Justice R Subramaniyam. -order if agreement – oral or written expired before new Act came into force then eviction can be filed under new act only on one ground i.e failure to enter into written tenancy agreement as required by new act. ie Section 21(2)(a)

Justice R Subramaniyam

rent court dismissed eviction petitions on ground that agreements were not registered with the Rent Authority as required under the new rent act. six CRPs were filed – facts differed in all cases. some cases agreement was written and commenced before Act came into force in Feb’2019 and expired also on the date of filing of case for eviction under new Act. In some cases agreement in writing entered into after new Act came into force but not registered. high court, in the batch of cases held
1. if agreement – oral or written expired before new Act came into force then eviction can be filed under new act only on one ground i.e failure to enter into written tenancy agreement as required by new act. ie Section 21(2)(a)
2. if written tenancy entered into before new Act came into force but had expired on the date of filing of eviction petition – then landlord can invoke all grounds available under new act i.e all grounds under section 21(2)
3. if agreement entered into after commencement of new Act – written – if not registered then new Act not applicable and landlord has to approach only civil court to recover possession of property.
4. if agreement entered into after new Act and oral – only civil court.

By pb balaji advocate

Justice R Subramaniyam

rent court dismissed eviction petitions on ground that agreements were not registered with the Rent Authority as required under the new rent act. six CRPs were filed – facts differed in all cases. some cases agreement was written and commenced before Act came into force in Feb’2019 and expired also on the date of filing of case for eviction under new Act. In some cases agreement in writing entered into after new Act came into force but not registered. high court, in the batch of cases held
1. if agreement – oral or written expired before new Act came into force then eviction can be filed under new act only on one ground i.e failure to enter into written tenancy agreement as required by new act. ie Section 21(2)(a)
2. if written tenancy entered into before new Act came into force but had expired on the date of filing of eviction petition – then landlord can invoke all grounds available under new act i.e all grounds under section 21(2)
3. if agreement entered into after commencement of new Act – written – if not registered then new Act not applicable and landlord has to approach only civil court to recover possession of property.
4. if agreement entered into after new Act and oral – only civil court.

By pb balaji advocate

Justice R Subramaniyam

rent court dismissed eviction petitions on ground that agreements were not registered with the Rent Authority as required under the new rent act. six CRPs were filed – facts differed in all cases. some cases agreement was written and commenced before Act came into force in Feb’2019 and expired also on the date of filing of case for eviction under new Act. In some cases agreement in writing entered into after new Act came into force but not registered. high court, in the batch of cases held
1. if agreement – oral or written expired before new Act came into force then eviction can be filed under new act only on one ground i.e failure to enter into written tenancy agreement as required by new act. ie Section 21(2)(a)
2. if written tenancy entered into before new Act came into force but had expired on the date of filing of eviction petition – then landlord can invoke all grounds available under new act i.e all grounds under section 21(2)
3. if agreement entered into after commencement of new Act – written – if not registered then new Act not applicable and landlord has to approach only civil court to recover possession of property.
4. if agreement entered into after new Act and oral – only civil court.

By pb balaji advocate

Justice R Subramaniyam

rent court dismissed eviction petitions on ground that agreements were not registered with the Rent Authority as required under the new rent act. six CRPs were filed – facts differed in all cases. some cases agreement was written and commenced before Act came into force in Feb’2019 and expired also on the date of filing of case for eviction under new Act. In some cases agreement in writing entered into after new Act came into force but not registered. high court, in the batch of cases held
1. if agreement – oral or written expired before new Act came into force then eviction can be filed under new act only on one ground i.e failure to enter into written tenancy agreement as required by new act. ie Section 21(2)(a)
2. if written tenancy entered into before new Act came into force but had expired on the date of filing of eviction petition – then landlord can invoke all grounds available under new act i.e all grounds under section 21(2)
3. if agreement entered into after commencement of new Act – written – if not registered then new Act not applicable and landlord has to approach only civil court to recover possession of property.
4. if agreement entered into after new Act and oral – only civil court.

By pb balaji advocate

Justice R Subramaniyam

rent court dismissed eviction petitions on ground that agreements were not registered with the Rent Authority as required under the new rent act. six CRPs were filed – facts differed in all cases. some cases agreement was written and commenced before Act came into force in Feb’2019 and expired also on the date of filing of case for eviction under new Act. In some cases agreement in writing entered into after new Act came into force but not registered. high court, in the batch of cases held
1. if agreement – oral or written expired before new Act came into force then eviction can be filed under new act only on one ground i.e failure to enter into written tenancy agreement as required by new act. ie Section 21(2)(a)
2. if written tenancy entered into before new Act came into force but had expired on the date of filing of eviction petition – then landlord can invoke all grounds available under new act i.e all grounds under section 21(2)
3. if agreement entered into after commencement of new Act – written – if not registered then new Act not applicable and landlord has to approach only civil court to recover possession of property.
4. if agreement entered into after new Act and oral – only civil court.

By pb balaji advocate