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The Madras City Tenants Protection Act, 1921 Complete Act - Bare Act

StateTamil Nadu Government
Year
Act Info:
THE MADRAS CITY TENANTS PROTECTION ACT, 1921

THE MADRAS CITY TENANTS PROTECTION ACT, 1921 SUBSTITUTED BY THE TAMIL NADU ADAPTATION OF LAWS ORDER, 1969, AS AMENDED BY THE TAMIL NADU ADAPTATION OF LAWS (SECOND AMENDMENT) ORDER,1969 [TAMIL NADU] ACT NO.III OF 1922
An Act to give protection to certain classes of tenants Substituted by Madras Act XIX of 1955 [in Municipal Towns (and Townships) Added by Tamil Nadu Act 11 of 1980 and adjoining areas in the State of Tamil Nadu.]
Substituted by Tamil Nadu Act 7 of 1972 [WHEREAS it is necessary to give protection against eviction to tenants, who in [Municipal Towns Added by the Tamil Nadu Act 11 of 1980 (and Townships)] and adjoining areas in the State of Tamil Nadu have constructed buildings on others lands, so long as they pay a fair rent for the land;

NOTES

Preamble "
Cannot limit the scope of the Act (1960) 2 MLJ 328; (1963) 1 MLJ 140; 61 MLJ 535 Scheme of the Act " 71 LW 112;

Objects of the Act:
-
AIR 1926 Mad 381 ; (1958) 2 MLJ 98;

Extension and Application of the Act
" (1979) 2 MLJ 512; AIR 1966 SC 65; (1981 2 MLJ 192;

Notifications
: Notification extending the Act on the report of the District Collector " valid (1970) 2 MLJ 604;

Notification not placed before the legislature
" Raised for the time in Writ Appeals " Not permitted " (1970) 2 MLJ 60 See also (1996) 2 LW 176;
Notification necessary for extension of the Act " 81 LW 393;

Extension to Thanjavur Municipal Areas
" Valid " (1970) 2 MLJ 604;
Amending Act 1979 " Municipalities " (1988) 1 LW 158;
Mere threat of eviction " tenant not entitled to protection " AIR 1971 SC 2366;
85 LW 760;
Land belonging to State-Act not applies- (1969) 1 MLJ 443;
Superstructure comes into existence only after Act came into force " Act does not give protection " (1974) 1 MLJ 380 ; (1933) 2 MLJ 5
Rights under T.N. Cultivating Tenants protection Act and Right under this Act " Both the Acts cannot be applied - Simultaneously " (1960) 2 MLJ 360;
Act does not vest any jurisdiction in any court " 1926 Mad 1142;
Applicability of the Act for leases of short duration " 1931 Mad 629;
Act does not provide a ground for eviction for denial of title not a bar to seek eviction on that ground " 1992 (2) MLJ 185;

1. Short title and application "
(1) This Act may be called the Madras City Tenants' Protection Act, 1921.
Substituted by Tamil Nadu Act 11 of 1980 [ " (2) (a) It extends to, -
(i) the City of Madras;
(ii) the townships of Kodaukanal, Avadi, Kathiwakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam and Mettur.
(b) The State Government may, by notification in the Tamil Nadu Government Gazette, extend this Act with effect from such date as may be specified in the notification to.-
(i) any other municipal town;
(ii) any other township; or
(iii) any specified village within eight kilometers of the City of Madras, or of the townships referred to in sub-clause (ii) of clause (a), or of the townships referred to in sub-clause (i) or township referred to in sub-clause (ii) of clause (b)]
(3) Substituted by Tamil Nadu Act of 11 of 1980 [ "This Act shall apply,-
(a) in the areas in which this Act is in force on the date of the publication of the Madras City Tenants' Protection (Amendment) Act, 1979 in the Tamil Nadu Government Gazette, only to tenancies of land created before that date; and
(b) in any other area, only to tenancies of land created before the date with effect from which this Act is extended to such area by notification under clause (b) of sub-section (2) "]
Proviso Added by Tamil Nadu Act 11 of 1960 [ Provided that nothing contained in this Act shall apply to tenancies of land owned "
(a) In the City of Madras by the Corporation of Madras.
(b) in any other municipal areas, by the municipal council concerned.]
Added by Tamil Nadu Act 11 of 1980 [" (bb) in any township, by the township committee concerned,"]
(c ) in any area in a district as defined in the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920), which is comprised within the local limits of a panchayat constituted under the Tamil Nadu Village Panchayats Act. 1950 (Tamil Nadu Act X of 1950), or of a panchayat Act, 1958 (Tamil Nadu Act XXXV of 1958), by the panchayat or by the panchayat union council concerned.
(d) in the case of all areas in a district defined as aforesaid, which are not comprised within the local limits of such panchayat or panchayat union by the district board concerned, and
(e) by the Board of Trustees for the Improvement of the City of Madras constituted under the Madras City Improvement Trust Act, 1950 (Tamil Nadu Act XXXVII of 1950).
Added by Tamil Nadu Act 2 of 1996 [ "(f) by any religious institution or religious charity belonging to Hindu, Muslim, Christian or other religion.
Explanation. For the purposes of this clause, -
(A) "religious institution"means any
(i) temple;
(ii) math;
(iii) mosque;
(iv) church; or
(v) other place by whatever name known
Which is dedicated to, or for the benefit of, or used as of right by, any community or section thereof as a place of public religious worship;
(B) "religious charity" means a public charity associated with a religious festival or observance of religious character (including a wakf associated with a religious festival or observance of religious character), whether it be connected with any religious institution or not;"]
Added by Tamil Nadu Act XXV of 1979 [ Provided further that nothing contained in this Act shall apply to tenancies of land vested or deemed to be vested in or acquired by the Board of Trustees of the Port of Madras under the Major Port Trusts Act 1963 Central Act XXXVIII of 1963.]
Added by Madras Act XII of 1960. (4) The State Government may, by notification in the Fort St. George Gazette, cancel any notification issued under sub-section (2), but the cancellation shall not be deemed to affect the power of the State Government under sub-section (2) again to extend this Act to such Added by T.N. Act 11 of 1980. [town, township ] or village]
(5) Where a notification is issued under sub-section (4), every proceeding pending on the date of the publication of such notification and instituted under the provisions of this Act as extended by virtue of the notification issued under sub-section (2) which has been cancelled by such notification, shall abate and all right and privileges which may have accrued immediately before such date to any person by virtue of this Act as extended shall cease and determine and shall not be enforceable;
Provided that nothing contained in this sub-section shall be deemed to invalidate any suit or proceeding in which the decree or order passed has been executed or satisfied in full before the date, mentioned in this sub-section .
(6) Every notification issued under sub-section (2) or sub-section (4) shall be laid before the Legislature, if it is sitting, as soon as may be after the issue of the notification, and if it is not sitting within seven days of its re-assembly, and the State Government shall seek the approval of the Legislature to, the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before it; and if the Legislature makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect as the case may be, but without prejudice to the validity of anything previously done thereunder.

