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Rent Contol Act in Tamilnadu

1. RENT CONTROL LEGISLATION IN GENERAL:

1.1. The strain of the last World War, Industrial Revolution, the large scale exodus of the working people to the urban areas and the social and political changes brought in their wake social problems of considerable magnitude and complexity and their concomitant evils. The country was faced with spiraling inflation, soaring cost of living, increasing urban population and scarcity of accommodation. Rack renting and large scale eviction of tenants under the guise of the ordinary law exacerbated those conditions making the economic life of the community unstable and insecure. To tackle these problems and curb these evils, the Legislatures of the States in India enacted Rent Control Legislations.

1.2. In the state of Tamilnadu, the necessity for imposing control of rents and prevention of unreasonable eviction of tenants arose during the war period. Then, State Government issued Rent Control Orders in the year 1941 with regard to residential and non-residential buildings. Such orders were renewed from time to time until when the Legislature itself stepped in and enacted the Madras Act XV of 1946. This Act came into force on 1st October, 1946 and was intended to remain in force for two years. But its life was extended from time to time by issuing notifications by the State Government and finally this Act of 1946 was replaced by Madras Act XXV of 1949, which as originally enacted was to remain in force until 30th September, 1951. Its life was also extended from time to time, by subsequent amendments and ultimately the present Act, The Tamilnadu Buildings (Lease and Rent Control) Act,1960(XVIII of 1960) was passed. This again was declared to be in force for a period of five years and its life was extended from time to time. Finally this was made permanent by Section 28 of the Amendment Act 23 of 1973 and still remains in force.

 

2. What is a Building?

2.1. Building means any building or hut or part of a building or hut which is let or to be let for rent or Lease. It can be let out either for residential or non-residential purposes. The term building also includes-

(a) the garden, grounds and out-houses, if any, adjacent to or in the surroundings of such building, and let out or to be let out along with such building

(b) any furniture supplied by the landlord for use in such building but does not include a room in a hotel or boarding house.;

 

3. Who is a Landlord?

3.1. “Landlord” includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others. He may also either be an agent, trustee, executor, administrator, receiver or guardian. A tenant who sub-lets shall be deemed to be a landlord within the meaning of this Act in relation to the sub-tenant.

 

4. Who is a Tenant?

4.1. “Tenant” means any person by whom the rent is payable. Some times it may be so that the some one else is paying rent on behalf of another person. In such case the person on whose behalf the rent is paid is also a tenant. The surviving spouse, or any son, or daughter, or the legal representative of a deceased tenant who-

(i) in the case of a residential building, had been living with the tenant in the building as a member of the tenant’s family up to the death of the tenant, and

(ii) in the case of a non-residential building, had been in continuous association with the tenant for the purpose of carrying on the business of the tenant up to the death of the tenant and continues to carry on such business thereafter, and a person continuing in possession after the termination of the tenancy in his favour will also be called as a tenant.

4.2. This does not include a person placed in occupation of a building by its tenant or a person to whom the collection of rents or fees in a public market, cart-stand or slaughter-house or of rents for shops has been farmed out or leased by a Municipal Council or a Panchayat Unioin Council or the Municipal Corporation of Madras or the Municipal Corporation of Madurai.

 

5. What is a Fair Rent :

5.1. The fair rent for any residential building shall be nine per cent on the total cost of such building and for any non-residential building it shall be twelve per cent. The total cost shall consist of the market value of the site in which the building is constructed, the cost of construction of the building and the cost of provision of anyone or more of the amenities specified in Schedule I of the Rent control Act ( as prevailing on the date of application for fixation of fair rent).

 

6. Who fixes the Fair Rent?

6.1. The Controller appointed as per the Rules framed under the Rent Control Act, shall on application made by the tenant or the landlord of a building and after holding an enquiry, fix the fair rent for such building.

 

7. How market value is calculated?

7.1. While calculating the market value of the site in which the building is constructed, that portion of the site on which the building is constructed and of a portion upto fifty per cent, of the vacant land, if any, adjacent to such building shall be taken into account. The excess portion of the vacant land, will be treated as amenity.

