Rent Authorities to be liberal in dealing with Application for registration of tenancy filed with Condone Delay Petition - Tenant can't compel landlord to renew Tenancy agreement - No time limit prescribed for filing application for eviction

Citation

2022 (6) CTC 19 (Mad)

2022(3) MWN(civil) 612

IN THE HIGH COURT OF MADRAS

R.N. Manjula, J.

CR.P. Nos. 587 & 1937 of 2022 & CM.P. Nos.3065 & 3343 of 2022

September 29, 2022

C.R.P. No.587 of 2022: Primex Healthcare and Research Pvt. Ltd., rep. by its Director, Office at No.30/1, Bazullah Road, T. Nagar, Chennai- 600 017; Suguna Vilasa Sabha and others

A.A.L. Ramaswamy; Rajesh Mootha and others

...Petitioner

...Respondent

Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (T.N. Act 42 of 2017), Section 5(3) Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Rules, Rule 4 Transfer of Property Act, 1882 (4 of 1882), Section 107 Registration Act, 1908 (16 of 1908), Sections 17 & 49-Unregistered Tenancy Agreement Petition for Eviction- Maintainability Tenancy Agreement being for 55 years, registration mandatory under Section 17 of Registration Act and under Section 107 of Transfer of Property Act - Written Agreement required under Section 4(1) of Rent Act is mandatory But same is independent and immaterial of compliance with Sections 17 & 49 of Registration Act and Section 107 of Transfer of Property Act- Registration mandated under Rent Act adds tenancy to Tenancy Register maintained by Rent Authority In instant case, since 1968 Lease Agreement registered under Registration Act and still in force, Landlord can choose to register same under Rule 4 If Agreement already expired, Landlord can seek registration along with Petition to condone delay in registration Held, Rent Controller need not have rejected Petition for eviction Petition could have been returned to comply with Registration formalities under Rule 4 and represent after compliance Rent Authorities to be liberal in dealing with Application for registration of tenancy filed with Condone Delay Petition Order and Decree of Rent Controller set aside and Petition to be returned with direction to represent it after complying with Section 4(3) of Rent Act along with Condone Delay Petition.