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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, K.K.RAMAKRISHNAN
Hemalatha – Appellant
Versus
Jeevanantham – Respondent
COMMON ORDER :
K.K. RAMAKRISHNAN, J.
The batch of Civil Revision Petitions have been posted before the Division Bench to resolve the conflict between two Single Bench decisions of this Court regarding the requirement of a registered tenancy agreement under Section 4 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017.
2. The learned Single Judge, noticing the divergence of views between two learned Judges on the necessity of a registered tenancy agreement for invoking the jurisdiction of the Rent Authority, Rent Court and Rent Tribunal constituted under the said Act, has made the present reference.
2.1. Sentinel question of this reference is that'' Is the registered tenancy agreement a rigid “gate pass” without which the doors of justice under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 remain shut?
2.2. It is necessary to have a bird’s-eye view of the background history of the Law governing landlord-tenant in respect of buildings in general, and a quick look at the broad scheme and language of the relevant statutory provisions of past and present.
3. Legislative History of Rent Act, Historically,
A registered tenancy agreement is a mandatory prerequisite to invoke the jurisdiction of specialized rent authorities under the relevant tenancy statute; failure to obtain registration precludes acce....
The legislative framework of rental laws must adapt to socio-economic changes while maintaining fundamental tenant rights to mitigate unbalanced power dynamics between landlords and tenants.
An unmarked and insufficiently stamped tenancy agreement is inadmissible, failing to create a valid lease under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act.
The main legal point established in the judgment is that non-registration of a rent agreement does not make it void or inadmissible in evidence under the Punjab Rent Act, 1995.
The rent authority can adjudicate landlord applications even without a written tenancy agreement, emphasizing legislative intent to protect landlord rights and limiting jurisdictional constraints.
Written tenancy agreements are mandatory under the Act; failure to execute justifies eviction.
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