NOTES
S.1 " Rent Control proceedings Act " Cannot be invoked
S.1 " Tenant governed by the Act " Increase in rent " whether a new lease " 77 LW 522; (1969) 2 MLJ 626;
S.1 " Tenant " Four different dates of commencement of lease on different dates " same landlord " Act extended to the area on a particular day " crucial date - applicability of the Act (1979) 2 MLJ 512;
See also 1 LR (1968)3 Mad 370
S.1 " Suit for possession " non residential user " Act does not apply to non residential building on the date of suit " Decreed " Extended to non residential user " Protection " Whether can be claimed - (1981) 2 MLJ 192;
S.1 Tenant holding over " right to claim protection (1984) 1 MLJ 72 ; 74 LW 352 (1979) 2 MLJ 578 ; (1976) 1 MLJ 20:
S.1 " Possession taken on lease " Lease deed later " Act extended between the two dates " Benefit under the Act " Claim of AIR 1946 MAD 11;
S.1 " New tenancy " When arises " (1962) 1 MLJ 150;
S.1 and 3 Proviso as amended by Act 3 (1960) " Proviso does not offend Art 19 " Valid " 1972 TNLJ 93
S.1 and 3 Proviso as amended by Act II of 1996 " Revision " abates 1996 (II) MLJ 320
S.1 and 3 Proviso as amended by Act 2 of 1996 " Second Appeal " Abates " 1996 TLNJ 284;
S.1 (3) " Amendment Act of 1945 " Applicable only to tenancies which are subsisting before the amending Act came into force " 1974 TLNJ 155
S.1 (3) 9 " Lease " Comprises more than a land " Act does not apply " 1994 TLNJ 295;
S.1 (3) 3, 9 & 12 " Applicability of " 1974 TLNJ 155;
S.1 (3) proviso as introduce by Act 13 (1960) and constitution of India Art 14 " whether proviso ultravires of Constitution " Whether offends Art 14;
S.1 (6) and 4(2) " Provision of the Act extended to non residential buildings in all municipal towns " Notification " Legislature " Placing of not necessary " 1996 (II) MLJ 301;

2. Definitions "
In this Act unless there is anything repugnant in the subject or context.-
Substituted by Tamil Nadu Act 16 of 1964 [ (1) ˜Building' means any building, hut or other structure, whether of masonry, bricks, wood, mud or metal or any other material whatsoever used "
(i) for residential or non-residential purposes in the City of Madras, in the municipal towns of Coimbatore, Madurai, Salem and Tiruchirappalli, Substituted by Tamil Nadu Act 11 of 1980. ["in the townships of Kodaikanal, Avadi, Kathiwakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam and Mettur, or in such other municipal town or township as the Government may, by notification, specify and in any village within eight kilometers of the City of Madras or of the municipal towns or township aforesaid;"]
(ii) for residential purposes only, in any other area; and includes the appurtenance thereto]
Inserted by Section 2 of the Madras City Tenants ˜Protection (Amendment) Act, 1926 (Tamil Nadu Act VI of 1929) [(1-A) " Improvement" means any work which materially adds to the value of the land, is suitable to it consistent with the purpose for which the land was let.]
(2) "Land" does not include buildings.
(3) "Landlord" means any person owning any land, and includes every person entitled to collect the rent of the whole or any portion of the land, whether on his own account or on behalf of or for the benefit of any other person, or by virtue of any transfer from the owner or his predecessor in title or of any order of a competent court or of any provision of law.
"(3-A) ˜Municipal town' includes the City of Madurai;"
This sub-clause was Substituted by Tamil Nadu Act 12 of 1980 [ (4) ˜Tenant' in relation to any land "
(i) means a person liable to pay rent in respect of such land, under a tenancy agreement express or implied, and]
This sub-clause was substituted by Tamil Nadu Act 24 of 1973 [(ii) includes "
(a) any such person as is referred to in sub-clause (i) who continues in possession of the land after the determination of the tenancy agreement,
(b) any person who was a tenant in respect of such land under a tenancy agreement to which this Act is applicable under sub-section (3) of section 1 and who or any of his predecessors in interest had erected any building on such land and who continues in actual physical possession of such land and building, notwithstanding that "
(1) such person was not entitled to the rights under this Act by reason of the proviso to Section 12 of this Act as it stood before the date of the publication of the Madras City Tenants' Protection (Amendment) Act, 1972 (Tamil Nadu Act 1 of 1972), or
(2) a decree for declaration or a decree or an order for possession or for similar relief has been passed against such person on the ground that the proviso to section 12 of this Act as it stood before the date of publication of the Madras City Tenants'' Protection (Amendment) Act, 1972 (Tamil Nadu Act 4 of 1972 ) disentitled such person from claiming the rights under this Act, and
(c) the heirs of any such person as is referred to in sub-clause (i) or sub-clause (ii) (a) or (ii) (b);
But does not include a sub-tenant or his heirs."]
Inserted by Tamil Nadu Act 11 of 1980 [ (5) ˜township' means a township constituted under the Mettur Township Act, 1940 (Tamil Nadu Act XI of 1940 ), the Courtallam Township Act, 1954 (Tamil Nadu Act XVI of 1954), the Bhavanisagar Township Act, 1954 (Tamil Nadu Act XXV of 1954), or section 4 of the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958), or any other township constituted under any other law for the time being in force.

