Document Fragment View
Matching Fragments
(2) The jurisdiction of the Rent Court shall be limited to tenancy agreement submitted to it as per First Schedule and the question of title and ownership of premises shall be beyond its jurisdiction.
4. Though the definition of landlord and tenant under the New Act, is much wider and almost similar to the predecessor enactment, viz. The Tamilnadu Buildings (Lease and Rent Control) Act, 1960, the stipulations in Section 4(1) and 4(2) of the Act, relating to registration of tenancy agreements do have the effect of narrowing down the definitions and bringing only certain classes of tenants within the ambit of the New Act, while excluding the others. Sub Section (1) of Section 4 bars any https://www.mhc.tn.gov.in/judis CRP NPD Nos.3056, 3061, 3062, 3063, 3067 and 3094 of 2021 person from letting out or taking on rent any premises except by an agreement in writing. Therefore, an oral tenancy is not recognised by the New Act. It should be remembered that Section 107 of the Transfer of Property Act, enables creation of an oral month-to-month tenancy, if the period of tenancy is less than a year.
13. From the instances that had arisen in these six revisions, the different types of cases that may arise before the Rent Court can be broadly classified as follows:
i. Written tenancy created prior to and expired prior to the commencement of the Act (Tenant holding over under an oral tenancy);
ii. Oral tenancies created prior to the New Act and no written agreement entered into;
(2) The jurisdiction of the Rent Court shall be limited to tenancy agreement submitted to it as per First Schedule and the question of title and ownership of premises shall be beyond its jurisdiction.
4. Though the definition of landlord and tenant under the New Act, is much wider and almost similar to the predecessor enactment, viz. The Tamilnadu Buildings (Lease and Rent Control) Act, 1960, the stipulations in Section 4(1) and 4(2) of the Act, relating to registration of tenancy agreements do have the effect narrowing down the definitions and bringing it only certain clauses of tenants within the ambit of the New Act, https://www.mhc.tn.gov.in/judis CRP NPD Nos.3056, 3061, 3062, 3063, 3067 and 3094 of 2021 while excluding the others. Sub Section (1) of Section 4 bars any person from letting out or taking on rent any premises except by an agreement in writing. Therefore, an oral tenancy is not recognised by the New Act. It should be remembered that Section 107 of the Transfer of Property Act, enables creation of an oral month-to-month tenancy, if the period of tenancy is less than a year.
13. From the instances that had arisen in these six revisions, the different types of cases that may arise before the Rent Court can be broadly classified as follows:
i. Written tenancy created prior to and expired prior to the commencement of the Act (Tenant holding over under an oral tenancy);
ii. Oral tenancies created prior to the newAct and no written agreement entered into;