substantive law applicable to such matter in the same manner, in
which such law would have been applied had the dispute been brought before a civil Court by way
of suit.
33. Procedure of Rent Court and Rent Tribunal. - (1) Subject to any rules that may be made
under this Act, the Rent Court and the Rent Tribunal shall not be bound by the procedure laid down
by the Code of Civil Procedure, 1908 but shall be guided by the principle of natural justice and
shall have power to regulate their own procedure, and the Rent Court shall follow the following
procedure, namely-
(a) the landlord or tenant may file an application (including electronic filing) before the Rent
Court accompanied by affidavits and documents, if any;
(b) the Rent Court then shall issue notice to the opposite party, (including electronic means)
accompanied by copies of application, affidavits and documents;
(c) the opposite party shall file a reply (including electronic means) accompanied by affidavits
and documents, if any, after serving a copy of the same to the applicant;
(d) the applicant may file a rejoinder, (including electronic filing) if any, after serving the copy to
the opposite party"
(e) the Rent Court shall then fix a date of hearing and may hold such summary inquiry as it
deems necessary.
(2) In every case, before the Rent Court and the Rent Tribunal, the evidence of a witness shall be
given by affidavit. However, the Rent Court and the Rent Tribunal, where it appears to it that it is
necessary in the interest of justice to call a witness for examination or cross-examination, such
witness can be produced and may order attendance for examination or cross-examination of such
a witness.
Provided that the Rent Court or the Rent Tribunal may appoint and Advocate Commissioner to
examine and cross-examine any witness before it.
(3) The service of notices by the Rent Court or Rent Tribunal may be by registered post or through
electronic mode or by any other manner as may be prescribed.
(4) Every application or appeal, so far as possible shall be in the model forms as may be
prescribed.
(5) The Rent Court shall not ordinarily allow more than three adjournments at the request of a party
throughout the proceedings and in case it decides to do so, it shall record the reasons for the same
in writing and order the party requesting adjournment to pay three times the current minimum
wages payable to a skilled worker.
(6)(a) All applications under clauses (a), (b), (c), (e), (f) and (h) of sub-section (2) of Section 21
shall be decided within 90 days of filing of application to the Rent Court.
34. Powers of Rent Court and Rent Tribunal. - (1) The Rent Court and the Rent Tribunal for the
purpose of Powers of discharging their functions under their Act, shall have the same powers as
Rent Court are vested in a civil Court under the Code of Civil Procedure, 1908 for the Rent
purposes of,-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for examination of the witnesses or documents
(d) issuing commission for local investigation;
(e) receiving evidence on affidavits;
(f) dismissing an application or appeal for default or deciding it ex parte-,
(g) setting aside any order of dismissal of any application or appeal for default or any other
order passed by it ex parte
(h) execution of its order and decisions under this Act without reference to any civil Court;
(i) reviewing its orders and decisions;
(j) any other matter which may be prescribed.
(2) Any proceedings before the Rent Court or Rent Tribunal shall be deemed to be a judicial
proceedings within the meaning of Sections 193 and 228, and for the purpose of Section 196, of
the Indian Penal Code, 1860 and the Rent Court and the Rent Tribunal shall be deemed to be a
civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure,
1973.
(3) For the purpose of holding any inquiry or discharging any duty under this Act, the Rent Court
may-
(a) after giving not less than twenty-four hours notice in writing, enter and inspect or authorize
any officer, subordinate to him, to enter and inspect, any premises at any time between
sunrise and sunset;
(b) by written order, require any person to produce for his inspection such books or documents
relevant to the inquiry, at such time and at such place as may be specified in the order.
(4) The Rent Court may, if it thinks fit, appoint one or more persons having special knowledge of
the matter under consideration as an assessor or valuer to advise him in the proceeding before
him.
(5) Any clerical or arithmetical mistake in any order passed by the Rent Court or any other error
arising out of any accidental omission may, at any time, be corrected by the Rent Court on an
application received by it in this behalf from any of the parties or otherwise.
(6) The Rent Court may exercise the powers of a Judicial Magistrate First Class for the recovery of
the fine under the provisions of the Code of Criminal Procedure, 1973 and the Rent Court shall be
deemed to be a Magistrate under the said code for the purposes of such recovery.
(7) An order made by a Rent Court or an order passed in appeal or review under this Chapter shall
be executable by the Rent Court as a decree of a civil Court and for this purpose, the Rent Court
shall have the powers of a civil Court.
(8) The Rent Court may set aside any order passed ex parte if the aggrieved party files an
application and satisfies it that notice was not duly served or that he was prevented by any
sufficient cause from appearing when the case was called for hearing.
(9) Save as otherwise expressly provided in this Act, every order made by the Rent Court shall,
subject to decision in appeal, be final and shall not be called in question in any original suit,
application or execution proceedings.
35. Appeal to the Rent Tribunal. - (1) From every final order passed by the Rent Court, an appeal
shall lie to the Rent Tribunal, within the local limits, of whose jurisdiction the premises is situated
and such an appeal shall be filed within a period of thirty days from the date of final order alongwith
copy of such final order (including means).
(2) The Rent Tribunal, upon filing an appeal under sub-section (1) shall serve notice, (including
electronic means) accompanied by copy of appeal to the respondent and fix a hearing not later
than 30 days from the date of service of notice of appeal on the respondent and the appeal shall
be disposed of within a period of one hundred and twenty days from the date of service of notice of
appeal on the respondent.
(3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper
decision, it may allow documents at any stage of the proceedings in appeal, however, this facility
would be available to the applicants only once during the hearing.
(4) The Rent Tribunal may in its discretion pass such interlocutory order during the pendency of the
appeal, as it may deem fit.
(5) (a) While deciding the appeal, the Rent Tribunal after recording reasons therefore confirm, set
aside or modify the order passed by a Rent Court;
(b) The decision of the Rent Tribunal shall be final and no further appeal or revision shall lie
against the order.
(6) On application of any of the parties and after notice to the parties and after hearing such of
them as have desired to be heard, or of its own motion without such notice, the Rent Tribunal may
at any stage transfer any case from one Rent Court to any other Rent Court for disposal
(7) Where any case has been transferred under sub-section (6), the Rent Court to whom the case
has been transferred subject to any special direction in the order of transfer, proceed from the
stage at which it was transferred.
36. Execution of the order. - (1) The Rent Court shall, on application of any party, execute in the
manner prescribed, a final order of any other order passed under this Act by adopting any one or
more of the following modes, namely :-
(a) delivery of possession of the premises to the person in whose favour the decision has been
made;
(b) attachment and sale of the movable or immovable property of the opposite party;
(c) attachment of any one or more bank accounts of the opposite party and satisfaction of the
amount of order to be paid from such account;
(d) appointing any advocate or any other competent person including officers of the Rent Court
or local administration or local body for the execution of the order.
(2) The Rent Court may take the help from the local Government or local body or the local police
for the execution of the final orders :
Provided that the help of police shall be obtained subject to payment of such costs by the litigants
as may be decided by the Rent Court.
(3) The Rent Court shall conduct the execution proceedings in relation to a final order or any other
order passed under this Act in summary manner and dispose of the application for execution made
under this section within 30 days from the date of service of notice on opposite party.

