Saturday, April 14, 2012

Whether a tenant can invoke Section 8(5) of TN Rent Control Act on mere refusal to receive the rent by the tenant?

M. Doss and Anr vs A. Sankar ( 2010) 4 TLNJ 557 (Civil)

Tamil Nadu Buildings (Lease and Rent Control Act 1960) Section 8, 10(2)(i) - Eviction petition filed on the ground of wilful default and different user - Rent Control ordered eviction on the ground of wilful default - appeal by tenant to the appellate authority dismissed - On revision under section 25 of the act, High Court opined that mere refusal of the landlord to receive any rent cannot justify tenant to invoke Section 8(5) without following procedures stated in the sub-sections - such deposit will not also protect tenant against actions on the ground of wilful default - Civil Revision Petition dismissed.

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