NOTES
S.2 " Classification of Buildings " Residential and non residential building " valid " (1961) 2 MLJ 435; AIR 1963 SC 864;
S.2 " Decree obtained when the protection was not available to tenant - non-residential user " Notification came later extending to non-residential building also " Execution cannot be laid " (1979) 2 MLJ 458;
S.2 (3) Idol can be a landlord " 47 MLJ 211;
S.2 (3) 2 (4) Landlord and " Tenant inducted by court appointed receiver " Cannot endure beyond " Receivership " cannot claim protection under the Act " 1994 (I) LW 445;
S.2(3) " Landlord " Land owned by co-owners " Whether landlord- one counter filing suit " remedy available to the tenant " 1990 I MLJ 140;
S.2 & 11 " Denial of title by tenant in prior proceeding " Subsequent eviction proceeding "effect of " 1994 (2) LW 100;
S.2 (1) " Tenancy not coming within the purview of the Act when trial of suit and Appeal therefore pending "Second appeal " Tenancy comes within the Act " Act applies " 1978 TLNJ 322;
S.2 (1) " Act applicability to non residential building was made - Decree as on date not executed " Protection available to tenant " 1978 TLNJ 355;
S.2 (1) - Wooden bunk with tin roof " resting on wooden poles - Whether building " Right of tenant " 1985 TLNJ 2
S.2 (1) " Suit and Appeal disposed of - Notification extending benefit for non residential building also " Second Appeal pending " Tenant entitled to benefits " 1978 TLNJ 322;
S.2 (4) " Tenant definition of - (1965) 2 MLJ 188;
S.2 (4) " Tenant of " Vacant site " Not a tenant to claim protection under the Act - AIR 1969 SC 435;
S.2 (4) " Person driving title from tenant is different from a sub - tenant (1972) 1 MLJ 169 ; (1964) 1 MLJ 250 ; (1975) 1 MLJ 301 ; (1958) 1 MLJ 310; (1969) 2 MLJ 541
S.2 (4) & 59 Site enclosed by compound wall " Whether building " Superstructure put by predecessor of title " Protection whether available to tenant " 1983 TLNJ 23;
S.2 (4) (i) (ii) (b) and 59 " Petition under S.9 actual physical possession necessary.
S.2 (4) (ii) (b) " A, a limited company is the tenant " Amalgamation with another company " later company whether can claim rights under the Act " 1985 TLNJ 98;
S.2 (4) " Auction purchaser of tenants right " whether Act protects " AIR 1947 MAD 125;
S.2 (4) Denial of landlords title " Claim under the Act " (1979) 2 MLJ 47;
S.2 (4) Nature of Character of possession of tenant " 86 LW 451;
S.2 (4) " Tenant " Meaning of (1977) 2 MLJ 2076; 1926 MWN 714: (1960) 2 MLJ 328;
S.2 (4) Assignee " When got protection under the Act " 88 LW 512;
S.2 (4) Tenant erecting building against express prohibition fresh lease " Whether protection can be claimed " (1963) 1 MLJ 140 " But see (1965) 2 SCJ 880
S.2 (4) Tenant inducts an unsufructuary mortgage " will be a tenant " 41 LW 745;
S.2 (4) " Tenant's right is only a privilege and personal. It is not transferable but only heritable. " AIR 1975 MAD 379;
S.2 (4) (ii) (a) " Tenant in possession after termination of tenancy " Landlords title denied- Whether protection available " 1992 (2) MLJ 185;
S.2 (4) & 9 " Scope of building " Site enclosed by compound wall whether building " Whether person can take advantage of superstructure put up by predecessor in title " 1983 TLNJ 23;
S.2 (4) (i) (ii) (b) and S.9 " Petition u. S.9 " Actual physical possession necessary " 1986 TLNJ 11.
S.2 (4) & 9 " Scope of building " Whether person can take advantage of superstructure put up by predecessor in the title 1983 TLNJ 23;
S.2 (4) " Tenant definition of " Tenant must admit relationship to claim protection " 1992 II MLJ 548;

3. Payment of compensation on ejectment "
Every tenant shall on ejectment be entitled to be paid as compensation the value of any building, which may have been erected by him, by any of his predecessors in interest, or by any person not in occupation at the time of the ejectment who derived title from either of them, and for which compensation has not already been paid. A tenant who is entitled to compensation for the value of any building shall also be paid the value of trees which may have been planted by him on the and. These words were added by Section 3 (a) of Tamil Nadu Act VI of 1926 [ and of any improvements which may have been made by him ].

NOTES
S.3 " (as amended by Act 2 of 1996 ) " Suit by temple " application of tenant abates " 1996 TLNJ 289;
S.3,4 " Recovery of possession " suit for " Defendant found to be entitled to protection under the Act.
- Quantum of compensation not ascertained " procedure to be adopted.
S.3 - Right to get compensation when right under S9 cannot be invoked " 72 LW 256;
S.3 " Building erected in breach of covenant " Right under S-3 " AIR 1969 SC 435
S.3 " " Predecessor in interest" " meaning and scope of " (1966) 2 MLJ 340;
S.3 " Rights under S- 9 barred " S.3 " can be invoked " (1960) 2 MLJ 351;
S.3 " Tenant " meaning of "should be understood as used in the Act " AIR ( 1966 SC 361 ) See also (1963) 1 MLJ 140 and (1960) 2 MLJ 328
S.3 " Tenant denied title of landlord cannot claim compensation for superstructure " 1994 (2) MLJ 402.
S.3 and 4 compensation payment u sec.3 " ascertainment of " duty of court 1991 (2) MLJ 222.
S.3 " Vacant possession " suit for " protection given to non " residential buildings withdrawn " compromise " and lord to purchase superstructure- Amending Act 16 of 1964 " Benefit extended to non " residential buildings " whether tenant entitled to benefits " 1975 TLNJ 283;
S.3 & 9 " Tenant puts up small structure adjoining the house " has to remove at the time of termination of lease " whether protection available " 1972 TLNJ 436;