CHAPTER VII

Appointment of Rent Authorities, Their Powers, Functions and Appeals


37. Appointment of Rent Authority. - The District Collector shall, with the previous approval of
the State Government, appoint an officer, not below the rank of Deputy Collector to be the Rent
Authority for the area within his jurisdiction to which this Act applies.
38. Powers and Procedure of Rent Authority. - The Rent Authority shall have the same powers
as are vested in Rent Court under the Act, in any proceeding under Sections 4, 9,10, 14, 15 and 20
of the Act. The procedure as laid in Sections 33 and 36 of the Act shall be followed in disposal of
such applications.
39. Appeals. - (1) An appeal shall lie against the order of the Rent Authority made under this Act to
the Rent Court having territorial jurisdiction.
(2) An appeal under sub-section (1) shall be preferred within thirty days from the date of the order
made by the Rent Authority. Save as otherwise expressly provided in this Act, every order made by
the Rent Authority shall, subject to decision in appeal, be final and shall not be called in question in
any original suit, application or execution proceedings.

CHAPTER VIII

Miscellaneous
40. Jurisdiction of civil Courts barred in respect of certain matters. - (1) Save as otherwise
provided in this Act, no civil Court shall entertain any suit or proceeding insofar as it relates to the
provisions of this Act.
(2) The jurisdiction of the Rent Court shall be limited to tenancy agreement submitted to it as per
First Schedule and the question of title and ownership of premises shall not be entertained by it.
41. Court fees. - (1) The provisions of the Court-Fees Act, 1870 shall apply in respect of
applications or appeals to be presented before the Rent Authority or Rent Court or Rent Tribunal,
as the case may be.
(2) The applications for recovery of possession made to the Rent Court and the memorandum of
appeals presented before the Rent Tribunal shall be treated as suits between the landlord and the
tenant for the purposes of computation of Court fees.
(3) The Court fees on the application filed before the Rent Authority shall be same as of an
interlocutory application presented in a civil Court.
42. Members etc., to the public servants. - All members of Rent Authority, Rent Court and Rent
Tribunal appointed under this Act shall be deemed to be public servants within the meaning of
Section 21 of the Indian Penal Code, 1860.
43. Members etc., to function under the High Court. - The members of Rent Court and Rent
Tribunal shall function under the administrative and disciplinary control of the High Court.
44. Protection action taken in good faith. - No suit, prosecution or other legal proceeding shall
lie against any Rent Authority or Rent Court or Rent Tribunal in respect of anything which is in
good faith done or intended to be done in pursuance of this Act.
45. Power to make Rules. - (1) The State Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Every rule made by the State Government, under this Act shall be laid, as soon as may be after
it is made, before each House of State Legislature, while it is in session, for a total period of
fourteen days which may be comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the
rule should not be made, the rule, shall thereafter have effect only in such modified form or be of
no effect, as the case may be, so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
46. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by order, not inconsistent with the provisions of this Act, remove
the difficulty :
Provided that no such order shall be made after the expiry of a period of two years from the
commencement of this Act.
47. Repeal and savings. - (1) The Andhra Pradesh Buildings (Lease, Rent and Eviction) Control
Act, 1960 is hereby repealed.
(2) Notwithstanding such repeal and subject to the provisions of this Act all cases and other
proceedings under the said Act pending, at the commencement of this Act, shall be continued and
disposed of in accordance with the provisions of the said Act, as if the said Act had continued in
force and this Act had not been passed :
Provided that the plaintiff within a period of 180 days of coming into force of this Act shall be
entitled to withdraw any suit or appeal or any other proceeding pending under the repealed Act
with liberty to file fresh application in respect of the subject-matter of such suit or appeal or any
other proceeding under and in accordance with the provisions of this Act, and for the purposes of
limitation, such application if it is filed within a period of 270 days from the commencement of this
Act be deemed to have been filed on the date of filing of the suit which was withdrawn and in case
of withdrawal of appeal or other proceedings on the date on which the suit was filed out of which
such appeal or proceeding originated.
The First Schedule
(See Section 4)
Form of Tenancy Agreement
1. (a) Name and address of the landlord
(b) Email-id
(c) Bank account details
(d) Permanent account number allotted by income Tax department
(e) Aadhar number
(f) Property Tax Identification No.
2. Name and Address of the Property Manager (if any)
3. (a) Name(s) and Address of the Tenant
(b) Email-id
(c) Aadhar No.
(d) Bank account details
4. Description of previous tenancy, if any
5. Description of premises let to the tenant including appurtenant land, if any
6. Date from which possession if given to the tenant
7. Rent payable as in Section 8
8. Furniture and other equipment provided to the tenant Other charges
9. Payable
a. Electricity
b. Water
c. Extra furnishing, fittings and fixtures
10. Attach rent/lease agreement, if any
11. Duration of tenancy (Period for which let)
12. Revision of rent
Name and Signature of Landlord Name and Signature of Tenant
The Second Schedule
(See Section 15(1))
Division of Maintenance Responsibility Between the Landlord and the Tenants
As per Section 15, the landlord shall be responsible for repairs relating to matters falling under
Part-A and the tenant shall be responsible for matters falling under Part-B.
Part A
Responsibilities of the Landlord
1. Structural repairs except those necessitated by damage caused by the tenant.
2. White washing of walls and painting of doors and windows :
3. Changing and plumbing pipes when necessary.
4. Internal and external electrical wiring and related maintenance when necessary.
Part B
Periodic repairs to be got done by the tenant
1. Changing of tap washers and taps
2. Drain cleaning
3. Water closet repairs
4. Wash Basin repairs
5. Bath tub repairs
6. Geyser repairs
7. Circuit breaker repairs
8. Switches and socket repairs
9. Repairs and replacement of electrical equipment except major internal and external wiring
changes
10. Kitchen fixtures repairs
11. Replacement of knobs and locks of doors, cupboard, windows etc.
12. Replacement of flynets
13. Replacement of glass panels in windows, doors etc.
14. Maintenance of gardens and open spaces let out to or used by the tenant.

