LexThe Madras City Tenants Protection Act, 1921
Tamil Nadu · state statute
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The Madras City Tenants Protection Act, 1921
Act 3 of 1922
Keyword(s):
Land, Landlord, Tenant, Class of Tenant
Amendments appended: 13 of 1960, 16 of 1964, 37 of 1965, 4 of 1972, 2 of
1980, 2 of 1996
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2 City Tefimts' Protection f1922 : T.N. Act IlI
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'[TAMIL NADU'J ACT So. 111 OF 1922 a.
(Receiver! the assettt of the Governor on the 3rd
Ju~zucrry 1922 aitd fFlrt of flze Governor-General on
the 8th Febrcmr, 1922 ; the assntt of the
Gnverrior-Genercrl lvcrs first plrblislaetl irr the Fort
St. Grorge Gc~zc!tc of the 21st Fchrrmrj, 1922.)
tection to certain classes of tenants
sknd adjoining areas in !Be '[State
1 These wolds !vote substituted for rhe \cord .'Madras*' by the
Tamil Nadu Adaptation of Laws Order. 1969, as amended by the
'Tamil Nadu Adaptation of Laws (Second Amendmert) Order, 1969,
whicncan~eint~ forceon the 1-lth January 1969.
2 ForSt,~tement or Objcclsnnd Reasons,see Fort 9.Gcorge Gazette,
dated th~ 26th July 1921, Pope 1491 ; for Report of the Select
Committee. ye ibid, daJed the 16thAug~st 1921, pages 1493-1499 ;for
proceedings 111 C""oc11, scf Proierd~ngr of the Madras I,cgislativr
~oc,stcrl, \'~dnrne . L, pages 23-35 and Velume 111, pages 962-1005,
1377 ana 1.136-1457.
So ~~lt~cll of tnis Act ns was irl force oli \;,c i.,c conilnence-
nlent of tile 'l'amil N;tdu (Athied Tenitor ies) Extension of ~aws ~ct,
1962 (Tamil v:rt!u Act 14 01' :962) in the Si.ite of hliidras cxcept in
lllZ added tcrrllol leS WilS c~lcl:tlcd to ttlc ;lc1c1ia ler.!.i!!,: i -s by sccfion
.; (,l,;~,,({ t\,,~ l~~l~~l!;cflcc.~~ilcl~~,!ll~:l~:l:~,l :\<.I,
1,1~1~~1) ol'tl~is Act (1:. \\ ;ls in fl.1-cc (.I: tlic c!;t:c of ilic~.oll~mcr~c~-
nlcl,t of tf,d,l'3~~!~if Natlu ('l'l~;rll~fcrr~ (1 l'wr itory) txlc~~~io~l of Laws
i\c,, 1005 i-nir;~I N;ul~l Act 2' of 1965) i~, tile State oj. hl;~~tl.i~s cxccpt
in ii,c, trnn.;l\.~'l.ccl tevrilor). n;ls cxlnlt!cd 10 tl~c t~.al~c,fer.rcct (crritory
cL)nlpr ihillb t11u b'.:~ny:~k~ll~~:l~i (lib1 ~icl i111ti I 1.x ~!tc~~co~~;!ll tiIlt1k t~f
,,lu 'l.irrlltcI\cli tliblrict by ~~~c~i~rn 3 of, :III,~ the T'irst ~rilc.,[ulc 10, ,llc
I.ittci' Act.
r,
a'rjleso words wverc subrtitu!cd for ihc words. <'ill [he City of
Madras " by httb-scclio~~ ( 1 ) Xctio~l' of tllc Matii.;~s Cily Tctlants'
j>rotcctiol: (Al~lcndn~cnt) Acl, 19.55 (T;~nlil N::;\~LI Act SIX of 1955).
s~hi, ~xprcbsion M;I\ ~~~Bsriruted for the expremio~~ "Statcif
Madras '* I>y 111c 'Tamil Ndtlu Adapta!ic>n ol Laws Ortlcr, 1969, as
aruended by I ho Taniil Ni~dli Adaptation of Laws (S<cond Amend)
merit O~lcr,) 1909, W'lllCll Citlllc inl0 I'orcc On Ihc 141 h lil~lu;&ry 1969.
\. 1.
n (2) (a) It axtitndr to,-- fl i S~PT
7r*Aq80
(iJ tha City of Yidras;
(113 the tmahip of ~od~ikmal, Avadi,
KR th iwakkan, An&-ttur, Mndhava ra Bhavan ilaga
C ourtalan and,.Msttur.