List of Amenities :

1. Air – Conditioner, 2. Lift, 3. Water –cooler, 4. Electrical heater, 5. Frigidaire, 6. Mosaic Flooring., 7. Side dadoos, 8. Compound walls, 9. Garden, 10. Over-head tank for water-supply, 11. Electric pump and motor for water-supply, 12.Playground, 13. Badminton and Tennis courts, 14.Sun-breakers, 15. Amenity referred to in the first proviso to sub-section (4) of Section 4, 16. Usufructs, if any, enjoyed by the tenant and 17. Features of special architectural interest.

 

8. How cost of construction of the building is calculated?

8.1. The cost of construction of the building including cost of internal water-supply, sanitary and electrical installations shall be determined with due regard to the rates adopted for the purpose of estimation by the Public Works Department of the Government for the area concerned. The Controller may, in appropriate cases, allow or disallow an amount not exceeding thrity per cent, of construction having regard to the nature of construction of the building. The Controller shall deduct from the cost of construction determined in the manner specified in clause (a), depreciation, calculated at the rates specified in Schedule II.

RATES OF DEPRECIATION

Type of buildings Rate of Depreciation P.A

(1) (2)

1. Building built in lime mortar and in which teak has been used throughout. 1 per cent

2. Buildings built partly of brick in lime mortar and partly of brick in mud and in which teak has been used. 1-1/2 per cent.

3. Buildings built in brick in mud and in which country wood has been used. 2 per cent.

4. Buildings which are inferior to those of class 3 with brick-in-mud unplastered walls and mud floors and in which cheap country wood has been used. 4 per cent.

The depreciation shall be calculated for each year on the net value arrived at after deducting the amount of depreciation for the previous year. The amount of depreciation shall in no case be less than ten per cent of the cost of construction of the building.

The actual depreciation of a building aged ‘n’ years is calculated by using the formula-

n

P= A (100-r/100)

Where A = total cost of construction of the building. R= rate of depreciation per annum. N= age of the building (i.e. the number of years); P= the final depreciated value of the building.

The amount of depreciation will be equal to (‘A’ – ‘P’) subject to a minimum of ten per cent of ‘A’.

 

9. How cost of provision of amenities is calculated?

9.1. The cost of provision of amenities in the case of any residential building shall not exceed fifteen per cent and in the case of any non-residential building shall not exceed twenty five per cent of the cost of the site and the cost of the construction.

 

10. Prevailing rent as a factor.

10.1. It cannot be denied that prevailing rent of similar building at the time of the application will be one of the circumstances which can be taken into account (Rayala Corporation vs. Syed Bawker & Company, 1957 (1) MLJ 241 at 243]. What rent the building would reasonably fetch if let out to another, would be a good principle to go by [Nagindas vs. Ratna Mudaliar, 1956 (2) MLJ SN 49].

 

11. Change in fair rent in what cases admissible (Section 5)?

11.1. When the fair rent of a building has been fixed or refixed under this Act, no further increase in such fair rent shall be permissible except in cases where some addition, improvement or alteration has been carried out at the landlord’s expense and if the building is then in the occupation of a tenant, at his request. The fair rent increased shall not exceed the fair rent payable under Rent Control Act for a similar building in the same locality with such addition, improvement or alteration and it shall not be chargeable until such addition, improvement or alteration has been completed:

11.2. Where, after the fair rent of a building has been fixed under this Act, there is a decrease or diminution in the accommodation or amenities provided, the tenant may claim a reduction in the fair rent as so fixed.

 

12. Improvements done by the landlord.

12.1. In determining the fair rent for a building on the basis of the capital value of the building, the tribunal has to take into account not only the cost of subsequent construction, improvement or additions made by the landlord but also the original purchase price of the building (Kundanmull vs. Dharmdas, 1958 (2) MLJ SN 46]. But the circumstances that the tenant spent a considerable amount on additions and improvements to the building cannot be taken into consideration in fixing the fair rent especially where there is express term in the lease that such improvements had to be handed over to the landlord at the end of the period when presumably they became the property of the landlord. [Tej singh vs. Soora Subramanian Chettiar, 1951 (1) MLJ 183]. If the building is developed on made so by substantial alternations additions or new construction then the fixation of fair rent under the section may have to be made on different considerations. [Miran Devi vs. Birbal Dass, 1977 (3) SCC 496 at 499]. Where a certain amount was fixed and paid for improvements covering installation of electricity connection as well as consumption, it is a factor that must be taken into consideration (Abdul Gaffor Saheb vs. Abdul Salem Saheb, 1954 (2) MLJ 391 at 394].

