The Madras City Tenants Protection Act, 1921

(1) This Act may be called the Madras City Tenants' Protection Act, 1921. (2) (a) It extends to,— (i) the City of Madras; (ii) the townships of Kodambakkam, Avadi, Kathivakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam and Attur. (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; (iii) any specified village within eight kilometres of the City of Madras, or of the township referred to in sub-clause (ii) of clause (a), or of such other municipal town referred to in sub-clause (i) or township referred to in sub-clause (ii). (3) 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 to the Tamil Nadu Government Gazette, only to tenancies of land granted before that date; and (b) in any other areas, only to tenancies of land granted before the date with effect from which this Act is extended to such area by notification under clause (b) of sub-section (2). (bb) in any township, by the township committee constituted under the Tamil Nadu Act X of 1950, or of a panchayat or panchayat union constituted under the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act of 1958), by the panchayat or by the panchayat union concerned. (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. (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 shall abate. 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. (1) This Act may be called the Madras City Tenants' Protection (Amendment) Act, 1979. (2) The provisions of this Act, except sections 9 and 10, shall be deemed to have come into force on the 9th January, 1974. (1) This Act may be called the Madras City Tenants' Protection (Amendment) Act, 1994. (2) It shall come into force at once.

In this Act, unless the context otherwise requires,— (1) "Building" means any building, hut or other structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever used— (i) for residential purposes only, in any other area, includes the appurtenance thereto. (i-A) [Clause inserted by 1926 Amendment] (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 at the time or since the time when he or 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 land [and of any improvements which may have been made by him]. In the long title of, and the preamble to, the Madras City Tenants' Protection Act, 1921 (Tamil Nadu Act III of 1922) (hereinafter referred to as the principal Act), for the words "municipal towns", the words "municipal towns and townships" shall be substituted. In the long title of, and the preamble to, the Madras City Tenants' Protection Act, 1921 (Tamil Nadu Act III of 1922) (hereinafter referred to as the principal Act), for the words " municipal towns ", the words " municipal towns and townships " shall be substituted. In section 1 of the Madras City Tenants' Protection Act, 1921 (hereinafter referred to as the principal Act), in sub-section (3), in the first proviso, after clause (e), the following clause shall be added In section 1 of the Madras City Tenants' Protection Act, 1921 (hereinafter referred to as the principal Act), in sub-section (3), in the first proviso, after clause (e), the following clause shall be added, namely :- "(f) by any religious institution or religious charity belonging to Hindu, Muslim, Christian or other religion. Explanation. - For the purpose 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 :".

Every 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 land and of any improvements which may have been made by him. In section 1 of the principal Act,— (i) for sub-section (2), the following sub-section shall be substituted, namely :- "(2) (a) It extends to,— (i) the City of Madras ; (ii) the townships of Kodaikanal, Avadi, Kathivakkam, Ambattur , Madhavaram, Bhavanisagar, Courtallam and Mettur. Every proceeding instituted by a tenant in respect of any land owned by any religious institution or religious 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 principal 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 on the date 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, shall not be enforceable : Provided that nothing contained in this section shall be deemed to invalidate any proceeding in which a decree or order passed has been executed or satisfied in full before the said date.

(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. (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. In section 2 of the prillcipal Act,- (i) in clause (I), in sub-clause (i), for the portio~l beginning with the words "or such other muuicipal town" and ending with the words "town afores 1io9', the following shall be substit~ted

(1) The compensation awardable under section 4 shall be the value of the building and trees 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. (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 date of 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. In item (i) of clause (a) of sub-section (1) of sectioli 9 of the principal Act, for the expre~sion " within one month of the date of the Madras City Tenants' Protectioil Act (Amendment) Act, 1955, coming into force or of the date with effect from which this Act is extended to tJ~e municipal town or village in which the land is situate ", tl~e f01- lowing shall be substituted