<I'
(bi) The Stat9 G@v@rnnmt ER y, by n~tific
t? ths Taail Nadu Govarn:?ont Gazrtte, extond
this ~ct with offsct frnn such data as !my M
s ~ocifiad in tha nrtificatirn h,--
(i) any &har micipl town;
(iiq aqj? oth~r tm%hi?; âŽT
(iii) a?y np9cifird vilhge within aight
Irilrn~tras (6 tha City nf Madras, rz- of tho
tor,nship rofdrrad to in sub-clnu.ra (Lid cf
clauno (a), or of ~uch cthar naniciml tcwn
rafsrrrd to in nub-fclnur~ (i) or t~nshiP
r,gfjrrad tc in nulrclaurr (ii\).";
SLv3 Trcn 21m rt~hi~ kct shqll apply,--
(,) i~ th4 arwb L? which thir Act is in
fcrco m thu dat@ of thd %blicntim cf tho
Madras City Tdnantr ' Prctituctirn (,$:wfidnant )
A&, 1979 tq tho Tamil Nndu GcVilmnmt ~?z.~tte,
mly to tanrrqci~~ of land crantod bofero tmt
data; and
(b) in any cthm traraa, ndy tr tonancios c-6'
. , lad craatod bsfora tha dat* with sf fact from
4
which thF8 Act is rxt-dad ts such araa by
sot ific~tlm und~r claus3 (b) of sub-aectim (21 \
(bb) in any tnunship, by ths tamship
c~mittsa crn~msd;~;
.,.- -41 P.-l .------ ---- ----.. - -
'('[~amjl Nadu] Act X of 1950), or of a panehayat or
panchayat union constituted under the '[Tarnil Nadu]
Panchayats Act, 1958 ('[Tamil Nadu] Act of
. 19581, by the panchayat or by the panchayat union
~0~11~11 concerned,
_For the ~~rgose of this ~l*~~*-
![(4) he State Government may, by notification
in the Fort St. George Gazette, cancel any notification
issued under sub-section (2), but the cancellation shall 4-
not be deemed to affect the power of the State Govern-
(5) Where a notifimtion is issued under sub-
section (4), every proceeding pehding on the date of
the publication of such notification and instituted under
the provisions of this Act as extended by virtue of the
Provided that nothing contained in this sub-
I
section shall be deemed to invalidate any suit or pro- ; !
I
ceeding in ~hich the decrce or order passed has been I
executed or satisfied in full beforc the date mentioned in . !
dhjs sub-section.
IT
(6) Every ~iolification issued under sub-section
(2) or sub-section (4) shall be laid before the Legisla-
ture, if it is sitting, as soon as may' be after the issue of
I the notification, and if it is not sitting within seven days
of ils re-assembly, and thc Statc Government shall scek
the approval of the Lcgislalure to 11 ilotifica tion by a
rcsolvtion moved within period of #teen days bcgin-
ning with the day on which the notification is so laid
before it ; and if the Legislature makes any modi-
fication in the notification or dire~ts that the
notification should cease to have effect, the
aotification shall thereafter have effect only in such 1
r"
modificd form or be of no effect, as the case may be,
but without prejudice to the validity of anything
. prcviouhly done tl~ereunder .) kc. 7.
I- 1Sub.scctions (4) to (6) were added by section 2 (ii) of the Madrils
City Tenants* I'rotection (Amendment) Act, 1960 (Tamil Nadu AC
13 of 1960).
~efinitions. 2. ~n tb ~ct nnlPco :, ,-.4.; .---A:.-. 1-
skp Tdh a/&
in the tm:.hi~ nf ~odawal, Avadi,
'
Kath iwaul, &bat-, Madhavaral, Ebvan isagar,
~~~~t~llan ad ~ottur, or FQ such
,, twfiahi af rr~s2 id;'' i
.- ---WlllWl) .- .--r..v.IJU117W) :-
" (1) ' Bsding ' means any building, hrlt or other structure, whether of masonry, bncks, wood, mud, metal or any other material
whatsoever used-
(ii) for residential purposes only, in any other. nrcn,
~~lcludes the sppurtenance thereto. "
ThepresentcJause wassubstituted I'or Ihesaid c~gu,~,,~ so 3c,bs,i- t uld by section2 oftheMabasCityTe11ii111~'l'rotct (Alnclldlllcnt)
Act, 1964 (Tamil Nadu Act 16 of 1964).
[Section Y of the Madras City Ten~nts' Protccllull (i~rl,cl,~ne,,,)
Act, 1960 (Tmil Nadu Act 13 of 1960) and sectio113 of tjlc ~~d~~~
City Tenants ' Protection (Amendment) Act, 1961 (Taml/ ~~d~
I6 of 1964) pmided for the abatement of ccrtaln proceedings Pending
bcfore courts in respect of non-residentiirl buildings.]
*Every local area, which ipme$ately, before the jst M~~ wasconstituted as the Madural Munlcipollty under the Tamil ~~d~
District Municipalities Act, 1920 ( Tmil Nndu Act v (,,; ~9~~),
wasdeemedto bethecity of Madurhi under cltoh.~at,lua, city
Municipal CorPoratlon Act, 1971 (Tandl Nfldu Act 15 of 1371) '
Please sees~tion 511 of Il~o latter Act lead w~tll rule 2 in schedul;
411 thell
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(b) any pcrson who was a tenant in respect i
I
of such land undcr a renancy agreement to which this
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~ct is applicable under sub-scction (3) of section 1 and
who or any of his predecessors in interest had erected I
-.._- - -.-_--I
1Clause (I-A) was inscrtcd by scotion 2 of the Madras City
Tcli;ultb' IDrotcct ion (Amcndmcnt) Act, 1026 (Madras Act V1 of 1926).
?'his clause was subbtituted for. the orig:nal clau-e (4) by
section 3 (ti) of the M:ldrils City 'I'cnantc' Protection (Arnend- 1
merit) Act, 1960 (Tamil Nadu Act 13 of 1960).
