PANKU DEVI Vs. R.MANGILAL RANKA

JUDGEMENT

(1.) A challenge has been made to the order of the Rent Court and Appellate Court in ordering eviction.

(2.) The revision petitioner is a tenant under the respondents and a monthly rent of Rs.960.00 had been fixed in the year 2007. According to the petitioner, after introduction of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (in short 'the Act, 2017'), the respondents did not come forward for executing an agreement as mandated under law. As there is no written agreement entered into between the parties, eviction was sought under Ss. 21(2)(a) and 23 of the Act, 2017. The Rent Court ordered for eviction of the revision petitioner, against which, she had filed an appeal, wherein the order of the Rent Court has been upheld and challenging the same, the instant revision petition has been filed.

(3.) Learned counsel for the revision petitioner submitted that as far as the old tenancy is concerned, registration of document is not mandatory and it is the duty of both landlord and tenant to enter into an agreement in respect of the tenancy already existed. He further submitted that though the revision petitioner was ready to execute the agreement, it was the landlords, who did not agree for execution, as they were interested only in enhancement of the rent. In that circumstances, the agreement could not be executed and according to him, the Courts below did not consider Sec. 4(2) of the Act, 2017 in its proper perspective.