The Third Schedule


(See Section 22)
Special Category of Landlords
1. Persons allotted residential premises by their employers and asked to vacate the same due
to termination of service or change in rules or for any other reason.
2. Persons released or retired from Government service including Armed Force or Air Force or
Navy or Paramilitary Forces.
3. Widows, divorcees or single women.
4. Person with disabilities.
5. A person who is of the age of 60 years and above.
********************************************************

Andhra Pradesh (Andhra Area) Tenancy Rules, 1980


Published vide Notification Andhra Pradesh Gazette R.S. to Part 2, Extraordinary, dated 27-6-
1980.([Link]. No. 2792, Revenue (F) Department, dated 27-6-1980)
AP207

In exercise of the powers conferred by Section 19 of the Andhra Pradesh (Andhra Area) Tenancy
Act, 1956 (Act 18 of 1956) and in supersession of the Andhra Tenancy Rules, 1957, published at
page 13, Part I, Extraordinary, of the Andhra Pradesh Gazette, dated 23rd January, 1957, the
Governor of Andhra Pradesh hereby makes the following rules namely:
Rules
1. Short title and commencement:. - (1) These Rules may be called the Andhra Pradesh (Andhra
Area) Tenancy Rules, 1980.
(2) They shall come into force with effect on and from the 1st July, 1980.
2. Definitions:. - (1) In these rules unless the context otherwise requires:
(i) 'Act' means the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (Act 18 of 1956);
(ii) 'Form' means a form appended to these rules;
(iii) 'Schedule' means the schedule appended to these rules;
(iv) 'Section' means a section of the Act.
(2) Words used in these rules but not defined shall have the same meaning as is assigned to them
in the Act.
3. Application for adjudication of disputes:. - Every application for adjudication of disputes
under the provisions of the Act shall bear a court fee label of Rs. 2/- and shall be in Form-I and
shall in addition bear the appropriate court fee label or labels towards process fee as specified in
the Schedule.
(2) Every such application shall be accompanied by sufficient spare copy/copies for service on the
respondent(s).
4. Procedure for enquiry:. - (1) On receipt of an application under Rule 3, the Special Officer shall
fix the date on which and the place and time at which the enquiry, in respect of the application will
be held and shall issue notice thereof to the applicant or applicants and to the respondent or
respondents mentioned in the application:
Provided that no such notice need be issued to the applicant or applicants if the place, date and
time fixed for enquiry has been intimated to the applicant or applicants or to the agent employed by
him or them at the time of presentation of the application.
(2) The notice referred to in sub-rule (1) shall be served in Form II by delivering or tendering it to
the party or to his agent, or to any adult member of his family, or where none of the above course
is practicable by affixing it at his last known place of residence, or by sending it to his last known
place of residence by registered post-acknowledgement due and in the case of the respondent, it
shall be accompanied by a copy of the application.
(3) The respondent shall be entitled to file a counter to the application within a period of ten days
from the date of service of the notice referred to in sub-rule (5) or within such further times as the
Special Officer may for sufficient reasons allow.
(4) On the date fixed for the enquiry under sub-rule (1) or on such further date or dates to which
the inquiry may be adjourned, the Special Officer shall give a reasonable opportunity to the parties
to state their case and to adduce such evidence, both oral and documentary, as may be necessary
in support thereof, and shall thereupon pass such orders as he deems fit.
(5) In making an inquiry under the Act, the Special Officer shall have power:
(a) to summon witnesses and call for the production of documents;
(b) to examine parties and witnesses on oath and affirmation and reduce into writing the
statements made by the persons so examined;
(c) to enter upon and inspect any land and do any other act which in his opinion may be
necessary for carrying out the provisions of the Act and these Rules;
(6) Every order passed by the Special Officer shall be pronounced in open court:
(a) on the date to which the proceedings may have been adjourned or if that be not practicable;
(b) on the date in respect of which notice has been given to the parties.
(7) The order referred to in sub-rule (6) shall be in writing and shall be served on the party in
person, or on his agent or legal practitioner or shall he sent to him by registered post
acknowledgement due.
(8) The summons issued to a witness either to appear in person or to produce documents shall be
in Form-III.
5. Resumption:. - (1) The land holder requiring the land leased out to a cultivating tenant for his
personal cultivation under sub-section (2) of Section 12 shall file in Form IV an application to the
Special Officer in whose jurisdiction the land is situated.