 

13. Increase over rent in certain cases.

13.1. Where the amount of tax and cess payable (including any new tax or cess which has become payable) by the landlord in respect of any building to a local authority for any half-year commencing on the 1st April, 1950, or on any later date exceeds the amount of the taxes and cess payable in respect thereof the same or any other local authority for the first ending on the 30th day of September 1946, or for the first complete half-year after the date on which the building was first let, whichever is later, the landlord shall be entitled to claim such excess from the tenant in additional to the rent payable for the building under this Act. However, such excess cannot not be recovered, if it has resulted from an increase of rent in respect of the building.

 

14. Can a Landlord claim or receive anything in excess of fair rent or an agreed rent?

14.1. Where the Controller has fixed, or refixed the fair rent of a building the landlord shall not claim, receive or stipulate for the payment of any premium or other like sum in addition to such fair rent but for the reasons specified above. The landlord may receive, or stipulate for the payment of, an amount not exceeding one month’s rent by way of advance.

14.2. Any premium or other like sum or any rent paid in addition to, or in excess of , such fair rent, whether before or after the date of the commencement of this Act, in consideration of the grant, continuance or renewal of the tenancy of the building after the date of such commencement, shall be refunded by the landlord to the person by whom it was paid or at the option of such person, shall be otherwise adjusted by the landlord.

14.3. Where before the fixation or refixation of the fair rent, rent has been paid in excess thereof, the refund or adjustment shall be limited to the amount paid in excess for the period commencing on the date of the application by the tenant or landlord

 

15. What shall be the rent payable when Fair Rent has not been fixed?

15.1. Where the fair rent of a building has not been fixed the landlord shall claim only the agreed rent. However, the landlord may receive, or stipulate for the payment of, an amount not exceeding one month’s rent, by way of advance. Any sum paid in excess of the agreed rent, whether before or after the date of the commencement of this Act in consideration of the grant, continuance or renewal of the tenancy of the building, shall be refunded by the landlord to the person by whom it was paid or, at the option of such person, shall be otherwise adjusted. Any stipulation in contravention to this shall be null and void.

 

16. Landlord liable to give receipt for rent or advance.

16.1. Every landlord who receives any payment towards rent or advance shall issue a receipt duly signed by him for the actual amount of rent or advance received by him. As per Rule 9 of the Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974, the receipt may be in any form but shall contain the following particulars, namely, name of the tenant from whom or on whose behalf the rent or advance is received by the landlord; Amount of rent or advance received; In the case of rent, the rate at which and the period for which the rent is received; The particulars of the building (door number, street name, etc.) in respect of which the rent or advance is paid; The name and address of the landlord by whom or on whose behalf the receipt is given.

 

17. Landlord not to interfere with amenities enjoyed by tenant (Section 17).

17.1. No landlord shall, without just or sufficient cause, cut off or withhold or cause to be cut off or withheld any of the amenities (inclusive of supply of water, electricity, passages, staircases, light, lavatories, lifts and conservancy or sanitary services. ) enjoyed by the tenant or were in existence during the previous tenancy.

17.2. A tenant in occupation of a building may, if the landlord has contravened the provisions of this section, make an application to the Controller complaining of such contravention and seek an interim order, directing the landlord to restore the amenities immediate. Such interim order may be passed without giving notice to the landlord.

17.3. If the amenities are not restored within seven days from the date of the interim order, the Controller may permit the tenant to restore the amenities at his own cost and recover the cost of the expenses incurred by the tenant in respect of restoration of such amenities from the rent payable to the landlord in such monthly instalments as may be specified by the Controller.

17.4. The Controller may, in his discretion, direct that compensation not exceeding fifty rupees

(a) be paid to the landlord by the tenant, if the application under sub-section(2) was made frivolously or vexatiously;

(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the amenities or was in any way responsible for the amenities being cut off or withheld frivolously or vexatiously.

 

18. What is the remedy available to the Tenant when the Land Lord refuses to receive the Rent and asks the tenant to vacate?

18.1. Where a landlord refuses to accept, or evades the receipt of, any rent lawfully payable to him by a tenant in respect of any building, the tenant may, by notice in writing, require the landlord to specify within ten days from the date of receipt of the notice by him, a bank situated in the city, town or village in which the building is situated or if there is no such bank in such city, town or village, within five kilometers of the limits thereof into which the rent may be deposited by the tenant to the credit of the Landlord.