3This sub-clause was, and was deemed always to have been.
substituted for the following sub-clause, by section 2 of the Madras
Cjty Tenantsp Protection (Amendment) Act., 1973 (Tamil Nadu
Act 24 of 1973):-
"(ii) includes-
=
titutsdundrr tho &dm. TmrhipAct, 1940 ( 1
(Taxi1 Nadu ~ct XI d 19403, tho Cmrtelkm I
Tmshfp Act, 1954 (Tamil Nadu &ct xVI d 19543,
the Bhavanisagar Township gct, 19% (Tanil
Nadu ⁣t.XXV of 19549, clr sactim 4 uf tho
Tanil Hadu Paqchayrt* AC~, 1958 (Tamil Madu
net rn of 19~~, w any otLr tmship
c mstitutad u~dor any crthar law for th@ 1
t ima bsfng in fcrce,", ;I at tae rime or rue t;jeurmttnr WJIU utrlveu iltle lrom
either of them, and for which compensation has not
already been paid. A tenant who is entitled to com-
pensation 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 improvemenls
which lnay have been made by him].
4. (1) In a suit for ejectment against a tenant in Di~~ia' which the landlord succeeds, the court shall asrerhin suits for
cjectmcnt, the arnount of compensation, if any, payable under
section 3 and the decree in the suit shall declare the
(3) If in such suit or application the court finds
that any sum of money is due by the tenant to the land-
lord 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 ihe case
'
may be, and shall pass a decree or interinz order declar-
ing as the amount payable to the tenant on eject-
ment 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 iiirerim order under sub-
section (2), o~if no application it; made under scction 6,
the suit or application. as thc case may bc, shall
stand dismissed, and the landlord shall not be entitled
to institute a fresh suit for ejectment, or present a
fresh application for recovcry of possession for a period
of five years from the date of such dismissal.
5. (1) The compensation ,awardable under section ~,,,,,,i~,,
4 shall be the value ot the building and trees ][and of thqlcom-
of any im rovenlents which n~ny have been madc by pensatton nnrnrdshlc the tenadon (115 date of the decree or inrn.;,,, c,r~ie,-, ~lnrcrsrtion
as the case may be.
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1 These words were inserted by section 3 (6) of the Madras Ciry
onants' Protection (Amendment) Act, 1926 (Madras Act VI of 1926).
. -
t 6 (3) If, on account of any cause for which thc
temn t is responsible, the building, for which compen-
sation has been adjudged under section 4, is destro-
yed or has deteriorated in value between the date of
the decree or interim order and the date of ejectment,
thz courtc may, on application by the landlord, pass
an order directing that he be placed in possession
without paying any compensation, or on pciymcnL
of the amount determined on a revaluation of the buil-
ding as the case may be.
/
~)ctorrr~inatioa $. (1) If after a decree or irrteri172 order is passed of rent. undw section 4, the landlord is unable or unwilling to
yay the compensation ordered, he may, within three
months from the date of the decree or interim order,
apply to thc court to fix a reasonable rent for the
occupation of the land by the tenant and thereupo~~
tl~c court shall by its ortlcr fix such rcnt as it dccms
~usonabk :
Provided hat thc 1.cn1 previously payablc fol-
111.: land 511:tll not hc: et~h:tnccd b:. more tlurn
'It wv,:l~t>--five lln]'': pis(, ] in the rupcc.
(2) On ti12 pacsing of iu~ ordcr under sub sccrion
(1) the deci-cc or int~~rinz ordcr pa5sctl under secrion
4 sh;rll b; dcclnctl to 11'rvc b;cn v;ica~cci.
Application 7. b;l I:r~lcllord may appiy by a pccilion to the COUI.L
'Of .fwr landlord fixing hciving jurisdiction to enlcrtain a suit for ejec!mcnt
~hc rent. 'I.or, in the City of Madras, cithcr to such Court or 11)
the Presidency Slnall Causc Court] to fix a reasonable
%.be -..
l'rhesc words worc substitutetl for the fig11i.c and word "2 annns"
I,y sootion 4 of,ll~ M:~dr:~s City 'I'c~i.l~~t\' Prorcclion (Anlcntlmcn~)
~ct, 1960 (Tam11 N~du Act 13 ol' 1900)
ware substituted br the words "err to the Pro,idcncy
rtn by section 4 of the Madr;ls City Tcnants' Protcc-
t) Act, 1955 (Tamil Nadu Act XIX of 1955).
\
1922: T.N. Act IUJ City Tenants' Pro
eems reasonable :
ovided that the rent previously payable for the I
land shall not be enhanced by more than '(twenty-five
naye paise) in the rupze. i
1 2[7-A. A tenant may apply to the Court having Applica!iou I~Y
jurisdiction to entertain a suit for ejectment or, in the
CityofMadras, either to such Court or to thePresi-
I r
dency Small Cause Court, to fix a reasonable rent 1 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 thereupofl the Court shall, by its order,
fix such rent as it deems reasonable.]
8. An order passed by a Court 3[under section 6, Effect of order
section 7 or section 7-A] '(shall, subject to the provi- ~~7~$~-$',s
sions of section 9-A, ha~le effect as a decree in a suit
and fqr a period of five years thc rent FO fixed shall I not be revised nor shall the tenant bc liable to be evic-
ted for the said period). 1
I
9. (I) [(Ib)(i)J Any tenant who is cntitlcd to cornpen- Application lto
Court for satian under section 3 and agaiiut whom a suit in directing $he ejectment has been instituted or proceeding under landlord to
>ection 41 of he Presidency Small Cause Courts selliand. ,
---
' Thew words were substitr~ked for the figure and word "2
annas' by seotio?, 4 01' the Madras City Tenants? Protection I
(Amendment) Act, I!lGo (TCMIII~ Nndu Act 13 of 1960).