(2) The application referred to in sub-rule (1) shall be accompanied by a certified extract from the
village records showing the location and extent of the entire holding held by the land-holder and
the cultivating tenant.
(3) The Special Officer shall, on receipt of an application under sub-rule (1), conduct an enquiry to
determine whether the land holder can resume the land for his personal cultivation.
(4) The Special Officer shall cause a copy of the application of the land holder referred to in sub-
rule (1) to be served on the cultivating tenant and shall call upon him to show cause within fifteen
days from the date of such service or within such further period as the Special Officer may allow
why the application should not be complied with.
(5) After the expiry of the period mentioned in sub-rule (4), the Special Officer shall under
intimation to the land holder and the cultivating tenant to fix the time, date and place for conducting
enquiries into the application for resumption.
(6) On the date so appointed or on any other date or dates to which the enquiry may be adjourned
by him, the Special Officer shall, after hearing the parties and the witnesses and after examining
the documents, if any, and after taking such further evidence as he may consider necessary, pass
such orders as he deems fit.
6. Restoration:. - (1) An application for restoration of possession of land under sub-section (3) of
Section 12 by the cultivating tenant shall be made to the special Officer in Form-V.
(2) On receipt of an application under sub-rule (1), the Special Officer shall send a copy of such
application to the land holder and shall call upon him to file in writing on or before the date
specified therein or within such further period as the Special Officer may allow for sufficient
reasons to be recorded in writing a statement showing the grounds, if any, as to why the
application for restoration of possession should not be complied with.
(3) The Special Officer shall on receipt of the statement presented under sub-rule (2), or if no
statement is presented within the period allowed he shall after the expiry of such period, issue
notices to both the parties intimating the time, date and place at which he proposes to enquire into
such an application. On the date so appointed or on any other date to which the enquiry may be
adjourned by him, the Special Officer shall after hearing the parties and their witnesses, if any,
present and after examining the documents, if any, filed by either party and after taking such
further evidence as he may consider necessary pass such orders as he deems fit.
7. Notice:. - (1) The notice required to be given by the land holder under sub-section (1) of Section
15 of the Act, to the cultivating tenant shall be in Form-VI.
(2) The cultivating tenant shall exercise his option to purchase the land within thirty days from the
date of receipt of such notice.
(3) When an application under sub-section (3) of Section 15 of the Act for determination of the
reasonable price of land is received by the Special Officer, he shall determine the reasonable price
of the land in the manner prescribed in the proviso to sub-section (3) of Section 15.
(4) The Special Officer shall fix the dates on which and the person to whom the reasonable price
determined in sub-rule (3) shall be paid in ten equal annual instalments by the cultivating tenant
under sub-section (4) of Section 15.
8. Appeal:. - (1) Every appeal under sub-section (2) of Section 19 shall be in writing and shall set
forth concisely the grounds thereof and shall be presented in person or by agent or be sent by
registered post to the District Judge or in his absence to the Head Ministerial Officer of his Office.
(2) Every such appeal shall bear a Court fee label of Rs. 3/- and shall, in addition bear also a Court
fee label or labels of the value calculated in accordance with the scale prescribed in the Schedule
towards the process fee for service of notice on the respondent or respondents and shall be
accompanied by an authenticated copy of the order of the Special Officer appealed against.
(3) Every such appeal shall also be accompanied by a spare copy or a sufficient number of spare
copies thereof for service on the respondent or respondents mentioned therein.
(4) In computing the period of thirty days specified in sub-section (2) of Section 16 the time taken
for obtaining a copy of the order of the Special Officer shall be excluded.
9. (1) On receipt of an appeal under Rule 8 the District Judge shall fix the date on which and the
time and the place at which, the appeal shall be heard and shall issue notice thereof to the
appellant or the appellants and to the respondent or the respondents mentioned in the appeal:
Provided that no such notice need be issued to the appellant if particulars of the place, date and
time fixed for the hearing of the appeal are intimated to the appellant or to his agent at the time of
presentation of the appeal.
(2) The notice referred to in sub-rule (1) shall be in Form VII and shall in the case of a notice to the
respondent be accompanied by a copy of the appeal.
