MADRAS CITY TENANTS PROTECTION ACT, 1921
(1) This Act may be called the Madras City Tenants' Protection Act, 1921.
Substituted by Tamil Nadu Act 11 of 1980 [ " (2) (a) It extends to, -
(i) the City of Madras;
(ii) the townships of Kodaukanal, Avadi, Kathiwakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam and Mettur.
(b) The State Government may, by notification in the Tamil Nadu Government Gazette, extend this Act with effect from such date as may be specified in the notification to.-
(i) any other municipal town;
(ii) any other township; or
(iii) any specified village within eight kilometers of the City of Madras, or of the townships referred to in su
In this Act unless there is anything repugnant in the subject or context.-
Substituted by Tamil Nadu Act 16 of 1964 [ (1) 'Building' means any building, hut or other structure, whether of masonry, bricks, wood, mud or metal or any other material whatsoever used -
(i) for residential or non-residential purposes in the City of Madras, in the municipal towns of Coimbatore, Madurai, Salem and Tiruchirappalli, Substituted by Tamil Nadu Act 11 of 1980. ["in the townships of Kodaikanal, Avadi, Kathiwakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam and Mettur, or in such other municipal town or township as the Government may, by notification, specify and in any village within eight kilometers of the City of Madras or of the municipal towns or township aforesaid;"]
(ii) for residential purposes o
Every tenant shall on ejectment be entitled to be paid as compensation the value of any building, which may have been erected by him, by any of his predecessors in interest, or by any person not in occupation at the time of the ejectment who derived title from either of them, and for which compensation has not already been paid. A tenant who is entitled to compensation for the value of any building shall also be paid the value of trees which may have been planted by him on the and. These words were added by Section 3 (a) of Tamil Nadu Act VI of 1926 [ and of any improvements which may have been made by him ].
(1) In a suit for ejectment against a tenant in which the landlord succeeds, the court shall ascertain the amount of compensation, if any, payable under section 3 and the decree in the suit shall declare the amount so found due an direct that, on payment by the landlord into court, within three months from the date of the decree, of the amount so found due, the tenant shall put the landlord into possession of the land with the building and trees thereon.
(2) In an application under Section 41 of the Presidency Small Causes Courts Act, 1882, (Central Act XV of 1882) in which the landlord succeeds, the court shall ascertain the amount of compensation payable under Section 3 and shall pass an interim order declaring the amount so found due and stating that, on payment by the landlord into court within three months of the date of the said interim order of the amount so found due, the l
(1) The compensation awardable under section 4 shall be the value of the building and trees Inserted by Section 3 (b) of the Madras City Tenants' Protection (Amendment) Act, 1926 (Tamil Nadu Act VI of 1926) [and of any improvements which may have been made by the tenant] on the date of the decree or interim order, as the case may be.
(2) In determining such value, the court may take into consideration the estimated cost of erecting a similar building, the amount to be allowed for depreciation and the amount spent on repairs.
(3) If, on account of any cause for which the tenant is responsible, the building , for which compensation has been adjudged under section 4, is destroyed or has deteriorated in value between the date of the decree or interim order and the ejectment, the court may, on application by the landlord, pass an order direct
(1) If after a decree or interim order is passed under section 4, the landlord is unable or unwilling to pay the compensation ordered, he may, within three months from the date of the decree of interim order, apply to the court to fix a reasonable rent for the occupation of the land by the tenant and thereupon the court shall by its order fix such rent as it deems reasonable:
Provided that the rent previously payable for the land shall not be enhanced by more than Substituted by Madras Act XIII of 1960 [twenty -five paise] in the rupee.
(2) On the passing of an order under sub-section (1) the decree or interim order passed under section 4 shall be deemed to have been vacated.
Any landlord may apply by a petition to the court having jurisdiction to entertain a suit for ejectment Substituted by Section 4 of the Tamil Nadu Act XIX of 1955 [ or, in the City of Madras, either to such Court or to the Presidency Small Cause Court ] to fix a reasonable rent for the occupation of the land by the tenant and thereupon the court shall by its order fix such rent as it deems reasonable;
Provided that the rent previously payable for the land shall not be enhanced by more than [twenty five paise] on the rupee.