2 This ~~~tioll wct'i S~I~\I I(II(C~ hy %xtioll 5 {bid for section 7-A,
wl~cch was inserted by sect Ion 4 of 1 he Madms City Tenants* Protec-
~lon (An~cndmcnt) Act, 1926 (Madras Act VI of 1926).
., ., . . ,.-. - ---. ..,-..\JA&! S'Lae J ',L&Vll LblLtl~lb
is rct;.rrcd tc, in sub-clalrst: (iij (o) of clausc (4) of
scctio~~ 2 L)I. his I~cir., may witl~in a pcriod of two
nlolit11.i Froin ~Ilcdate of tllc- j~ublication of the Madras
Ci Tcitanri' Psotcction (.-\nlendment) Act, 1973apply
to ilic court [\\,l~cther or not a suit for ejectment has
been i~lstitl~tcci or- proceeding under scction 41 of the
P~,csidcncy :Slnall Cause Courts Act, 1882 (Central
Act S\' of 18S-7) has hztn taken by the landlord
01. \\lleth;lr 01. II(I; sucll stlit or proceeding is
p.:rlttit121 h:i\.il19 jarisdiction to enlcrLa;n a si~it for
c,ic.ctll1c1~t or ill IIIC ('; 1:: i\f blit(11.:1s eitjl~r LO
SLIL*(\ c<>l8i.t (,I. 10 Lli~ Prcb~dcncy Sl11;\11 C~USL' CUUI.~,
. .. - -- . ~ .- --- ..- . --
1 rllc;,,. .8.~~t,0, ,!L,IC ,.!bstiti~~~~tl for(lic I\CIILIS ''IiUtccr~ cl:~y\" hy
,2~11,,11 ti of' tiis hl.icl~.;i\ Ciry TL.~:~~II\' I'rolc~t~t~n IAmcntlmcnl) Acl.
lqt20 [Al::cl~.ii\ :\<[ \I! 01 IO20~.
l'Iic\t: V.OI.J\. I~I..IL!,. I, .it1<1 1ig11i.c~ \\L,I.c \t~I>slit~ttcd for 111~
\\i~~.<li '.:iflsl. IIIC <I;LIC ill 1111'~ ,\ZI ~,~~ning illto I'o~'cc" by sccric~r~ (I ol'
IIIC ;\l,ill~.,ts City 'l'c~,a~ils' I'rotcci~~rn ~Anlz~itli~rcn~) Acl. 1055 ('l':tnlil
N.11111 Act XIS 1055).
.: rlicsc \voc.tIs \\.~.rc substt~utctl for ~hc tvol.dt "lo scll tltc I;trld
;i pi.icc to Iic lixctl Ih! lllc (.<lttrr" hy ssclior~ R (i) ((I) of Ihc ~I;I<IV:L< Cily '~L-II,II~[\' I'I.,,ICC[~<~II (~irl~c~i~I~iic~~[) Act, 1960 (Tit111iI
N,I~III :\cl 13 01' li)60).
t'fllc Soil~wictg sctttcnce \\-;I.; onlilted (1). hoclion 6 (i) (/IJ, ihi(/:-
', l'l~c court s11:tll lix the price itccording to t hc lowest niarkct \,alilc
l,~~v;ilc~i~ witliit~ so'cn years prcccding the d;~lc of the order ar~d sllall
O~.(lc~. tlliit, witlli~l ;t ~)cr~od 111 hc (Ict~rt~~io~~l Oy tllc court, not hcir~g
lc,, 111.ti1 ~III.~.,\ 111,11itli\ :in11 1101 IIIO~C ~Ii;tti'~l~~,cc vcilrs I'ro~n tllc &IIC
01. III~ ,~r.$lcr, IJI,. t,.n;ttlr 4iull p;\y isit" co111.1 i~r otltcrwisc :IS tlirectcd
tjl,~ ))I i~ x,~ l;\~tl 111 011e or IIIO~~II~\[;~IIII~III~ \\it11 (tr %vi(!10111 t~itcrest',
,a 'l'lli, i~cll~ \\.I\ ii,icl.lc~l by scction 3 (i) of the Motlr.:is City
roll:rt~ch3 ~I.~~ICCIIOII (Amcnilr~~ont) Act. 1073 (Tamil Nncll~ Act 24uf
19 73).
for an order tbat the landlord under the tenancy
agreement shall be directeu to sell for a price to be
fixed by the court the whole or part of the txtent of
I.rlid sf)~.cijicd it1 ttic ;~i)l~iicatiorl.I
'[(b) On such application, the court shall
first decide the minimum extent of the land which may
be necessary for the convenient enjoyment by tho
tenant. The court shall then fix the price of the mini-
mum extent of the lmd 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 thedate 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 tenaltt of any one
instalrnent, the application tiunder clause (a) of sub-
section (I)] 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 beyonti
the three years above mentioned. On the application
being dismissed, the court shall order the amount of
the irlstalme~t or instalnlcnts, if any, paid by llic
tenant to be repaid to him without any jntcrcxt.