(3) The notice referred to in sub-rule (1) shall be served in the same manner as the notice referred
to in sub-rule (2) of Rule 4.
(4) The respondent shall be entitled to file a counter to the appeal within a period of one month
from the date of service of the notice referred to in sub-rule (1) or within such further period as the
District Judge may for sufficient reasons allow.
(5) On the date fixed for the hearing of the appeal under sub-rule (1) or on any other date or dates
to which the hearing may be adjourned, the District Judge shall give a reasonable opportunity to
the parties to state their case and adduce their arguments and shall thereupon pass such orders
as he deems fit.
(6) Every order passed by the District Judge shall be pronounced in open court.
(a) on the date to which the proceedings may have been adjourned or if that be not practicable;
(b) on any date in respect of which notice has been given to the parties.
(7) The order referred to in sub-rule (6) shall be in writing and shall be served in the same manner
as the order referred to in sub-rule (6) of Rule 4.
(8) The District Judge may, pending disposal, of the appeal stay the orders of the Special Officer
appealed against.
10. Determination of Fair rent:. - (1) In determination of fair rent under Section 6, the Special
Officer shall have regard to the following factors besides those specified in Clauses (a) to (f) of
sub-section (2) of Section 6:
(a) the amount of special land tax, if any, payable by the landlord in respect of the land under
the Andhra Pradesh Irrigation Projects (Special Land Tax) Act, 1976 (Act No. 35 of 1976);
(b) the water cess, if any, payable by the landlord in respect of the land under the Andhra
Pradesh (Andhra Area) Irrigation Cess Act, 1865 (Act VII of 1865);
(c) the water cess, if any, payable by the landlord in respect of land under the Andhra Pradesh
(Andhra Area) Irrigation Works (Levy of Compulsory Water Cess) Act, 1955; (Act 24 of
1955);
(d) any other tax or cess levied under any other law for the time being in force in respect of the
land, or in respect of the crop grown thereon.
11. Rents:. - (1) The deposit of rents under Section 7 of the Act, shall be made in the following
manner:
(a) if the rent is payable in cash, it shall be deposited in the treasury:
(b) If the rent is payable in kind, the tenant shall give advance intimation of such deposit to the
Special Officer and shall deposit the rent with the headman of the village in which the land is
situate or such officer as may be specified by the Special Officer in this behalf. The tenant
shall thereupon be entitled to a receipt for the rent, so deposited.
(2) The receipt for the rent deposited, whether the rent be in cash or in kind shall be filed before the
Special Officer as soon as practicable after such deposit.
(3) The Village Headman or the officer specified by the Special Officer under sub-rule (1) with
whom the rent in kind has been deposited shall take all such steps as may be necessary for the
safe and proper custody of the produce so deposited and shall keep the Special Officer informed,
from time to time, of the condition of the produce. The Special Officer may, at any time, having
regard to the condition of the produce and the facilities available for its custody, order that the
produce be sold at the market rate prevailing in the locality and the proceeds of such sale shall
thereupon be deposited in treasury and the amount so deposited shall thereafter be deemed to be
rent deposited.
12. Notice to deposit balance of rent:. - (1) The Special Officer requiring a cultivating tenant to
deposit the balance of rent due under Section 7 shall issue a notice to him in Form VIII. Such
notice shall be served on the cultivating tenant or on his agent or shall be sent to him by registered
post acknowledgement due.
(2) On the deposit of such balance, the Special Officer shall pass an order for its payment to the
landlord.
13. Remission of rent:. - A copy of every application for remission of rent under Section 8 shall be
served on the landlord in person or by sending it to him by registered post acknowledgement due.
14. Period of lease:. - (1) Every lease under Section 10, shall besides the particulars specified in
the said section, contain particulars relating to the restrictions, if any, in regard to growing of any
crops on the holding.
The period of tenancy and the date of commencement thereof, and the date on or before which the
rent is payable:
Provided that nothing in this rule shall apply to a lease entered into before the publication of these
rules.
(2) Every cultivating tenant who makes payment on account of rent shall be entitled to obtain a
receipt for the amount paid, duly signed by the landlord or his authorised agent.
15. Notice by landlord:. - The Notice referred to in Section 12 shall be given to the Special Officer
and the cultivating tenant in person or sending it to them by registered post acknowledgement due.
16. Notice of termination of tenancy by cultivating tenant:. - The notice referred to in sub-
