Section 17 in The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960
17. Landlord not to interfere with amenities enjoyed by tenant.
- [(1) No landlord shall without just or sufficient cause, cut off oi withhold or cause to be cut off or withheld any of the amenities enjoyed by the tenant or were in existence during the previous tenancy.] [Substituted by section 14(1), by the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).](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.(3)If the tenant satisfies the Controller that the amenities were cut off or withheld or caused to be cut off or withheld [x x x] [Words 'with a view to compel him to vacate the building or to pay enhanced rent or to harass him' were omitted by section 14(2)(i), by the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).], the Controller may pass an interim order, directing the landlord to restore the amenities immediately, pending the inquiry referred to in sub-section (4).Explanation. - An interim order may be passed under this sub-section without giving notice to the landlord:[Provided that 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 installments as may be specified by the Controller.] [Proviso was added by section 14(2)(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).](4)If the Controller on inquiry finds that the tenant has been in enjoyment of the amenities [or that the amenities were in existence during the previous tenancy] [Words were inserted by section 14(3) of the Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1973 (Tamil Nadu Act 23 of 1973).] and that they were cut off or withheld by the landlord without just or sufficient cause or if the landlord was in any way responsible for the amenities being cut off or withheld, he shall make an order directing the landlord to restore such amenities.(5)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.Explanation. - In this section, the expression 'amenities' includes supply of water, electricity, passages, staircases, light, lavatories, lifts and conservancy or sanitary services.