An order passed by a Court Clause (a) of sub-section was renumbered as item 1 of that clause and after ---- item renumbered item (ii) inserted by Tamil Nadu Act XXIV of 1973. [under Section 6, Section 7 or Section 7-A] [shall, subject to the provisions of Section 9-A, have effect as a decree in a suit and for a period of five years the rent so fixed shall not be revised nor shall the tenant be liable to be evicted for the said period.]
(1) (a) Clause (a) of sub-section was renumbered as item 1 of that clause and after ---- item renumbered item (ii) inserted by Tamil Nadu Act XXIV of 1973.[(i) Any tenant who is entitled to compensation under Section 3 and against whom a suit in ejectment has been instituted or proceeding under Section 41 of the Presidency Small Cause Courts Act, 1882 taken by the landlord may Substituted by Tamil Nadu Act 11 of 1980 [Within one month of the date of the publication of Madras City Tenants Protection (Amendment) Act, 1979, in the Tamil Nadu Government Gazetted or of the date with effect from which this Act is extended to the municipal town, township or village in which the land is situated [ or within Substituted by Madras Act VI of 1926. [one month] after the service on him of summons. Apply to the Court for an order that the landlord shall be directed Substituted by Madras Act XIII of 1960 [to sell for a price to be fixed by
Section 9-A was renumbered as sub-section (1) of 9-A and sub-section (2) was added by the Madras City Tenants Protection (Amendment) Act, 1965 ( Tamil Nadu Act 37 of 1965) [(1) An appeal shall lie from an order passed by the Court under section 6, section 7, section 7-A or section 9 to the Court to which an appeal would lie from any decree passed by the former Court and the decision in such appeal shall be final:
Provided that from an order passed -
(i) by the Chief Judge of the Presidency Small Cause Court, an appeal shall lie to the High Court, and
(ii) by any other Judge of the Presidency Small Cause Court, an appeal shall lie to the Chief Judge.
(2) Subject in other respects to the provisions of the Limitation Act, 1963 (Central Act 36 of 196
These words and figures were substituted for the words and figures "sections 4,5,6 and 8 " by Section 8 of Madras Act VI of 1926. [ Sections 4,5,6, 8 and 9 ] shall apply to suits in ejectment and applications under section 41 of the Presidency Small Cause Courts Act, 1882, which are pending or in which decree for ejectment or orders under section 43 of the Presidency Small Cause Courts Act, 1882 have been passed. Substituted by section 7 of the Madras a city Tenants ' Protection (Amendment) Act, 1955 (Tamil Badu XIX of 1955) [but have not been executed in the area in which this Act is in force on the date of Publication of the Madras City Tenants Protection (Amendment) Act, 1979 in the Tamil Nadu Government Gazette, before the said date, and any other area, before the date with effect from which this Act is extended to such Area]
(2) In suits in which decrees for ejectment have bee
No suits in ejectment or applications under section 41 of the Presidency Small Cause Courts Act, 1882, shall be instituted or presented against a tenant until the expiration of three months next after notice in writing has been given to him requiring him to surrender possession of the land and building, and offering to pay compensation for the building and trees, if any, and stating the amount thereof.
Substituted for the original paragraph by section 8 of Tamil Nadu Act XIX of 1955 [ A copy of such notice shall at the same time be sent, in the case of property situated in the City of Madras, to the Commissioner of the Corporation of Madras, or, in the case of property situated in any [ Municipal town, Added by Tamil Nadu Act 11 of 1980 [ township ] or village ] to which this Act is extended, to the executive authority of the Municipality, or Added by Tamil Nadu Act 11 of 1980 [tow
Nothing in any contract made by a tenant shall take away or limit his rights under this Act Omitted by Tamil Nadu Act 11 of 1970.
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