section (1) of Section 14 shall be given to the Special Officer and the landlord in person or sending
it to them by registered post acknowledgement due.
17. Execution of decision and order:. - Every decision or order of the Special Officer or the
District Judge under the Act, shall be executed by an officer authorised by the Special Officer or
the District Judge, as the case may be.
18. Nature of proceedings:. - (1) All proceedings before the Special Officer or the District Judge
under the Act shall be summary and shall be governed, as far as may be, by the provisions of the
Code of Civil Procedure, 1908.
(2) Any party shall, in any proceeding before the Special Officer or the District Judge, be entitled to
be represented by his agent or legal practitioner:
Provided that the Special Officer or the District Judge, as the case may be, may, at any stage of
the proceeding require the party to appear in person.
19. Adjudication:. - In any proceeding before the Special Officer or the District Judge, the Special
Officer or the District Judge, as the case may be, may:
(i) appoint a receiver for the management of the land in respect of which the application or
appeal, as the case may be, has been filed;
(ii) issue suitable injunction; and
(iii) issue order of attachment.
20. Court Fees:. - Every person applying for the issue of any process under the Act shall pay
process fees calculated in accordance with the scale prescribed in the Schedule and the fees shall
be payable in the form of Court fee labels affixed to the application for the issue of the process.
21. Mode of service:. - (1) In any proceeding before the Special Officer or the District Judge, the
Special Officer or the District Judge as the case may be, may:
(a) in cases where process has not been duly served or has not been served sufficiently in
advance owing to the default or the neglect of the party applying for the process, order fresh
process to be issued and order such party to pay the process fees within a specified time:
(b) at any stage at the proceedings, order for issue of any notice, or summons which in his
opinion is necessary and order either party to pay the process fees.
22. Levy of Additional Fees:. - Where the service of any process is likely to involve the incurring
of conveyance charges by the person serving the process, the Special Officer or the District Judge,
as the case may be, may in addition to the process fees prescribed in the Schedule, levy an
additional fee not exceeding the charges likely to be so incurred. The fee thus levied shall be paid
in the form of Court fee labels.
23. Payment of Travelling and Subsistence Allowance:. - (1) Every person summoned under
the Act to give evidence shall, upon attendance be entitled to travelling and subsistence
allowances as hereinafter provided.
(2) The travelling allowance payable shall be the minimum fare for the to and from journeys by a
convenient public conveyance.
(3) The subsistence allowances shall be such as may be determined by the Officer issuing the
summons, being not more than Rs. 5/- for every day, on which the attendance of the person is
required.
24. Deposit of T.A. :. - The party at whose instance the summons is to be issued, shall deposit in
advance with the Special Officer or the District Judge, as the case may be, an amount equal to the
travelling and subsistence allowances, payable under Rule 23 and no summons shall be issued
until the amount has been so deposited.
Schedule
[See Rule 8(1) and 8(2)]
Rates of process fee
Nature of process Amount
payable
Rs. Ps.
1. Summons for each defendant, respondent or
(a) 1
witness served by an officer of the Court
(b) On every additional defendant-respondent or 0-50
witness residing in the village, if process is applied
for at the same time.
(c) Every other process including process for 1
delivery of possession
FORM - I
Application for adjudication of disputes under the provisions of the Andhra Pradesh
(Andhra Area) Tenancy Act, 1956
[See Rule 3(a)(1)]
1. Names and addresses of the parties to the :
dispute
2. Location :
3. Description and the extent of the holding in :
respect of the disputed land
4. The period of tenancy and the date of its :
commencement
5. The agreed rent payable :
6. Relief prayed for and the grounds adduced in :
support thereof.
Signature of the Applicant
Form - II
Notice
[See Rule 4(2)]
To
..............
..............
Whereas an application has been filed under sub-section (1) of Section 16 of the Andhra Pradesh
(Andhra Area) Tenancy Act, 1956 (Act XVIII of 1956) as amended for the adjudication of dispute,
and whereas you are mentioned as a party to the dispute.
Take notice that it is proposed to hold an inquiry into the said dispute.....(place)
on....date....at....(time) and that you may appear at the said inquiry and give such evidence as may
be necessary in support of your case, failing which the inquiry will be held and the dispute decided
ex parte.
A copy of the application is enclosed. You may file a counter within a period of ten days from the
date of this notice.
(to be scored out wherever unnecessary)
Special Officer.

