points regarding to notice

Tenant cannot be told to pay arrears after eviction proceedings:



Now a tenant cannot be directed to pay arrears after being ordered evicted on the ground of wilful default under the rent laws of Tamil Nadu.



A recent judgment delivered during February 2009 by the Madurai Bench of the Madras High Court has clearly reversed the order passed by the Rent Controller.



In an eviction proceeding, the Rent Controller ordered the tenant to be evicted with a consequent direction to pay arrears of rent. Though the tenant handed over the premises did not comply with the direction to pay the rental arrears. The landlord filed a petition to arrest the tenant for not complying the direction of the court to pay the arrears of rent.



The Rent controller ordered the arrest of the tenant. This was challenged by the tenant before the High Court, which has now ruled that the “rent controller could direct tenants to deposit arrears only as a pre condition for participating in rent control proceedings and not otherwise”.



Setting aside the order passed by the Rent Controller’s for arrest of the tenant the High Court has also ordered that the only remedy for the landlord was to file money suit before competent court for recovery of arrears of rent.



This judgment in one way has clearly ordered the statutory authority to function within the four corners of the statute and not travel beyond that. But this would multiply the proceedings as the landlord has been ordered to take a separate recourse to filing of civil suit for the recovery of arrears of rent. This judgment would clearly affect the rights of the innocent landlords as they are now forced to file the civil suit and wait for long period to recover their money from the tenants. A more simplified and short process is necessary for innocent landlords to recover their money from the tenants who refuse to pay arrears for months and years together. Or otherwise the statute may be amended to confer powers on the rent controller itself to direct payment of arrears of rent so that prolonged litigations can be avoided among tenants and landlords.