4. Disposal of suits for ejectment "
(1) In a suit for ejectment against a tenant in which the landlord succeeds, the court shall ascertain the amount of compensation, if any, payable under section 3 and the decree in the suit shall declare the amount so found due an direct that, on payment by the landlord into court, within three months from the date of the decree, of the amount so found due, the tenant shall put the landlord into possession of the land with the building and trees thereon.
(2) In an application under Section 41 of the Presidency Small Causes Courts Act, 1882, (Central Act XV of 1882) in which the landlord succeeds, the court shall ascertain the amount of compensation payable under Section 3 and shall pass an interim order declaring the amount so found due and stating that, on payment by the landlord into court within three months of the date of the said interim order of the amount so found due, the landlord shall be entitled to the order contemplated by section 43 of the Presidency Small Cause Courts Act, 1882.
(3) If in such suit or application the court finds that any sum of money is due by the tenant to the landlord for rent or otherwise in respect of the tenancy, the court shall set off such sum against the sum found due under sub-section (1) or sub-section (2), as the case may be, and shall pass a decree or interim order declaring as the amount payable to the tenant on ejectment the amount, if any remaining due to him after such set-off.
(4) If the amount found due is not paid into court within three months from the date of the decree under sub-section (1) or of the interim order under sub-section (2) or if no application is made under section 6, the suit or application, as the case may be, shall stand dismissed, and the landlord shall not be entitled to institute a fresh suit for ejectment, or present a fresh application for recovery of possession for a period of five years from the date of such dismissal.

NOTES
S.4 " Determination of compensation " Relevant stage " (1961) 2 MLJ 261;
S.4 " (1) and 4 (4) is mandatory " AIR 1966 SC 65 : AIR 1973 Mad 294;
S.4 (1)" Decree for possession " Compensation determined " not deposited within three months " execution " not affected " (1997) 2 LW 164;
S.4 " 6 and 9 " Suit against tenant for ejectment " application by tenant for purchase - court fixes price - application by tenant and redelivery ordered " whether operates a resjudication " 1972 TLNJ 235;

5. Determination of compensation awardable under Section 4
" (1) The compensation awardable under section 4 shall be the value of the building and trees Inserted by Section 3 (b) of the Madras City Tenants' Protection (Amendment) Act, 1926 (Tamil Nadu Act VI of 1926) [and of any improvements which may have been made by the tenant] on the date of the decree or interim order, as the case may be.
(2) In determining such value, the court may take into consideration the estimated cost of erecting a similar building, the amount to be allowed for depreciation and the amount spent on repairs.
(3) If, on account of any cause for which the tenant is responsible, the building , for which compensation has been adjudged under section 4, is destroyed or has deteriorated in value between the date of the decree or interim order and the ejectment, the court may, on application by the landlord, pass an order directing that he be placed in possession without paying any compensation, or on payment of the amount determined on a revaluation of the building as the case may be.

6. Determination of Rent "
(1) If after a decree or interim order is passed under section 4, the landlord is unable or unwilling to pay the compensation ordered, he may, within three months from the date of the decree of interim order, apply to the court to fix a reasonable rent for the occupation of the land by the tenant and thereupon the court shall by its order fix such rent as it deems reasonable:
Provided that the rent previously payable for the land shall not be enhanced by more than Substituted by Madras Act XIII of 1960 [twenty "five paise] in the rupee.
(2) On the passing of an order under sub-section (1) the decree or interim order passed under section 4 shall be deemed to have been vacated.

NOTES
Ss.6, 7 & 7A " Fair rent " fixation of " power of court not to grant rent which will be more than 25 % of agreed rent -
Restriction unreasonable and discriminatory " only Legislature can undo and not court " 1995 TLNJ 81;

7. Application of landlord for fixing the rent "
Any landlord may apply by a petition to the court having jurisdiction to entertain a suit for ejectment Substituted by Section 4 of the Tamil Nadu Act XIX of 1955 [ or, in the City of Madras, either to such Court or to the Presidency Small Cause Court ] to fix a reasonable rent for the occupation of the land by the tenant and thereupon the court shall by its order fix such rent as it deems reasonable;
Provided that the rent previously payable for the land shall not be enhanced by more than [twenty five paise] on the rupee.

NOTES
S.7 " Lease not entitled to file petition for fair rent against state - AIR 1970 Mad 27;
S.7 (A) & S.9 " Tenant acknowledge title of the landlord abat land as well as superstructure 9 (3) (A) does not lie " (1980) TNLJ 361;
S.7 A " Application under " tenant with a right to continue in possession is entitled to file " (1958) 1 MLJ 286;
S.7 A " Proviso to S7 cannot be applied to S7A " AIR 1971 Mad 475;

Substituted by Section 5 ibid

[7-A. Application by tenant " A tenant may apply to the Court having jurisdiction to entertain a suit for ejectment, or in the City of Madras either to such Court or to the Presidency Small Cause Court, to fix a reasonable rent for the occupation of the land or where an application under Section 7, the rent previously payable for the land has been enhanced, for a reduction of the rent fixed; and thereupon the Court shall, by its order, fix such rent as it deem reasonable.]

8. Effect of order under Sections 6,7 and 7 A. -
An order passed by a Court Clause (a) of sub-section was renumbered as item 1 of that clause and after ---- item renumbered item (ii) inserted by Tamil Nadu Act XXIV of 1973. [under Section 6, Section 7 or Section 7-A] [shall, subject to the provisions of Section 9-A, have effect as a decree in a suit and for a period of five years the rent so fixed shall not be revised nor shall the tenant be liable to be evicted for the said period.]