Form - III
Form of Summons
[See Rule 4(8)]
In the Office of the District Judge or Special Officer
No............
At...........
Between
Applicant/Appellant and
Respondents
1. ..............
2. ..............
To
.................
Whereas your attendance is required to give evidence to produce the following documents on
behalf of the...........in the above application/appeal, you are hereby required to appear in person
before this office on the.....day.....of.....200....O'clock at....(place of enquiry) has to be noted and to
bring with you the said documents......(particulars of the documents)..........Given under my hand
and the seal of the office of the District Judge/Special Officer...........this..........day of..........
District Judge/Special Officer.
Note:. - If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with
the summons if you cause such document to be produced in this office on the day and hour aforesaid. If the document you are
summoned to produce is an entry in a letter, book or a shop book or other account in current use and you are desirous of
receiving back the document, you may furnish along with the document a copy of the entry.
Form - IV
Application for Resumption of Land
[See Rule 5(1)]
1. Applicant's name and address
2. Particulars of the total holding held by the
applicants
Name of the village S. No. Extent Wet or Dry
3. Area under personal cultivation Wet Ac
Dry Ac
4. Area leased out to a tenant Wet Ac
Dry Ac
5. Particular of land to be resumed
Village S. No. Extent Wet or Dry
6. Particulars of land which will be left with the cultivating
tenant
7. Name and address of the Cultivating tenant
Signature of the Applicant
Form - V
Application for Restoration of Possession
[See Rule 6(1)]
To
The Special Officer
....................
1. Name of the applicant
2. Father's Name
3. Village
Sir,
I was a cultivating tenant entitled to restoration of possession of the agricultural land noted below.
Sl. No. Name of the Extent Assessment
pattadar
(1) (2) (3) (4)
I have been a cultivating tenant in respect of the lands noted above from the year....to....and the
person named below was the land holder who resumed possession of the land under Section 12 of
the Act for personal cultivation but failed to cultivate the land as prescribed in sub-section (3) of
Section 12.
1. Name of the land-holder
2. Father's name
My witnesses are :
Name Father's name Address
1.
2.
3.
I file herewith the following documents on my behalf, I request that an enquiry may be held and
orders passed to restore the possession of the land to me.
Your's faithfully
(Signature)
Form - VI
Notice to be given by the Land-holder under Section 15(1) of the Andhra Pradesh (Andhra
Area) Tenancy Act, 1956
[See Rule 7(1)]
Date............
To
Sri.............
Whereas I..........being the landlord owning the lands, details of which are given below intend to sell
the land leased to you, being the cultivating tenant. I hereby give you notice as required under
Section 15(1) of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956, to exercise your option to
purchase the said land. Your option in this regard should reach me within thirty days from the date
of receipt of this notice.
Details
(1) Village in which land is situated
(2) Details of the land held by the cultivating tenant
(a) Survey Number :
(b) Name of the field, if any :
(c) Extent :
(d) Assessment :
Signature of the Landlord
Form - VII
Notice
[See Rule 9(2)]
To...........
.............
Whereas an appeal has been filed under sub-section (2) of Section 16 of the Andhra Pradesh
(Andhra Area) Tenancy Act, 1956 (Act XVIII of 1956) against the order of the Special Officer
in.......dated.......and whereas you are mentioned as a party to the said appeal.
Take notice that it is proposed to hear the appeal at.....(Place) on ......date)...... at......(time) and
that you may appear at the said hearing, failing which the appeal will be heard and decided ex
parte.
A copy of the appeal is enclosed. You may file a counter within a period of one month from the
date of service of this notice.
District Judge.

