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N. SATHISH KUMAR
Habeeb Hardware Represented by its Partner SA Farook – Appellant
Versus
M. D. Gajarajakumar – Respondent
ORDER :
N. Sathish Kumar, J.
PRAYER : Petitions filed under Article 227 of the Constitution of India, to set aside the judgment and decree dated 24.07.2024 made in RLTA.Nos.48 and 49 of 2024 by the III Additional Judge, City Civil Court, Chennai by confirming the order and decree dated 06.01.204 passing in RLTOP.Nos.480 & 479 of 2023 by the learned XV Judge, Small Causes Court, Chennai.
Challenging the concurrent findings of the Rent Controller as well as the appellate authority confirming the order of eviction under Section 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, the present revisions have been filed.
2. Since the petitioners are the tenants under the respondent/landlord and the impugned orders have been passed against the revision petitioners, these revisions are heard together and disposed of by way of this common order.
3. Brief background of filing these revisions are as follows:
3.a. The landlord/respondent herein had filed an application for eviction of the petitioner/tenant under Section 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 ("New Act" hereinafter) fo
The absence of a written tenancy agreement under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 justifies eviction, regardless of the tenant's claims of r....
The requirement of a written tenancy agreement under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 is mandatory for avoid automatic eviction rights for l....
Written tenancy agreements are mandatory under the Act; failure to execute justifies eviction.
The absence of a written tenancy agreement under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 justifies eviction, and dilatory tactics by the Tenant are....
Parties must execute a written agreement under the Act to regulate rent; failure to do so allows for eviction, regardless of prior tenancy arrangements.
Section 21(2)(a) of the Tamil Nadu Act 42 of 2017 allows landlords to seek eviction regardless of their fault in not entering a tenancy agreement, and cross-examination rights are discretionary.
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.
Absence of written rent agreement justifies eviction under Section 21(2)(a); new pleas barred in appeal/revision.
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