Omitted by Madras Act XIII of 1960.

9. Application to Court for directing the landlord to sell land. (1) (a)
Clause (a) of sub-section was renumbered as item 1 of that clause and after ---- item renumbered item (ii) inserted by Tamil Nadu Act XXIV of 1973.[(i) Any tenant who is entitled to compensation under Section 3 and against whom a suit in ejectment has been instituted or proceeding under Section 41 of the Presidency Small Cause Courts Act, 1882 taken by the landlord may Substituted by Tamil Nadu Act 11 of 1980 [Within one month of the date of the publication of Madras City Tenants Protection (Amendment) Act, 1979, in the Tamil Nadu Government Gazetted or of the date with effect from which this Act is extended to the municipal town, township or village in which the land is situated [ or within Substituted by Madras Act VI of 1926. [one month] after the service on him of summons. Apply to the Court for an order that the landlord shall be directed Substituted by Madras Act XIII of 1960 [to sell for a price to be fixed by the Court, the whole or part of, the extent of land specified in the application.]
Clause (a) of sub-section 1 renumbered as item (i) and item (ii) inserted by Tamil Nadu Act XXIV of 1973.[(iii) Notwithstanding anything contained in clause (a) (i) of this sub-section, any such tenant as is referred to in sub-clause (ii) (b) of clause (4) of section 2 or his heirs , may within a period of two months from the date of publication of the Madras City Tenants' Protection (Amendment) Act, 1973 apply to the court [whether or not a suit for ejectment has been instituted or proceeding under Section 41 of the Presidency Small Causes Courts Act, 1882 (Central Act XV of 1882) has been taken by the landlord or whether or not such suit or proceeding is pending ] having jurisdiction to entertain a suit for ejectment or in the City of Madras either to such court or to the Presidency Small Causes Courts, for an order that the landlord under the tenancy agreement shall be directed to sell for a price to be fixed by the Court the whole or part of the extent of land specified in the application."]
Clause (b) of sub-sec. (1) added by Madras Act XIII of 1960. [(b) On such application, the Court shall first decide the minimum extent of the land which may be necessary for the convenient enjoyment by the tenant. The Court shall then fix the price of the minimum extent of the land decided as aforesaid, or of the extent of the land specified in the application under clause (a) which ever is less. The price aforesaid shall be the average market value of the three years immediately preceding the date of the order. The Court shall order that within a period to be determined by the Court, not being less than three months and not more than three years from the date of the order, the tenant shall pay into Court or otherwise as directed the price so fixed in one or more instalments with or without interest.]
(2) In default of payment by the tenant of any one instalment, the application under sub-section (1) shall stand dismissed, provided that on sufficient cause being shown, the court may excuse the delay and pass such orders as it may think fit, but not so to extend the time for payment beyond the three years above mentioned. On the application being dismissed, the court shall order the amount of the installment or is installments, if any, paid by the tenant to be repaid to him without any interest.
Subs. By Madras Act XIII of 1960. [(3) (a) On payment of the price fixed under clause (b) of sub-section (1) the court shall pass an order directing the conveyance by the landlord to the tenant of the extent of land for which the said price was fixed. The Court shall by the same order directing the tenant to put the landlord into possession of the remaining extent of the land, if any, the stamp duty and registration fee in respect of such conveyance shall be borne by the tenant.

Explanation
" ˜Land' means the interest of the landlord in the land and all other interests which he can convey under any power and includes also the full interest which a trustee can convey under the power possessed by him to convey trust property when necessity exists for the same or the alienation of the property is for the benefit of the estate or trust]
Added by the Tamil Nadu Act 24 of 1973 [(3-A) Notwithstanding anything contained in clause (b) of sub-section (3) of this section or in Section 5 of the Madras City Tenants' Protection (Amendment) Act, 1972 (Tamil Nadu Act 4 of 1972), or any other law for the time being in force, the court which passed the decree or order referred to in sub-clause (ii) (b) (2) of clause (4) of Section 2, shall, on application made by the tenant referred to in that sub-clause within a period of two months from the date of the publication of the Madras City Tenants' Protection (Amendment) Act, 1973, reopen or review the proceedings relating to such decree or order and may pass a decree or an order that the tenant referred to in the said sub-clause, is entitled to the rights under this Act and pass such other supplemental, incidental or consequential orders as are the necessary for the purpose as if the Madras City Tenants' Protection (Amendmet) Act, 1973, were in force at the time at which the decree or order was passed]