'l(3) (a) 011 paynlct~t ol' thc price fixed urztlct
clarmc (b) of sub-scctiotl (I), Ihc colrrt shall pass an
ordcr directing thc conveyrrrtcc by thc Inncllord to tlic
-
1 This clause was added by section 6 (ii),oF the Madraq City Tentuit~'
Protection (Anicndment) Act, 1960 (Tam11 Nadu Act 13 of 1960).
3Tllese words, brackets, letter and figure, wcrc substitulcd for the
words, brackets and figure "under hub-section (I)" by 4ccilon 6 (IJI),
aThis sub-section and Explanation wcrc substitulcd for %ub-scc~ion
(3) and the Explanation thcreundcr by scction 6 (rv), ihisl.
b
I '., $ * !
,/
14 City Tenmrts" Protection [lm: T.N. Act LIf -
tenant of :l?o extent of lana for m-hich the said price
tx7aj fixed. T1lL. court shall by the same order direct
tl~: t~n~tnt to put the latldlord illto jmssessiou of tht:
I rcm ]in,= exte~lt of the: land, if any. The stamp duty
n:ld rzgibvation fee in respect of such conveyance
hall be borne by the tenant.
(h) On the order referred to in clause (a) being
m~d:, the suit or proceeding shall stand dismissed,
and any decree or order in ejectment that may have
bean pass4 therein but which has not bee11 executed
shall be \ acated.
~
Exp1mration.-'Larld' means the interest of the
lalldlord in the land and all other interests which he
can convey under any power and includes also the
full ~nterest which a trustee can convey under the power
pLxsesssd Sy him to convey trust property when
ncczssity exists for the same or the alienation of the
!~;.op:,.ty ;j for th2 benefit of the estate or trust.]
'[(+.A) Notwithstanding anything contained in
clause (b) of sub-section (3) of this section or in
s~ction 3 of the Madras City Tenants' Protection
(~mendmsnt) Act, 1972 (Tamil Nadu Act 4 of
iC)7'), or any other law for the time being tn
fo~ce, th? court which passed the decree or order
refer-red to in sub-clause (ii) (6) (2) of clause (4) of
.;:;tion 2. sh.~ll, on application made by tile tenant
, h';b~.~-cd t3 :TI that 5ub-claus~ within a pcriod of two
111 ,l~tl~q ir3m tilo tinte of the publication of the Madr:~.;
~,ty rul1ctl7ts' PI-otection (Amendnlent) Act, 1972,
I CJPCII 91- rcvi~w the proccotiings relating to sucll
cl:ct-cc or orclcs and may pass a decree or an ol-clor thar
111: tcnmt refcrred to In the said sub-clause, is cntitl~ti
t(, t l~c righ* s under this Act and pass such other supplc-
i In:l~tal, ~ncldental or consequential ordzrs as arc
tlcccssnry for the purpose as if the Madras City Ten-
;\nts' Protection (Amendment) Act, 1973, were in
fi,rce at the time st which the decree or order was
1ussed.]
1 This sub-section Lion 3 (ii) of the Madrw City
Tonunts' Praleclion ( 1973 mil Nadu Act 24 of
1973).
1922: T.N..Act Ill] Clty Tenants' Protection 15
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I
I
'[9-A. '[(l)] An appeal shall lie from an order Appeals. i
passed by a court utider section 6, section 7, section 7-4
or sectioll 9 to tlic cc>i1rt to wllich an ;\lq>c,ll woald
lie from any dccrce passod by the former coi~rt 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 Pl.esidency
Small Cause Co~ut, an appeal shall lic to the Chicf
Judge.
=[(2) Subject in other respects to the provisions
of the Limitation Act, 1963 (Centra: qct 36 of 1963),
the period of limitation for an appeal from an order in
any of the cases specffied in suh-section (I) shall be,-
(i) if such appeal lies to the High Court,
ninety days from the date of thc order, and
(ii) if such appeal lies to any other court, or
to the Chief Judge of the Presidency Small Cause
Court, thirty clays froin the date of the order.]
I
10. (1) '[ Sections 4, 5, 6, 8, 9 and 9-A] shall Appliation cf
apply to suits in ejectment ond applications u~~dcr ~cc'i~~~14; 5. :;
Central section 41 of the Presidency Small Causc Co11r.t~ ccrtain suits and
Act XV -- applications.
Of 18X2. 1Tl1isseclionwas in~crlcd by scction 7of lhc M;L~VRF CityTcn:tn(sl
Protcction(Amcnd~ncnt)Act, lOGO(Ti~~llil Nadu Act 13 ofI960).
::Section 0-I\ w;ls rctrt~ml>crctl ;is .:~~l,-scction (1) of ~II;LI wclioli
by scctiol~ 2 ol' thc ~M;tdr;ts City 'I'cllatrl~' I'lwtc~li~~n fA111cntll11cnl)
Act, 1965 (Titrnil N:td~l Act 37 of 1005).
a This sub-scctior~ wits ~IISCI.LC~ 17)' SCC~~OI~ 2 0S the Mirdras City
Tea~~lrs' I'rotcctio~l (Arnu~ldiircnt) Act. 1965 ('l'irn~il Nit<. u Act 37 of
1965). [Notwillwt:~~tli~ig anything col~I;tincd in this sub-scction, in
the case of an nppcal TI oln an ordcr 17:rsscd by n court illidcr section
6, scction 7, scction 7-A or scction 3 of T~rnril NR~LI Act I11 of 1922
bcforc thc dntc of tl~c conrlnclvxlricnr of thc Mirdr;rs City Tcnnnts'
Protcction (AnlendmcnO Act, 1965 (l211nil Nadu Acl 37 of 196.5),
tl~c pciiod of limitation sl~itll,bc thirty i1:tys ncxt aftcr (Ilc tlatr nSsrlch
conirncnccnient, or thc pcriotl prewribcd for sucll appeal under
sub-section (2) or scclion 9-A, wllichcvcr 13criocl cxpircs I;rlcl..