18.2. It shall be open to the landlord to specify from time to time by a written notice to the tenant and subject to the proviso aforesaid, a bank different from the one already specified by him under this sub-section.

18.3. If the landlord specifies a bank as aforesaid, the tenant shall deposit the rent in the bank and shall continue to deposit in it any rent which may subsequently become due in respect of the building.

18.4. If the landlord does not specify a bank as aforesaid, the tenant shall remit the rent to the landlord by Money Order, after deducting the money order commission.

18.5. If the landlord refuses to receive the rent remitted by Money Order, the tenant may deposit the rent before the Rent Controller and continue to deposit with him any rent which may subsequently become due in respect of the building.

 

19. Right of tenant to deposit rent in certain cases(Section 9.)

19.1. Where the address of the landlord or his authorized agent is not known to the tenant, he may deposit the rent lawfully payable to the landlord in respect of the building, before the Controller in such manner as may be prescribed, the continue to deposit any rent which may subsequently become due in respect of the building, before the Controller and in the same manner until the address of the landlord or his authorized agent becomes known to the tenant.

19.2. Where any bona fide doubt or dispute arises as to the person who is entitled to receive the rent for any building, the tenant may deposit such rent before such authority and in such manner as may be prescribed and shall report to the Controller the circumstances under which such deposit was made by him, and may continue to deposit any rent which may subsequently become due in respect of the building before the same authority and in the same manner until the doubt is removed or the dispute is settled by the decision of a competent Court or by a settlement between the parties or until the Controller makes an order under clause (b) of sub-section (4), as the case may be.

 

20. When can a Landlord Evict a tenant? (Section 10).

20.1. A Landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. A tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with either of the following Conditions.

(i) The tenant has not paid or tendered the rent due by him in respect of the building, within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement, by the last day of the month next following that for which the rent is payable.

a. However, if the Controller is satisfied that the tenant’s default to pay or tender rent was not willful, he may, give the tenant a reasonable time, not exceeding fifteen days, to pay or tender the rent due by him to the landlord and on such payment or tender, the application shall be rejected.

b. Default to pay or tender rent shall be construed as willful, if the default by the tenant in the payment or tender of rent continues after the issue of two month’s notice by the landlord claiming the rent

(ii) The tenant has without the written consent of the landlord, transferred his right under the lease or sub-let the entire building or any portion thereof, when the lease does not confer on him any right to do so, or has used the building for a purpose other than that for which it was leased.

(iii) The tenant has committed or caused to be committed such acts of waste as are likely to impair materially the value or utility of the building.

(iv) The tenant has been convicted under any law for the time being in force of an offence of using the building or allowing the building to be used for immoral or illegal purposes.

(v) The tenant has been conducting in a manner that cause nuisance to the occupiers of other portions in the same building or of buildings in the neighbourhood.

(vi) Where the building is situated in a place other than a hill-station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause

(vii) The tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or claim was not bona fide

(viii) in case it is residential building, if the landlord requires if for his own occupation or for the occupation of any m ember of his family and if he or any member of his family is not occupying a residential building of his own in the city, town or village concerned;

(ix) in case it is a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, if the landlord requires it for his own use or for the use of any member of his family and if he or any member of his family is not occupying any such building in the city, town or village concerned which is his own;

(x) In case it is any other non-residential building, if the landlord or any member of his family is not occupying for purpose of a business which he or any member of his family is carrying on, a non-residential building in the city, town or village concerned which is own. But a person who becomes a landlord after the commencement of the tenancy by any special Agreement shall not be entitled to apply under this clause before the expiry of three months from the date on which the Agreement was registered:

(xi) Where the landlord of a building, whether residential or non-residential, is a religious, charitable, educational or other public institution, it may, if the building is required for the purpose of the institution, apply to the Controller, for an order directing the tenant to put the institution in possession of the building.

(xii) A landlord who is occupying only a part of a building, whether residential or non-residential, may, , apply to the Controller for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession, if he requires additional accommodation for residential purposes or for purposes of a business which he is carrying on, as the case may be.

a. Where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this sub-section before the expiry of such period.

b. The Controller shall reject the application if he is satisfied that the hardship which may be caused to the tenant by granting it will outweigh the advantage to the landlord. Otherwise, the Controller may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in the aggregate.

