Landlord–tenant law in Tamil Nadu
Landlord–tenant law in Tamil Nadu is the law governing the legal relationship or jural relationship that exists between the landlord and tenant as long as the valid tenancy continues between them with regard to the demised premises. The principal landlord–tenant statute in Tamil Nadu is The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 [Tamil Nadu Act No. XVIII of 1960]. DefinitionsThe term Landlord[1] with reference to the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 under Section 2(6) which runs as follows:
DiscussionsAs stated above as long as the existence of valid tenancy between the parties then they are implied to be discharging their part of statutory obligations of "give and take" policy of "payments of rent" and "receipt of rent" towards the demised premises and that of amenities attached with the demised premises. So as long as the parties are "paying and receiving" the rents then they are comes under a single roof of landlord and tenant for which it is pertinent point to go through the landmark decision dated 7 August 2009 as rendered by the Hon'ble Madras High Court in its Judgment in M.S.Venkatesh Kumar and another Vs. M/s.Prasath Associates which is reported in 2001(4) CTC 371 in para 9 has held as follows: "the term "Rent" would include all payments agreed to be paid by the tenant to his landlord for the use and occupation, not only of the building and furniture, but also for electricity, water and other amenities and that in other words, any sum of money which the tenant agrees to pay as consideration for the tenancy would be rent. So, in the aforesaid judgments rendered by this Court and the Honourable Apex Court it has been categorically mentioned that the rent means any sum of money as agreed as rent and other amenities payable for the occupation of the tenant in the demised premises."[3] Similarly in yet another decision the Hon'ble Madras High Court further held that, "the term "amenity" shall means and includes as follows: “Any facility afforded for the pleasurable enjoyment by the tenants of the premises would constitute an amenity" which is reported in 1972 TLNJ 186. See alsoGallery
ReferencesSee alsoExternal linksInformation related to Landlord–tenant law in Tamil Nadu |