Please sec scction 4 of 'l'i~niil Nndu Act 37 of 1965.1
' Tllc~ words, figi~res ant1 Ictter \V:;C substittitcd for tllc wortls
and figures "Scctions 4, 5, 6, b' ;lncl 9 by section 8 of the M;ldlas
City Tenants' Protcction (i\~rrcntl~iicnI) !\el, 1060 (Titrnil N:~tlu ACI
13 of 1960). i
- + L LA&
' ' . rr "I""
.
&.J
. nb th* araa in which tbi. ~ct~k fmca +
on the data d the pblicat icn & th. ~adm*
C ity Tunant. Pretact im (hlmdme?t') kct, 1979
h tho Tart11 Nadu Govvorn:?at Cazdtte, bofrra
I k:-
tha said data, and in my othrr araa, ~df~ra
I
the data with offoct fro3 vhich this g2t is
(3) In cases in which orders passed under sectlon anlrpl
4- . n. -.*--. -- c'---TY o--.-. --*--- 4 -4 ,oo* --- .-.
tte Sn?pZ ~"44~ tho data ~f tha piblic?tirn cf tha
lI'--
tenants. * <' il~lt~l the explratto~i of tJ1l.s~ months next after notlce
is bvritillg h:~ bcen li\~eu to him rcauiri~lg him to
------ - - -- - -- -- - ---- ' 'Thc\o words, br~ckct\ and figurc.~ ucrc substirurd for the words
" but hdvc not beco cxccutcd bcfom tho coming Into force of this
I
Act " by scction 7 of t!lc Maaras City Tcnatlts' Protection (Amcnd-
men0 Act, 1955 (Tamti N.rdu Act SIX of 1955).
These words wcre si~bstituted for the word " >Iadras " by the
Tamil Nndu Adaptation or Laws O&r, 1969, as amended by the
Tamil Nadll Adaptation of Laws (Second Amendment) Order, 1969,
which C;LOlC into forcc on thc 14th January 1969.
Th??c words, brackets and figures wcrc substituted for the words at the COmmenWctmeDt of this Act " by section 7 of the
Madras City Tenants' Protcclion (Amendment) Act, 1955 (Tamil Nadu ~ct XIX of 1955).
surrender possession of the land and building, and
offering to pay compensation for the building and
trees, if any, and stating the amount thereof. I
repealed or modified.
'114. (1) The State Government may make:;;: to
rules to carry out the purposes of this Act.
18 Cilj' 7i,rran!.,' l'ro!cc/iorr 11922 : T.N. Act IU
(2) In particular anti without prejuclicc to Lhc
generality of the foregoing pouer, such rules may
pro\iide for the fees payable in icspect of appli-
cations, petitions and appcals under this Act.
(3) .41l rules made under this Act sbll bc
~~ublished in tlre Fort St. George Gazette and unless they
;ire expressed to come icto force on a pilrttc~llar day,
+tiall come into force on the day on wlucll +hey ?re so
published.
(4) Every rule made under this Act shall, as
ioon as possible after it is made. be placed on the tablc
of both Houses of the Lcgislatvre, and iT, before t1.e
cxpiry of the session in uldch it is so placed or thc
next session, both liouses agree in making any modifi-
cation in any such rule or both Houses agree thar
'he rule should not be made, the rule shall thereafter
have effect cnly in such modified form or be 01 no
effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice
to the validity of anything previouslv done llndcr that
rule.]
r*
I
or eatifled in fuU before thei eald' d
, r. L6r? *c BW,~ :"~~fi-hi . '
,**.,I '
.$aviugsr Anything done or any action tden(inc1uding any
suit or rnoceeding instituted, decision or direct ion eiven,
decree or order passed and any rights exjoyad or liability
incurred) under the gmsaadrr provisions of the principal
Aet on OX af'ter the 9th January, 1974 and before the date
of the publication of this Act in the Tamil Nadu Government -
Q~ette, on the footing that the principal Act was in force
__C
at the relevant time in the townships of Kodafkanal, Avadi,
Kathivakkam, Ambat tur, Madhavaram, Bhavanisagar, Codtallam
amd Mettur ahall be deeded to have been done or taken
I
under the provisions of the pjtincipal Act, as amended by this
Act, as if thia Act had been in force at the relevant time.
1 I
10. Csrtain pending proceedings to abate .- Every proceeding --
institrted by a landlord in reepect of any residential or -- I
non-residential building or part tb reof situatsdin the tasnship
of lbdaikanal, Avadi, Rathiwakkam, Ambattur. Madhawram,
Bhavanisagar, Couhllam amd Mettur and pending bfefore any Court
or other authority or officer on the date of the publi ation
of this Act in the ?am11 Nsdu Government Gazett3, shal , in so ---- - - -- . -- - P
far as the proceeding relatea to any mattsr falling within the
scope of the principal Act, as amendsd by this Act, in respect
of. such building or part, abate, and all ri&t s and privileges
whdch may have accrued to that landlord in respect of any such
building or lgrt and subskating immediately before the aaid
date ahall, in so far aa such rights and privileges relate to
any mattes? falling within the acope of the principdL Act, ae
amended by thla Act, cease and Betermine and shall not 'oe
m-fikr enf mcaable. P. T. o
f l96O:T.N.~ct\3] MadmCityTemts9 4 61 Protection (Amendment)
l[TAMIL NADUJ ACT No. 13 OF 1960.2
[Received the assent of the President on the 19th July 1%0;
fist published in the Fort St. George Gazelte OR the
27t h July 1960 (Sravana 5,1882)].
