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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
Babitha Devi – Appellant
Versus
Rajendra Kumar – Respondent
| Table of Content |
|---|
| 1. background of eviction proceedings. (Para 1 , 2) |
| 2. petitioner's arguments on tenancy agreement. (Para 3 , 4) |
| 3. respondent's counterarguments on eviction. (Para 5) |
| 4. interpretation and implications of the new act. (Para 6) |
| 5. court analysis on the application of the new act. (Para 7 , 8 , 10 , 11 , 12) |
| 6. final judgment on the eviction order. (Para 13) |
ORDER :
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 revision has been filed.
2. Brief background of filing this revision is as follows :
2.a. It is the case of the petitioner that he is a tenant under the respondents' father initially and later under the respondents. The petitioner is running a commercial establishment in the rented premises. Initially, the respondents' father Vasanthraj Khatod executed a Lease Deed in the year 1986 and thereafter in the year 2004, a fresh rental agreement entered after the demise of Vasanthraj Khatod, wherein the rent and security deposit were increased. From November 2010, t
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....
Parties must execute a written agreement under the Act to regulate rent; failure to do so allows for eviction, regardless of prior tenancy arrangements.
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 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....
Written tenancy agreements are mandatory under the Act; failure to execute justifies eviction.
The grace period for tenancy agreements under the Tamil Nadu Act does not apply if the landlord's offer is refused by the tenant, and the High Court retains jurisdiction under Article 227 despite sta....
Creation of tenancy – Oral lease is possible and an unregistered lease deed can be received in evidence under certain circumstances to prove character of possession.
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