Form - VIII
Notice
[See Rule 12(1)]
Whereas on an application filed under Section 6 of the Andhra Pradesh (Andhra Area) Tenancy
Act, 1956 (Act XVIII of 1956) as amended by Andhra Pradesh (Andhra Area) Tenancy Act, 1974
(Act 39 of 1974) for the determination of fair rent, the fair rent has been determined as Rs. .......and
you have under Section 7 of the aforesaid Act deposited rent equal to........and whereas
consequently a balance of Rs. ........is due from you, you are hereby required to deposit the said
balance within a period of fifteen days from the date of receipt of this notice:
Special Officer
Bare Acts Live

Kadiyala Paidamma case-2003

Common questions

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A tenant may claim a reduction in rent if there has been a decrease, diminution, or deterioration of accommodation or housing services in the premises after the rent has been agreed or fixed. The tenant must approach the Rent Authority to resolve the conflict .

If a tenant fails to show cause within the given timeframe against the landlord's application for land resumption, the Special Officer will schedule an enquiry. The officer will hear both parties, examine evidence, and then make a determination based on the findings from the enquiry .

A landlord may increase the rent if, after the tenancy has commenced, improvements, additions, or structural alterations (excluding necessary repairs) are made with the tenant's agreement. The increase in rent should be agreed upon before the commencement of the work and comes into effect one month after the completion of the work .

Upon receiving a notice from the landlord in Form VI, a tenant has thirty days to exercise the option to purchase the land. If an application is made to determine the reasonable price, the Special Officer will determine this price and specify payment terms .

To appoint a Presiding Officer of the Rent Court, the candidate must be a member of the State Higher Judicial Service. Appointments are made by the State Government in consultation with the High Court, ensuring that appropriate legal expertise and jurisdictional authority are adhered to .

The tenant must file a written appeal with the District Judge, which sets forth the grounds concisely, attaches the court fee, and includes a copy of the Special Officer's order. The appeal must be filed within the time limit specified and proceedings for obtaining a copy of the order are excluded from this timeline. The District Judge then sets a hearing date and issues notifications .

To repossess a property due to unpaid rent, the landlord must file an application with the Rent Court. The tenant must have failed to pay arrears in full, including interest, for a continuous period of two months. The tenant is given one week from the date of a notice of demand to pay the outstanding rent before eviction proceedings can proceed. If the tenant deposits the arrears within this period, eviction cannot be ordered, although this relief is not available for consecutive defaults .

Notices for enquires are served using a specified form, delivering it directly to the party, their agent, or an adult family member, or by affixing it at their residence if other methods fail. Notices can also be sent by registered post with acknowledgment due, ensuring all parties are adequately informed .

The Rent Court can issue interim orders to restore essential services when they are unlawfully cut off or withheld, pending a full inquiry. It conducts a quick inquiry within one month of receiving a complaint and may also impose penalties on responsible parties and order compensation if the complaint is found frivolous or vexatious .

The Rent Authority allows that a tenant cannot sublet or assign the premises, either wholly or partially, for a rent higher than what is charged by the landlord. Any such subletting above the landlord's charged rent is prohibited .

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