An Act further to amend the Madras City Teaaats'
Protection Act, 192 1.
WHEREAS it is expedient further to ar~end the Madras
City Tenants' Protection Act, 1921 ([Tamil Nadull Act
I11 of 1922), for the purposes hereinafter appearing ;
BE it enacted in the Eleventh Year of the Republic of
India as follows :-
1. This Act may be called the Madras City Tenants' Si*;'t title*
Protection (Amendment) Act, 1960.
2-8. [The amendments made by these sections have
already been incorporated in the principal Act, viz.,
the Madras City Tenants' Protection Act, 1921 (Tamil
Nadu Act 111 of 1922).J
g . Every proceeding pending before any Court, other CCrtain pslldinr
than a proceeding relating to any property situated in- precee4ing tt
&batit.
(i) the City of Madras,
(ii) the municipal towns of Coimbatora, Madurai,
Salem and Tiruchirappalli, and
(iii) any village within five miles of the City of
Madras or of the municipal towns aforesaid,
on the date of the publication of this Act in the
, *Fort St. George Gazette, and instituted under the provi-
sions
1 These words were substituted for the word " Madras " by the
Tamil N~du Adaptation of Laws Order, 1969, as amended by the
I Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
For Statement of Objects and Reasons, see Fort St. George
Gazette Extraordinary, dated the 10th December 1959, Part IV-A,
pages 383-384.
*Now the Tamil Nadu Government Gazette.
4112 Madras City Tenants' 11460 : T.N. Act 13
Protection (Amendment)
cf the principal Act, shall, in so far as such proceediilg
relates to non-residential buildings, abate, and all rights
and privileges which may have accrued immediately before
such date to any person in respect of any property situated
in any area other khan the areas referred to above bj
virtue of the principal Act, shall, in so far as they relate
to non-residential buildings, cease and determine and
shall not be enforceable :
Provided' that nothing contained in this section shall
be deemed to invalidate >ny suit or proceeding in which
the decree or orderl passed has been ex~cuted or satisfied
in full before th~ date mentioned in this section,
- * .
Madras City Tei2ilants9
Protect ioa (Amendmeat )
qTAMIL NADU] ACT No. 16 OI? 19642.
MADRAS CITY TENANTS' PROTECTION
(AMENDMENT) ACT, 1964.
ived the assent of the President on the 27th August
in de Fort St. George Gazette
1st September 196 1 (Bhadra
Act further to amend the Madras City Tenarrts'
Protection Act, 1921.
gislature of the 3[Sbte of
1 Nadu] in the Fifteenth Year of the Republic of
. This Act may be called the Madras City Tenants'
teetion (Amendment) Act, 1964.
ection hlzs already
Act, viz., Tamil Nadu
landlord in res-
r part thereof situ-
in the notification
se (1) of section 2 of
d by this kt and the villages
unicipal toan and pending
rity or officer on tlre date
akes effect shall, in so far
er falling within
nded by thtb .kt
ate, and all rights
d to that landlord
part and subsisting
n which the notification
o far as such rights and
privileges relate to any matter faliing within the scope
of the principal Act as amended by this Act, cease and
determine and shall not be enforceable :
Provi&d that nothing contained in this section shall
be deemed to invalidate any suit or proceeding in which
the denee or order passed has been executed or satis-
in full before the date on which the notification afore-
word " Madras " by the
r, t969, as anlended by the
Amendment) Order, 1969.
Fort St. George Garelte
t TV-Section 3. pages
expression " State of
n of Laws Ordt:r, 1969, as
of Laws (Stso ld Amend-
Short title.
Certain pending
proceedings to
abate.
- .
i: T. N. Act371 Madras City Tenants'Prarectlori(A~
VAMIL NADW] ACT No. 37 OF 1!%54.8
MADRAS CITY TBNANTS~ PROTEC;TION (AMEND~NT)
ACT, 1365.
ccived the assent of the President on the 22nd January
966, first published in tlz&' Fort St. George Gazette
n the 2nd February 1966 (Maglra 13, 188 7).]
end the Madras Ci?y Tenants' Pro tec-
tioiz Act, 1921.
be called the Madras City Tenants'
into force on such date as the State
notification, appoint.
:nts made by these sections have
zted in the principal Act, viz.,
r'enants' Protection Act, 1921
ntained in sub-section
t, as amended by this
n order passed by a
ion 7-A or section 9
mmenccment of this
the"*%period of limitation shall be- .
of such commence-
~iod prescribed fo;" such, appeal under
of the said secion 9-A,
-- ..-
" Madrz~s '' by tile
of Laws Order, 1969, as amended by the
of Laws (Second Amendment) Order,
pression " State of
eaws Order, 1969, as
ws (Second Amend*
Sbort title
and com-
mencement.
Saving of
limitation
in certain
cases.
