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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
M. Gagan Bothra S/o.Late Shri S.Mukanchand Bothra – Appellant
Versus
Balamanian – Respondent
| Table of Content |
|---|
| 1. tenancy agreement validity contested. (Para 4 , 5 , 6) |
| 2. defense arguments on lease agreement. (Para 8 , 10 , 11) |
| 3. court's evaluation of procedural compliance. (Para 12 , 19 , 20) |
| 4. evidentiary weight of documents. (Para 21 , 22 , 23) |
| 5. confirmation of eviction orders. (Para 24) |
ORDER :
A.D. MARIA CLETE, J.
1. Heard.
2. This Civil Revision Petition is filed against the judgment and decree of the learned XX Additional Judge, City Civil Court, Chennai, in R.L.T.A. No. 105 of 2024 dated 09.04.2025, confirming the judgment and decree of the XII Small Causes Court, Chennai, in R.L.T.O.P. No. 345 of 2019 dated 30.04.2024.
3. For convenience, the parties are referred to as per their rank in the original petition.
4. The petitioner/landlady sought repossession of the tenanted premises under Section 4 (2) read with Section 21 (2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter referred as “TNRRLT Act”). The jural relationship of landlady and tenants is admitted. It is also admitted that the tenancy commenced prior to the enactment of the present TNRRLT Act.
5. The petitioner/landlady contended that no tenancy agreem
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.
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.
Tenancy agreements must be registered under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act to uphold validity in eviction proceedings, irrespective of claims to....
The main legal point established in the judgment is the interpretation of the nature of the document, the requirement for registration and stamp duty, and the duty of the Court to ensure compliance w....
The presence of a valid written tenancy agreement is essential to prevent eviction under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act; mere intent to create a....
Unregistered lease agreements cannot create tenancy rights exceeding one year under the Transfer of Property Act, leading to a month-to-month tenancy requiring valid notice for termination.
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