You should wait for court to pass orders on your suit to evict tenant
dont file civil case now
Tenant eviction unregistered rent agreement
Sir, My lawyer has filed for eviction of tenant in the Rent court few months ago. The tenant has not appeared or given any counter. We were expecting an ex-parte order. But my lawyer few weeks ago gave negative news that the Madras high Court has given a judgement on FEB 2022 that unregistered Rental agreements cannot use the Rent Court. Landlords in the State cannot get their tenants evicted through fast-track procedures under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 if they did not enter into written tenancy agreements . So therefore my lawyer asks us to file civil suit, which i guess will take years to evict. The tenant is not paying rent for past 6 months. The next hearing of the present case in Rent court is on April next month , my lawyer expects a negative order because of the recent judgement , though the tenant is allowing an exparte in Rent court. What should we do , should we wait or file civil eviction..
Asked 3 years ago in Property Law
Religion: Other
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7 Answers
Under the Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act, 2017, the first forum to adjudicate tenancy dispute is Rent Controller appointed under the Act. Against the order of Rent Controller tenant or landlord can approach Court of Rent Controller under Section 30 of the Act. There is neither such fast track proceedings before Rent Controller or Court of Rent Controller. Under new Act tenancy agreement has to registered with Rent Controller. If the agreement is not registered landlord can submit the agreement and regularize the rent agreement taking consent of tenant. If tenant fails to give his consent Rent Controller can order eviction of tenant.
Yes after decree you can proceed with eviction proceedings
Please ask your lawyer to provide you with details of the Madras HC order of Feb 2022. To my knowledge, Mr Justice R Suresh Kumar of the Madras HC had ruled in a case (V. Manimegalai v (Tenant), as reported in the Times of India, 15.10.2019 edition) that in the case of non-registered rental agreements it was for the tenant to prove that there had been no landlord-tenant relationship and directed the Rent Court to entertain the application (based on an unregistered rental agreement). In your case, your advocate may press for an ex parte decree citing this ruling.
- Yes , as per the Madras High Court ,landlords in Tamil Nadu cannot get their tenants evicted through fast-track procedures if they do not have written tenancy agreements and have not registered their agreements with the Rent Authority.
- Hence, your lawyer correct to say that this suit cannot be decreed due to being an unregistered agreement, and a civil suit has to be filed.
- However, if the said petition was filed prior to passing this latest judgment , then court cannot refuse to entertain the matter on the ground of amendment.
Since the court has already taken the case on its files, you don't get discouraged by your lawyer's opinion.
You wait and watch the developments.
If the court is dismissing the case then you can go for alternative step.
Dear Client,
In such circumstances you may like to wait and after that if you do not get then you can add damages and claim more for the waiting period also.
Thanks & Regards