(xiii) Where the landlord has been or is a member of the Armed Forces and is released or has retired from service and the building is bona fide required for his residence or is stationed at a place where on account of military exigencies, he cannot live with his family or dies on active duty and the building is bona fide required for the residence of his family, the Controller shall, on application made by the landlord or the member of his family, if he is satisfied that the claim of the landlord or the member of his family is bona fide, pass on order directing the tenant to put the landlord or the member of his family in possession of the building

“member of the Armed Forces” means a person in the service of the Air Force, Army or Navy of the Union of India and includes a seaman and “seaman” means every person including a master, pilot or apprenticed employed or engaged as a member of the crew of a ship or a sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958), applies.

(xiv)No order for eviction shall be passed against any tenant who is engaged in any employment or class of employment notified by the Government as an essential service for the purpose of this sub-section, unless the landlord is himself engaged in any employment or class of employment which has been so notified, or in respect of any building which has been let for use as an educational institution recognized by the Government or any authority empowered by them in this behalf so long as such recognition continues and is actually being used as such.

 

21. Recovery of Possession by landlord for repairs / reconstruction (S.14)

21.1. On an application made by a landlord, the Controller shall, if he is satisfied-

(a) that the building is bona fide required by the landlord for carrying out repairs which cannot be carried out without the building being vacated; or

(b) that the building is bona fide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished, pass an order directing the tenant to deliver possession of the building to the landlord before a specified date

21.2. No order directing the tenant to deliver possession of the building under this section shall be passed

(a) on the ground unless the landlord gives an undertaking that the building shall, on completion of the repairs, be offered to the tenant, who delivered possession in pursuance of an order for his reoccupation before the expiry of three months from the date of recovery of possession by the landlord, or before the expiry of such further period as the Rent Controller may, for reasons to be recorded in writing, allow; or

(b) on the grounds specified in clause (b) of sub-section (1), unless the landlord gives an undertaking that the work of demolishing any material portion of the building shall be substantially commenced by him not later than one month and shall be completed before the expiry of three months from the date he recovers possession of the entire building or before the expiry of such further period as the Controller may, for reasons to be recorded in writing allow:

21.3. The landlord who has recovered possession of the building for repairs cannot convert a residential building into a non-residential building or a non-residential building into a residential building unless such conversion is permitted by the Controller at the time of passing an order

21.4. When an Order for handing over possession is made such tenant shall be deemed to continue to be the tenant, but the landlord shall not be entitled to any rent for the period commencing on the date of delivery of possession by the tenant to the landlord and ending with the date on which the building is offered to the tenant by the landlord in pursuance of the undertaking.

Note: Making out a case under the Rent Act for eviction of the tenant by itself is sufficient and it is not obligatory to found the proceeding on the basis of the determination of the lease by issue of notice in accordance with section 106 of the Transfer of Property Act (Dhanapal Chettiar vs. Yesodai Ammal, 1979 (4) SCC 214 at 229].

 

22. Tenant to re-occupy after repairs (Section 15).

22.1. Where the landlord recovers possession he shall, within two months before the date on which the work of repairs is likely to be completed, give notice to the tenant of the date on which the said work will be completed. Within fifteen days from the date of receipt of such notice, the tenant shall intimate to the landlord his acceptance of the building offered for his re-occupation and if the tenant gives such intimation, the landlord shall within thirty days from the date of completion of the work of repairs put the tenant in possession of the building on the original terms and conditions. If the tenant fails to give such intimation, his right to re-occupy the building shall terminate.

22.2. If after the tenant has delivered possession, the landlord fails to commence the work of repairs within one month from the date of such delivery, or fails to complete the work before the expiry of three months form the date of such delivery, or before the expiry of the further period allowed or having completed the work fails to put the tenant in possession of the building, the Rent Controller may, on the application of the tenant made within thirty days from the date of such failure, order the landlord to put the tenant in possession of the building on the original terms and conditions; and on such order being made, the landlord and any person who may be in occupation shall put the tenant in possession of the building.

 

23. Tenants to occupy if the building is not demolished (Section 16)

23.1. Where an order directing delivery of possession has been passed by the Controller and the work of demolishing any material portion of the building has not been substantially commenced by the landlord within the period of one month in accordance with his undertaking, the tenant may give the landlord notice of his intention of occupy the building the possession of which he delivered. If within fifteen days from the date of receipt of such notice, the landlord does not put him in possession of the buildings on the original terms and conditions, the tenant may make an application to the Controller within eight weeks of the date on which he put the landlord in possession of the building. The Controller shall order the landlord to put the tenant in possession of the building on the original terms and conditions.

