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S. M. SUBRAMANIAM
R. Jayalakshmi – Appellant
Versus
S. Kumaresan – Respondent
ORDER :
[Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order of the Principal District Munsif, Erode dated 23.08.2022, returning the unnumbered RLTOP bearing CFR.No.2798 of 2022 (F.No.346 of 2022).]
1. The Civil Revision Petition is filed to set aside the order passed by the Principal District Munsif, Erode dated 23.08.2022, returning the unnumbered R.L.T.O.P bearing C.F.R.No.2798 of 2022 (F.No.346 of 2022).
2. The revision petitioner is the landlord, who instituted eviction proceedings under Section 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, on the ground that no agreement exists between the landlord and tenant. Thus, the respondent/tenant is liable to be evicted.
3. The Rent Court returned the petition on the ground that the revision petitioner/landlord had permitted the respondent to occupy the premises owned by revision petitioner/landlord, after the enforcement of Tamil Nadu Act, 42 of 2017 and thus, the tenancy agreement in writing is mandatory under Section 4 of the Act, which is admittedly not available in the petition.
4. The learned Senior Counsel appear
The central legal point established is that the failure to enter into a written tenancy agreement as mandated by the TNRRRLT Act can lead to the landlord's entitlement to seek eviction.
Written tenancy agreements are mandatory under the Act; failure to execute justifies eviction.
The absence of a tenancy agreement between landlord and tenant rendered the eviction proceedings valid under the TNRRRLT Act.
The interpretation of Section 21(2)(a) mandates that courts focus only on the existence of a tenancy agreement, not the reasons for its failure, to uphold the summary eviction process under the Act.
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