Tenancy agreement expired prior toenforcement of Act - Landlord and tenant required to enter into agreement in writing with regard to tenancy within period of 575 days from date of commencement of Act - in absence of any written agreement - either landlord or tenant can file application for termination of tenancy - Order of eviction, proper.

Citation

AIROnline 2023 MAD 30

Madras High Court

S. M. SUBRAMANIAM , J.

C.R.P. - 3281 of 2022 D/- 11 - 1 - 2023

Mital Surendira v. Malack Safaa Fathima

Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act (42 of 2017), S.21, S.4 - Repossession of premises by landlord - Tenancy agreement expired prior to

enforcement of Act - Landlord and tenant required to enter into agreement in writing with regard to tenancy within period of 575 days from date of commencement of Act - No written tenancy agreement between landlord and tenant under new Act - S.4(2) of Act stipulates that in absence of any written agreement of tenancy between landlord and tenant within period of

575 days from date of commencement of Act, either landlord or tenant can file application for termination of tenancy - Order of eviction, proper.  (Paras 21 , 23 , 31 , 32) 

Cases Referred

Chronological Paras

AIR 1954 SC 215

16

AIR 1951 CALCUTTA 193 (SB)

16, 17

AIR 1933 Cal 132

17

T. R. Rajagopalan Senior Advocate, S. Haja Mohidee