NOTES
S.9 " Constitutionals valid " AIR 1964 SC 1440 " (1959) 2 MLJ 469 "
S.9 " Pendency of suit is necessary to invoke S-9-AIR 1963 MAD 369 " 1993 TLNJ 322;
S.9 " Existing of a building necessary " (1955) 2 MLJ 635;
S.9 " "Suit has been instituted " " meaning of " (1964) 1 MLJ 250;
S.9 " "Summons" " meaning of " (1964) 1 MLJ 323;
S.9 " Application " Tenant " procedure to be followed by court " AIR 1980 Mad 305;
S.9 " Delay in filling " when S " 5 of Limitation can be invoked " 1984 TLNJ 414;
S.9 - Rights under (1980) 1 MLJ 339;
S.9 " Applies to tenants and not to licensees " (1969) 2 MLJ 626;
S.9 " Suit by tenant for declaration about his rights under the Act does not lie - (1970) 1 MLJ 578;
S.9 (1) (b) " Price fixed by court - payment by tenant - grant of time " power of court " (1978) 2 MLJ 537;
S.9 " Tenant " erection of building by tenant " against covenant " His right to claim benefits - AIR 1966 SC 361;
S.9 " Amendment made in 1960 " Revision pending " Applicability of amended Act " (1962) 1 MLJ 254;
S.9 " Compensation " fixing of " relevant date- (1976) 1 MLJ 338;
S.9 " Tenant right to purchase or value of superstructure " Right is irrespective of contract to contrary " (1970) 1 MLJ 578;
S.9 " Tenant " agreement to surrender " building " AIR 1970 SC 1683;
S.9 - period of limitation " Tenants right to file " (1959) 1 MLJ 207;
S.9 " Sub lessee - applications by " lessee- Landlord is not a necessary party " (1958) 1 MLJ 310;
S.9 - Explanation " scope of " (1966) 1 MLJ 130;
S.9 - Explanation " "Trustee" " meaning of " 47, Mad 201;
S.9 " Application " Tenant " survives dismissed or withdrawal of suit " (1982) 2 MLJ 70.
S.9 " Suit in ejectment "resulted in decree " possession of tenant extended by 12 years from 1.1.52 Act was extended to the area " Tenant is entitled to file application " (1960) 1 MLJ 475;
S. 9 " Decree in ejectment - Appeal in High Court " Extension of Act " Application under S-9 can be moved in the High Court " AIR 1924 Mad 731;
S.9 " as amended by Act 24 of 1993 " Tenant delay in filing application " Filed before the Amending Act " Application maintainable " (1976) 1 MLJ 220;
S.9 " Though superstructure is in existence the entire land was leased out, most of it was not used. " Tenant entitled not to purchase " (1997) 2 MLJ 122;
S.9 " determination of value of land - Relevant date " extent of land to be allotted. " 1975 TLNJ 239;
S.9 " application by tenant u "S 9 as per unamended Act after delay of 60 days " deletion of proviso " of S " 12 " tenant "whether entitled " 1975 TLNJ 407;
S.9 " (As amended by Act 2 1996) " Applicability to pending CRPS " (1996) 2 LW 537;
S.9 " Application by tenant delay in filing of wrong advise by counsel regarding limitation " whether S.5 of Limitation Act applied. " 1976 TLNJ 21;
S.9 (1) & 9 (2) " Power of court to extend time beyond 3 years. " 1976 TLNJ 78
S.9. " Suit for possession " petition under Section " 9 : Application to take disposal of prior to disposal of suit " 1997 TNLJ 5;
S.9 " Exparte decree against tenant " set asode on terms "
S.9 " application within 30 days from the date of setting aside exparte decree but long after wards after being set exparte suit notice served by affixture. Period of limitation to be from the date of affixture " 1994'2) MLJ 478;
S.9 " Applicability of " see 36 " A of wakf Act " not a bar " 1986 (1) MLJ 342;
S.9 " Land belonging to wakf " Application of Act not excluded " (1973) 1 MLJ 74
S.9 " Lease of vacant site " superstructure " erection by tenant " Sale of superstructure without assignment of tenancy " Allotment by purchaser before 1955 " Purchase entitled to protection under the Act " (1966) 2 MLJ 340;
S.9 " Tenancy for non residential use Act extended to protect residential purposes only " Tenant cannot claim protection " 1986 (1) MLJ 368;
S.9 " Application not filed within time before amendment " within time after amendments " petition maintainable-1975-TNLJ 27;
S.9 " Wakf property " lease in excess of powers of mutawalli " objection that lease not binging on wakf as not being for its benefit on even supported by necessity whether amount to avoidance of lease - 1981 TLNJ 253;
S.9 " Application filed after expiry of 2 months from publication of amendment " effect of " 1979 (TLNJ) 319;
S.9 " Wakf property "non agricultural lease for a period over one year " validity of suit " for recovery of possession " tenant filing petition - u-S.9 of the Act of sale of superstructure " absence of proof that sale is beneficial " tenant whether entitled to benefit of S.9.
S.9 " Wakf property non agricultural lease of period of one year " validity of suit for recovery of possession " Tenant filing petition for sale for superstructure " whether entitled to benefit " 1983 TLNJ 365;
S.9 " Application " pending suit filed "dismissed " Remedy " can be agitated in the appeal " 1996 (II) MLJ 301;
S.9 " (as amended by ACT 24 of 1973 " Application by tenant u " S.9 as per unamended act after delay of 60 days - Trial court held that tenant not entitled to because of covenant in lease agreement in view of S " 12 deletion of proviso to S " 12 - Act 24 of 73 " effect of tenant whether is entitled " 1975 TLNJ 406;
S.9 & 11 " Tenant " Application " Belated Application- under sec " 9 rejected " became final " Tenants pleas of want of notice under S " 11 Right to object irregularity not a waiver " 1997 (I) CTC 298 ;
S.9 " Extended to Madurai City " tenant (Lessee of the site even prior to extension ) putting up superstructure " after the Act was extended to the city " whether tenant entitled to protection of the Act " 1972 TLNJ 131;
S.9 " Petition for ejectment " tenant application under S.9 of the Madras city tenants protection not ordered " Tenant failed to deposit the value of land is time whether landlord entitled to get possession automatically " 1972 TLNJ 482;
S.9 " Minimum extent of land " Convenienten joyment " necessary for " fixation of " date of order " relevant " 1992 MLJ 39 ; 1988 I LW 115 ; AIR 1987 SC 1273
S.9 " Theatre built on land " market value- Arrival of 1991 I MLJ 214 ;
S.9 " Tenant denying title " not proved- benefits " grant of " 1992 II MLJ 185;
S.9 " Injunction suit by tenant " counter claim by landlord for possession " limitation of filing petition under sec- 9 Reckoning of " 1993 (2) LW 483;
S.9 - minimum extent not decided " fixation of price- whether proper LW 319 ;
S.9 " as amended by Act 2 of 1980 " Interlocutory application " order " can be challenged in the Appeal " 1992 TLNJ 310;
S.9 (1) (a) (i) "Delay not condoned - Application cannot be entertained " 1988 TLNJ 155;
S.9 (1) (b) " Minimum extent of land " fixation of " convenient enjoyment by tenant " relevant factor 1987 TLNJ 318 ;
S.9 (1) (a) " Necessary conditions " ( 1968) 2 MLJ 83 ;
S.9 (1) (a) (i) " Application by tenant " conveyance " Not ordered deposit " Right of tenant to withdraw the application " (1979) 2 MLJ 463;
S.9 (1) " Suit " Tenant dies pending suit " Legal Representative " Rights " Legal representative " Rights under the Act " whether available " (1968) 2 MLJ 83 ;
S.9 (1) Sub tenant " rights under the Act " (1964) 1 MLJ 250 ; (1975) I MLJ 301;
S.9 (1) (a) " Order " Duty of court " (1974) 2 MLJ 172;
S.9 (1) (b) " The period of three years is to calculated from the date of the order under this provision and not any other order " (1980) 2 MLJ 331;
S.9 (1) Delay in filing application. Whether S " 5 of Limitation Act can be invoked " 1973 TLNJ 253;
Added by Madras Act XIII of 1960 [
9-A. Appeals " Section 9-A was renumbered as sub-section (1) of 9-A and sub-section (2) was added by the Madras City Tenants Protection (Amendment) Act, 1965 ( Tamil Nadu Act 37 of 1965) [(1) An appeal shall lie from an order passed by the Court under section 6, section 7, section 7-A or section 9 to the Court to which an appeal would lie from any decree passed by the former Court and the decision in such appeal shall be final:
Provided that from an order passed "
(i) by the Chief Judge of the Presidency Small Cause Court, an appeal shall lie to the High Court, and
(ii) by any other Judge of the Presidency Small Cause Court, an appeal shall lie to the Chief Judge.
(2) Subject in other respects to the provisions of the Limitation Act, 1963 (Central Act 36 of 1963), the period of limitation for an appeal from an order in any of the cause specified in sub-section (1) shall be,
(i) if such appeal lies to the High Court, ninety days from the date of the order and
(ii) if such appeal lies to any other court, or to the chief Judge of the Presidency Small cause Court, thirty days from the date of the order.]