23.2. Where in a pursuance of an order passed by the Controller, any building is totally demolished and a new building is erected in its place, all the provisions of this Act shall cease to apply to such new building for a period of five years from the date on which the construction of such new building is completed and notified to the local authority concerned.

23.3. Where the tenant denies the title of the landlord or claims right of permanent tenancy, the Controller shall decide whether the denial or claim is bona fide and if he records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and the Court may pass a decree for eviction on any of the grounds mentioned in the said sections, notwithstanding that the Court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded.

23.4. But these conditions shall not apply to a tenant whose landlord is the Government. Further, By G.O. Ms. No. 1998, dated 12th August, 1974, the Government has exempted all the buildings owned by the Hindu, Christian and Muslim Religious Trust and Charitable Institutions from all the provisions of the Act. By G.O. Ms. No. 2000, dated 16th August 1976, the Government in supersession and modification of the order in G.O. Ms. No. 1998, dated 12th August 1974 have exempted all the buildings owned by the Hindu, Christian and Muslim Religious Public Trusts and Public Charitable Trusts from all the provisions of the Act. [See Notification at the end]. The religion does not come into the picture with regard to the charitable institution as provided for in the G.O. and in the context of the G.O. the religion has relevance only in relation to religious trusts and consequently the expression “Hindu, Christian and Muslim” will not qualify the expression “Charitable institutions” and will qualify only the expression religious trusts [Suryaprakash Gupta vs. The Madras Piece Goods Merchants Charitable Trust, 93 LW 132 at 134].

 

24. Can an evicted tenant be put back in possession?

24.1. Where a landlord who has obtained possession of a building in pursuance of an order under sub-section (3) or subsection 3-A of section 10 of the Rent Control Act, does not himself occupy it within one month of the date of obtaining possession or having so occupied it, vacates it without reasonable cause within six months of such date, the tenant who has been evicted may apply to the Controller within one month for an order directing that he shall be restored to possession of the building and the Controller shall make an order accordingly.

24.2. This clause shall not apply to a residential building the monthly rent of which does not exceed twenty – five rupees or to a non – residential building the monthly rent of which does not exceed fifty rupees.

 

25. Whether Tenant against whom a petition for eviction has been file without proper reason claim compensation?

25.1. Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Controller may direct that compensation not exceeding fifty rupees be paid by such landlord to the tenant.

25.2. Any person aggrieved by an order passed by the Controller may, within fifteen days from the date of such order, prefer an appeal in writing to the Appellate Authority having jurisdiction.

25.3. The Appellate Authority shall call for the records of the case from the Controller and after giving the parties an opportunity of being heard and, if necessary, after making such further inquiry as he thinks fit either personally or through the Controller, shall decide the appeal.

 

List of reference:

The major reference source is the Comentaries on theT.N. Buildings (Lease and Rent Control) Act by P.B. Ramanujam, Advocate.

1. Nagindas Ramdas vs. Dalpatram Iccharam, 1974 (1) SCC 242 at 248

2. Kundanmull vs. Dharmdas, 1958 (2) MLJ SN 46

3. Miran Devi vs. Birbal Dass, 1977 (3) SCC 496 at 499

4. Abdul Gaffor Saheb vs. Abdul Salem Saheb, 1954 (2) MLJ 391 at 394

5. Dhanapal Chettiar vs. Yesodai Ammal, 1979 (4) SCC 214 at 229

6. Dhanpal Chettiar vs. Yadodai Ammal, 1979 (4) SCC 214.

7. Pals Theatres vs. Abdul Gafoor Saheb, 1972 (2) MLJ 554 at 563

8. Haji Abdullah Sait vs. Sanjeevi Rao, 1979 (2) MLI 413 at 433)

9. K. Kaliammal and other vs. Athi V. Ramachandra and others, 1983 MLJ (II)252

10. Rayala Corporation vs. Syed Bawker & Company, 1957 (1) MLJ 241 at 243

11. Nagindas vs. Ratna Mudaliar, 1956 (2) MLJ SN 49

12. Tej singh vs. Soora Subramanian Chettiar, 1951 (1) MLJ 183

 

 
 

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