(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 or 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 twenty-five naye 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. In section 10 of the principal Act,- (i) in sub-section (I), for the expression "in the City of Madras, before the comrnencemcnt of the Madras City Tenants' Protection (Amendment) Act, 1955, and in any municipal town or village, before the date with effect from which this Act is extended to such town or village9', the following shall be substituted, nn~u~ely :- " in the area in which this Act is in force on the date of the publication. of the Madras City Tenants' Protection (PAnlendment) Act, 1979 in ttle 7bmll Nndu Goverlzrnent Gazette, before the said date, nrld ita any other area, before the date with cffect Srull? uhich [his Act is extended to such area " ; (ii) in sub-section (3), for t!ie c\i.:ciision 'at tb commencemr=n t of the Madras Ci t 1 'I'c:~ ~ a t s "~ratcctian (Amendment) Act, 195' " file c t pr ~ % + ~ i + % n " un the &@ of the publication of thc &ladr;i> C!!,, I cxmts' Rolt&oa (Amendment) Act, 1979 in the 7i~mil .'.d.i~ G o r m ~ y n t Gazette" shall be substituted.

A landlord may apply by a petition 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 for the time being. Provided that the rent previously payable for the land shall not be enhanced by more than twenty-five naye paise in the rupee. In section 11 of the principsi .'\i;, (i) for ihe words " i(;:. :,- ;..i :. ", the words "inunicipal ~w::s!~i;"; (ii) for the tiford " mu11icip;ilit~ or toivnbhip " .:.Ji bs wi.n;nuw,.

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 on 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 deems reasonable.

An order passed by a Court 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. In section 13 of the i';:.:;:~! t;:. f r the words " muiiicipal tow11 or vill:igc . #he xdl " =*pal " " mnunicipal town, township or. village ";;I: b: s.;hian%&

(1)[(b)(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 (Central Act XV of 1882) has been taken by the landlord or whether or not such suit or proceeding is pending on the date of the 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 Cause Courts Act, 1882 (Central Act XV of 1887) 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 Cause Court, 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. (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), whichever 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 clause (a) of 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 as 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 instalment or instalments, if any, paid by the tenant to be repaid to him without any interest. (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. (1) (a) Any tenant who is entitled to apply under section 3, may at any time within one month after the service on him of any such notice as is referred to in section 11, or of any summons in a suit for ejectment, apply to the court 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. (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), whichever 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 clause (a) of 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 as 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 instalment or instalments, if any, paid by the tenant to be repaid to him without any interest. (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 direct 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. (b) On the order referred to in clause (a) being made, the suit or proceeding shall stand dismissed, and any decree or order in ejectment that may have been passed therein but which has not been executed shall be vacated. 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. (4A) Notwithstanding anything contained in clause (b) of sub-section (3) of this section or in section 3 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) (6) (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 time of the publication of the Madras City Tenants' Protection (Amendment) Act, 1972, 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 necessary for the purpose as if the Madras City Tenants' Protection (Amendment) Act, 1972, were in force at the time at which the decree or order was passed. 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 Kodai-kanal, Avadi, Kathivakkam, 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. Anything done or any suit or proceeding instituted or any decree or order passed and any act or thing done or liability incurred under the provisions of the principal Act, on or after the 9th January 1974 and before the publication of this Act in the Tamil Nadu Government Gazette, on the footing that this Act was in force 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.

(1) An appeal shall lie from an order passed by a 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 cases 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.

(1) Sections 4, 5, 6, 8, 9 and 9-A shall apply to suits in ejectment and applications under section 41 of the Presidency Small Cause Court Act, 1882 in respect of buildings or parts thereof in any area 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, before the said date, and in any other area, before the date with effect from which this Act is applied. (3) In cases in which orders passed under section 41 of the Presidency Small Cause Court Act, 1882 have not been executed before the date of the publication of the Madras City Tenants' Protection (Amendment) Act, 1955 in the Fort St. George Gazette, the tenant shall be entitled to apply under section 9 within one month after 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. Every proceeding instituted by a landlord in respect of any residential or non-residential building or part thereof situated in the township of Kodaikanal, Avadi, Kathivakkam, 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. 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 procaedicg relates to any m3ttcr falling within the scope of the principal Act, as amended by this Act, in respect of such building or part, abate, and ail rights and privileges which may have accruzd to that landlord in respect of any such building or part and subsisting immediately before the said date shall, in so far as suchrights and pri7lilegz: r:!ck ?a any matter falling within the scope of the principal Act, as drnc~dsd by this Act, cease and determine and shall not be enf~rceable: Provided that nothing contained in this section shall he deemed to invalidate any suit or proceeding in which the decree or order passed bas been executed or satisfied in full before the said date.

(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.

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, Kathivakkam, 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.