NOTES
S.9 " Applicable to pending proceedings " (1966) 1 MLJ 130;
S.9 A (1) " Order revisable " 90 LW 304;

10. Application of Sections 4,5,6,8 and 9 to certain suits and application. "
These words and figures were substituted for the words and figures "sections 4,5,6 and 8 " by Section 8 of Madras Act VI of 1926. [ Sections 4,5,6, 8 and 9 ] shall apply to suits in ejectment and applications under section 41 of the Presidency Small Cause Courts Act, 1882, which are pending or in which decree for ejectment or orders under section 43 of the Presidency Small Cause Courts Act, 1882 have been passed. Substituted by section 7 of the Madras a city Tenants ˜ Protection (Amendment) Act, 1955 (Tamil Badu XIX of 1955) [but have not been executed in the area in which this Act is in force on the date of Publication of the Madras City Tenants Protection (Amendment) Act, 1979 in the Tamil Nadu Government Gazette, before the said date, and any other area, before the date with effect from which this Act is extended to such Area]
(2) In suits in which decrees for ejectment have been passed, the amount of compensation due shall on the application of the tenant be ascertained in execution and a fresh decree passed in accordance with section 4.
(3) In cases in which orders passed under section 43 of the Presidency Small cause Courts Act, 1882 are pending Substituted by Tamil Nadu Act 11 of 1980. [ on the date of publication of the Madras City Tenants Protection (Amendment) Act, 1979 in the Tamil Nadu Government Gazette], the court shall, on the application of the tenant, recall such orders, ascertain the amount of compensation and pass an interim order under section 4.

11. Notice before institution of suits or applications against tenants "
No suits in ejectment or applications under section 41 of the Presidency Small Cause Courts Act, 1882, shall be instituted or presented against a tenant until the expiration of three months next after notice in writing has been given to him requiring him to surrender possession of the land and building, and offering to pay compensation for the building and trees, if any, and stating the amount thereof.
Substituted for the original paragraph by section 8 of Tamil Nadu Act XIX of 1955 [ A copy of such notice shall at the same time be sent, in the case of property situated in the City of Madras, to the Commissioner of the Corporation of Madras, or, in the case of property situated in any [ Municipal town, Added by Tamil Nadu Act 11 of 1980 [ township ] or village ] to which this Act is extended, to the executive authority of the Municipality, or Added by Tamil Nadu Act 11 of 1980 [township] or the executive officer of the panchayat, as the case may be, or any other authority as may be notified by the Government.]

NOTES
S.11 " Section is mandatory " conditions prescribed have to be complied with " (1960) 2 MLJ 351 ; (1982) 2 MLJ 70;
S.11 " Death of tenant " Notice to legal representatives - 1940 Mad 641;
S.11 " Notice to tenant only when he is the owner of superstructure - (1939) 2 MLJ 112;
S.11 & 9 " Recovery of possession " suit for " Notice under 11 invalid " maintainability of suit " Tenant filing petition under Section 9 " validity of notice questioned " 9 application also filed " does not amount to waiver. 1982 TLNJ 61;
S.11 " No notice under Section 11 " Suit cannot be proceeded with " Notice a condition precedent " 1997 I CTC 298;

12. Effect of contracts made by tenants
" Nothing in any contract made by a tenant shall take away or limit his rights under this Act Omitted by Tamil Nadu Act 11 of 1970.

NOTES
S.12 " Scope " Right to claim ( 1940 ) 1 MLJ 24. (PC)
S.12 " Sub tenant and his heirs " whether Act applies " 1974 TLNJ 128 : 87 LW 348
S.12 " (as amended by Act 4 of 1972 " Tenant does not include sub " tenant. 1974 TLNJ 128;
S.12 " Contract " scope and meaning of " 81 LW 325;
S.12 " Scope of " 83 LW 325;

13. Restriction on the application of the Transfer of Property Act. "
In its application to the City of Madras, Inserted by Section 9, of Madras Act XIX of 1955. [ and to any [ Municipal town, Added by Tamil Nadu Act 11 of 1980 [ township] or village] to which this Act is extended ] the Transfer of Property Act, 1882, shall to the extent necessary to give effect to the provisions of this Act, be deemed to have been repealed or modified.

