Form L, Appeal to Appellate Tribunal
The Real Estate Appellate Tribunal provides Form L for appeals under section 44 of the Act, and the form is identified as being under rule 29(2). It requires the appellant to present the case, requested relief, filing details, fee demand draft particulars and supporting documents in a prescribed format.
What Form L covers
Form L is used to file an appeal before the Real Estate Appellate Tribunal against a specific order of the regulatory authority or an adjudicating officer. It records the appellant, respondents, grounds of appeal, requested relief and supporting documents.
The appellant must declare that the subject matter falls within the jurisdiction of the Real Estate Appellate Tribunal. The form also requires a declaration that the dispute is not pending before a court, another authority or another tribunal.
Who may need it
Form L affects a person filing an appeal under section 44 of the Act. The appellant must provide:
- The appellant's name, office or residential address, and address for service of notices.
- Each respondent's name, office address and address for service of notices.
- A concise statement of the facts and grounds for challenging the relevant order.
- The relief sought and the grounds and legal provisions relied upon, if any.
- Details of any interim order requested while the appeal is pending, including reasons.
Filing and language requirements
Every appeal must be filed in English. An appeal prepared in another Indian language must include an English translation.
The appeal must be fairly and legibly typewritten, lithographed or printed in double spacing on one side of standard petition paper. It must have an inner margin of about four centimetres at the top, a right margin of 2.5 centimetres and a left margin of 5 centimetres. The papers must be paginated, indexed and stitched together in paper book form.
Time, fee and supporting records
Form L requires the appellant to state that the appeal is within the limitation specified in sub-section (2) of section 44. If filed after that period, the appellant must explain the reasons for delay.
The filing must include:
- An attested true copy of the order being appealed.
- Copies of documents relied upon and referred to in the appeal.
- An index of the documents.
- The amount, bank name and number of the demand draft used for the fee under sub-rule (1) of rule 29.
The appellant must verify that paragraphs 1 to 10 are true to personal knowledge and belief and that no material facts have been suppressed. The verification must include the place, date and appellant's signature.
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Common questions
Can I file an appeal in Tamil without an English version?
An appeal in another Indian language must be accompanied by a copy translated into English.
What if I file the appeal after the limitation period?
Form L requires you to specify the reasons for the delay if the appeal is filed after the limitation period in sub-section (2) of section 44.
What documents must I attach to Form L?
You must attach an attested true copy of the challenged order, copies of documents relied upon and referred to in the appeal, and an index of the documents.
Can I ask for temporary relief while the appeal is pending?
Yes. Form L allows you to request an interim order, but you must describe the order sought and give reasons.
