311215-1941-Supplementary-Draft-Bills--Rents — Page 3

Penalty.

Power of Summary Court to determine questions

in relation to rent.

Assessor to issue certificate

of fair rent.

Schedule.

Restriction on the

right of possession,

932

(5) Every person who contravenes the provisions of this section shall upon summary conviction be liable to a fine not exceeding $500; Provided that no proceedings shall be taken under this sub-section in respect of anything done between the first day of July, 1941, and the coming into force of this Ordinance.

5.-(1) Any landlord, notwithstanding anything contain- ed in the Supreme Court (Summary Jurisdiction) Ordinance, 1873, may apply to the court in its summary jurisdiction for an order increasing the rent or fixing the rent of any premises.

(2) Any tenant of a dwelling house, notwithstanding anything contained in the Supreme Court (Summary Juris- diction) Ordinance, 1873, who considers that his rent is excessive may apply to the court in its summary jurisdiction for an order fixing the rent of such dwelling house :

Provided that the application of this section to any house or part of a house shall not be excluded by reason only that part of such dwelling house is used as a shop or office or for business, trade or professional purposes.

(3) When an application is made to the court under this section, the court may make such order fixing a fair and reasonable rent or may refuse to make an order or may make an order authorizing the receipt or recovery of the whole or any part of the increased rent or any order fixing the amount by which the rent may be increased but shall not allow any increase or anticipated increase in respect of any property tax imposed by the War Revenue Ordinance, 1941.

(4) Where an order has been made by the court under this section the order shall be binding on all present and subsequent landlords and tenants.

(5) The decision of the court on any question arising under this section shall be final and conclusive. The court shall have full powers of rehearing, reconsideration and revision in any case in which it thinks fit to exercise such powers and at any time.

6. (1) In connexion with any application made to the court under section 5 the landlord or tenant shall apply to the Assessor for a certificate under his hand stating what, in his opinion, is the fair and reasonable rent of such premises, after taking into account that any property tax imposed by the War Revenue Ordinance, 1941, shall be borne by the

owner,

(2) Any such application shall be made to the Assessor on payment of the fee provided in the Schedule, or such other sum as the Governor in Council may prescribe as a fee for such certificate, and such certificate shall be com- pleted by the Assessor and returned to the applicant or his representative within 21 days.

(3) In relation to any proceeding under section 5 a certificate of the Assessor given under this section shall be primâ facie evidence of what is a fair and reasonable rent.

7-(1) Notwithstanding any notice to quit, whether given before or after the commencement of this Ordinance and notwithstanding the terms of any agreement whatever