This new Section was inserted by the Madras City Tenants ˜ Protection (Amendment) 14. Power to make rules. _
(1) The State Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the fees payable in respect of applications, petitions and appeals under this Act.
(3) All rules made under this Act shall be published in the Fort St. George Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(4) Every rule made under this Act, shall, as soon as possible after it is made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

Provisions of the Madras City Tenants Protection (Amendment) Act, 1964 Tamil Nadu Act 16 of (1964) not incorporated in the principal Act.

3. Certain pending proceedings to abate -
Every proceeding instituted by a landlord in respect of any non-residential building or part thereof situated in any municipal town specified in the notification issued under sub-clause (i) of clause (1) of section 2 of the principal Act as amended by this Act and the villages within five miles of such municipal town and pending before any court or other authority or officer on the date on which the said notification takes effect shall in so far as the proceeding relates to any matter falling within the scope of the principal Act as amended by this Act in respect of such building or part, abate, and all rights and privileges which may have accrued to that landlord in respect of any such building or part and subsisting immediately before the date on which the notification aforesaid takes effect shall, in so far as such rights and privileges relate to any matter falling within the scope of the principal Act as amended by this Act, cease and determine and shall not be enforceable.
Provided that nothing contained n this section shall be deemed to invalidate any suit or proceeding in which the decree or order passed has been executed or satisfied in full before the date on which the notification aforesaid takes effect.

Provision of the Madras City Tenants Protection (Amendment) Act, 1965 (Tamil Nadu Act No. 37 of 1965) not incorporated in the principal Act.

4. Saving of limitation in certain cases. "
Notwithstanding anything contained in sub-section (2) of Section 9-A of the principal Act, as amended by this Act, in the case of an appeal from an order passed by a court under section 6, section 7, section 7-A or section 9 of that Act before the date of the commencement of this Act, the period of limitation shall be "
(i) thirty days next after the date of such commencement of this Act, the period of limitation shall be "
(ii) the period prescribed for such appeal under sub-section (2) of the said section 9-A, whichever period expires later.

Certain provisions of the Madras City Tenant's Protection (Amendment) Act, 1972 (Tamil Nadu Act 4 of 1972 ) not incorporated in the principal Act.
Substituted by Tamil Nadu Act 24 of 1973 4. [ Certain stipulations to be and to be deemed to have been null and void ] " Notwithstanding anything contained in any judgment, decree or order of any court or other authority to the contrary, any stipulations made by a tenant in writing registered as to the erection of buildings, in so far as they relate to buildings erected after the date of the contract shall, to the extent such stipulations take away or limit his rights under the principal Act as amended by this Act, be and shall be deemed always to have been, null and void and accordingly the tenant shall be, and shall be deemed always to have been , entitled to the rights under the principal Act as amended by this Act.

5. Section 3 and 4 not to apply, if the landlord has already taken possession -
Inserted by Tamil Nadu (Amending) Act 24 of 1973 [ Subject to the provisions of sub-section (3-A) of Section 9 of the principal Act, as amended by the Madras City Tenants Protection (Amendment ) Act, 1973] The amendment made to section 12 of the principal Act by section 3 of this Act and the provisions of Section 4 of this Act shall not apply to any case where the landlord has, before the date of the commencement of this Act, Substituted by Tamil Nadu Amending Act 24 of 1973 [ been delivered actual physical possession ] of the land and building from the tenant.

Certain provisions of the Madras City Tenants Protection (Amendment) Act, 1973 (Tamil Nadu Act 24 of 1973) not incorporated in the principal Act.

Certain provisions of the Madras City Tenants Protection (Amendment) Act 1980 (Tamil Nadu Act 2 of 1980) not incorporated in the principal Act.

9. Savings "
Anything done or any action taken (including any suit or proceeding instituted, decision or direction given, decree or order passed and any rights enjoyed or liability incurred) under the provisions of the principal Act on or after the 9th January 1974 and before the date of the publication of this Act in the Tamil Nadu Government Gazette. On the footing that the principal Act was in force at the relevant time in the townships of Kodaikanal, Avadi , Kathiwakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam, and Mettur shall be deemed to have been done or taken under the provisions of the principal Act, as amended by this Act, as if this Act had been in force at the relevant time.

10. Certain pending proceedings to abate "
Every proceeding instituted by a landlord in respect of any residential or non-residential building or part thereof situated in the townships of Kodaikanal, Avadi , Kathiwakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam, and Mettur and pending before any court or other authority or officer on the date of the publication of this Act in the Tamil Nadu Government Gazette, shall, in so far as the proceeding relates to any matter falling within the scope of the principal Act, as amended by this Act, in respect of such building or part, abate, and all rights and privileges which may have accrued to that landlord in respect of any such building or part and subsisting immediately before the said date shall, in so far as such rights and privileges relate to any matter falling within the scope of the principal Act, as amended by this Act, cease and determine and shall not be enforceable.
Provided that nothing contained in this section shall be deemed to invalidate any suit or proceeding in which the decree or order passed has been executed or satisfied in full before the said date.

Certain provisions of the Madras City Tenant's Protection (Amendment) Act, 1996 (Tamil Nadu Act 2 of 1996) not incorporated in the principal Act.
3. Every proceeding instituted by a tenant in respect of any land owned by any religious institution or religion, charity belonging to Hindu, Muslim, Christian or other religion and pending before any court or other authority or officer on the date of the publication of this Act in the Tamil Nadu Government Gazette, shall in so far as the proceeding relates to any matter falling within the scope of the principle Act, as amended by this Act, in respect of such land, abate, and all rights and privileges which may have accrued to that tenant in respect of any such land and subsisting immediately before the said date shall in so far as such rights and privileges relate to any matter falling within the scope of the principal Act, as amended by this Act, cease and determine and shall not be enforceable;
Provided that nothing contained in this Section shall be deemed to invalidate any suit or proceeding in which a decree or order passed has been executed or satisfied in full before the said date.
Tamil Nadu State Acts


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