Eviction petition can be entertained Under old act until publication of new act.
Citation
B. Venkatesh Versus Nagarajan & Others
Head Note
The Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 - Tamilnadu Buildings (Lease and Rent Control) Act - Section 10(2)(i), Section 10(3)(a)(iii) - Constitution of India - Article 227 – Enactment - Petitioner/Landlord challenged order of Rent Controller/District Munsif, returning Rent Control Original Petitions on ground saying that in view of enactment of new Rent Control Act namely Act, 2017 came in to force on prescribed date, Rent Control Tribunal has no jurisdiction to try cases –
Court held - RETURN made by Rent Controller, was not sustainable - Rent Controller was supposed to know present legal position with regard to enactment of new Rent Control Act or otherwise, Rent Controller ought to have clarified present position from Government Pleader attached with District Court - return made by Rent Controller, vide docket order was liable to be set-aside, accordingly set aside - Rent Controller/District Munsif Court, was directed to number above four R.C.O.Ps filed by revision Petitioner and to proceed with same further in accordance with law - Civil Revision Petitions allowed.
Paras:10,11
Comparative Citations:
2018 (3) LW 1005, 2018 (2) MWN(Civil) 770, 2018 AirCC 2460,
Court held - RETURN made by Rent Controller, was not sustainable - Rent Controller was supposed to know present legal position with regard to enactment of new Rent Control Act or otherwise, Rent Controller ought to have clarified present position from Government Pleader attached with District Court - return made by Rent Controller, vide docket order was liable to be set-aside, accordingly set aside - Rent Controller/District Munsif Court, was directed to number above four R.C.O.Ps filed by revision Petitioner and to proceed with same further in accordance with law - Civil Revision Petitions allowed.
Paras:10,11
Comparative Citations:
2018 (3) LW 1005, 2018 (2) MWN(Civil) 770, 2018 AirCC 2460,
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