Bare ActsThe Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947

Section 29

Amendment status not verified — confirm the current text below against the official source.

(1) Notwithstanding anything contained in any law, an appeal shall lie- 142[(a) in the City of Ahmedabad, from a decree or order made by the Court of Small Causes, Ahmedabad, exercising jurisdiction under section 28 to a bench of two judges of the said court which shall not include the judge who made such decree or order;] (b) 143[elsewhere from a decree] or order made by 144[a Judge of the Court of Small Causes established under the Provincial Small Cause Courts Act, 1887, 145[or by the Court of the Civil Judge deemed to be the Court of Small Causes under clause (c)of sub-section (2) of section 28] or by] a Civil Judge exercising such jurisdiction, to the District Court: 146[Provided that no such appeal shall lie from— (I) a decree or order made in any suit or proceeding in respect of which no appeal lies under the Code of Civil Procedure, 1908; IX of 1887. IX of 1887. Appeal. IX of 1887. V of 1908. Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 31 of 45 (II) a decree or order made in any suit or proceeding (other than a suit or proceeding relating to possession) in which the plaintiff seeks to recover rent and the amount or value of the subject matter of which does not exceed- 147[ * * * * * 148[(i) where such suit or proceeding is instituted in the City of Ahmedabad, two thousand rupees, and] (ii) 149 * * * 150[where such suit or proceeding is instituted elsewhere the amount upto] which the Judge or Court specified in clause (b) is invested with jurisdiction of a Court of Small Causes, under any law for the time being in force; (iii) an order made upon an application for fixing the standard rent or for determining the permitted increases in respect of any premises except in a suit or proceeeding in which an appeal lies; (iv) an order made upon an application by a tenant for a direction to restore any essential supply or service in respect of the premises let to him.] 151[(1A) Every appeal under sub-section (1) shall be made within thirty days from the date of the decree or order, as the case may be : Provided that in computing the period of limitation prescribed by this sub-section the provisions contained in sections 4, 5 and 12 of the Indian Limitation Act, 1908 * shall, so far as may be, apply.] 152[(2) No further appeal shall lie against any decision in appeal under sub- section (1) but the High Court may, for the purpose of satisfying itself that any such decision in appeal was according to law, call for the case in which such decision was taken and pass such order with respect thereto as it thinks fit.] 153[(3) Where no appeal lies under this section from a decree or order in any suit or proceeding 154[* * * *] 155[in the City of Ahmedabad the bench of two judges, specified in clause (a) of sub-section (1) and elsewhere] the District Court, may for the purpose of satisfying itself that the decree or order made was according to law, call for the case in which such decree or order was made and pass such order with respect thereto as it thinks fit.] 156[29A. Nothing contained in section 28 or 29 shall be deemed to bar a party to a suit, proceeding or appeal mentioned therein in which a question of title to premises arises and is determined, from suing in a competent court to establish his title to such premises.]

Section 29 – The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 | DailyLaw.ai