1972 : T.N. Act 41 Madras City Tenants' 3
Protection (Amendment)
TAMIL NADU ACT NO. 4 OF 1972,*
THE MADRAS CITY TENANTS' PROTECTION
(AMENDMENT) ACT, 1972.
[Received the assent of the President on the 9th February
1972, $rst published in the Tamil Nadu Government
Gazette Extraordinary on the 9th February 1972
(Magha 20, 1893).]
An Act further to amend the Madres City Tenants' Protection
Act, 1921.
BE it enacted by the Legislature of the State of Tamil
Nadu in the Twenty-third Year of the Republic of India
as follows :-
1. This Act may be called the Madras City Tenants' Short title.
Protection (Amendment) Act, 1972.
2-3. [The amendments made by these sections have
already been incorporated in the principal Act, namely,
the Madras City Tenants' Protection Act, 1921 (Tamil
Nadu Act 111 of 1922).]
4. Notwithstanding anything contained in any judg- *[ Certain
ment, decree or order of any court or other authority stipulations
to the contrary, any stipulations made by a tenant in :t writing registered as to the erection of buildings, in so b,, far as they relate to buildings erected after the date of the null and
contract shall, to the extent such stipulations take away void.]
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.
1 This heading was substituted for the original heading " Valida-
tion" by section 4(i) of the Madras City Tenants' Protection (Amend-
ment) Act, 1973 (Tamil Nadu Act 24 of 1973).
* For Statement of Objects and Reaqons, see Tamil Nadu
Government Gazette Extraordinary, dated tic! 31st January 1.972,
Part IV-Section 3, Page 3.
125-1 0-1 A
$ 4 Madras City Tenantsy 11912 : T.N. Act 4
Protection (Amendment)
5. :[Subject to the provisions of sub-section (34) not to apply,
lf the lau~lord of section 9 of the principal Act, as amended by the Madras
has already City Tenants' Protection (Amendment) Act, 19731 the
taken Posses- amvdment made to section 12 of the principal Act by sion. section 3 of this Act and the provisions of section 4 of ths
Act shall not apply to any case where the landlord has7
before the date of the commencement of this Act, '[been
delivered actual physical possession] of the land and build-
ing from the tenant.
I
I
4
I
*
-
fms cxgraesion was inserted by section 4(ii)(l) of the Madras
City Tenants' Protection (Amendment) Act, 1973 earnil Nadu Act
24 of 1973).
9 These words *re substit ~ted for the words "taken posse&onyp
by strtion 4 (ii) (21, ibid.
i9&91 T.N. Act 21 Madras city enan ants 1
Protection (Amendment)
TAMIL NADU ACT NO. .2 OF 3980.'
THE MADRAS CITY TENANTS' PROTECTION
(AMENDMENT) ACT, 1979. i
I
[Received the assent of the President on the 27th February
1980, first published in the Tamil Nadu Government
Gazette Fxtraordinary on the 3rd March 1980 (Masi
20, Chittarthi-201 1-Thiruvalluvar Acndu).]
&a Apt further to amend the Madras City Tenants' Protection
Act, 1921.
BB it macted by the Legislature of the State of Tamil
I Nadu in the Thirtieth Year of th,e Republic of India
as follows :-
1. (1) This Act may be called the Madras City Tenants' Short title and
Profqtion (Amendment) Act, 1979. commencement.
(2) The provisions of this Act, except sections 9
and 10, shall be deemed to have come into force on the
9th January, 1974.
i
1 2. In the long title of, and the preamble to, the Amendment of
I Madras City Tenants' Protection Act, 1921 (Tamil Nadu and long title 3f,
1 Act 111 of 1922) (hereinafter referred to as the principal to,
L Tamil
Act), for the words " municipal towns ", the words Nadu Act 111
' " municipal towns and townships " shall be substituted. of 192%
4s
3. In section 1 of the principal Act,- Amendment of
mcti on 1,
Tamil Nadu (i) for sub-section (2), the following sub-section shall kt In ,f
i be substituted, namely :- 1922.
I
" (2) (a) It extends to,-
I
(i) the City of Madras ;
(ii) the townships of Kodaikanal, Avadi, Kathi-
wakkam, Ambattur , Madhavaram, Bhvani sagar, Court.
allam and Mettur.
* For Statement of Objects and Reasons. see Tam ii Nadu
Government Gazette Extraordinary, dated the 29 t h October 1979,
Part 1V-Section 1, pages 385-386.
2JMadras City Tenants' Proteaion [I980 : T;Nb Act2
(Amendment)
(b) The Stnte Governmeut may, by notification
in the Tamil Nadu Governinerlt Gcizeile, extend this Act
with effect from suoh date as inrry be specified in the
~otificatjon to,---
(i) any other municipal town ;
ij) any other township ; or
(iii) any specified village within eight kilo-
metres of the' City of Madras, or of the townships referred
to in sub-clause (ii) of clause (rr), or of such other municipal
towu referred to iu subuclausc (i) or township referred
to in sub-clause (ii)," ;
(ii) in sub-section (31,-
(a) for the portion begiiilling wit11 the words
'"This Act s11n;l lkpply " and cncfiiig ~vith tile words
bbsi~cl~ towu or \/lllnge ", thc f~)liowiug shall be substi-
tuted, laarnely :--.
'' This Act shall apply,-
(a) in the areas in which this Act is in force
on the datc of thc publication of the Madras City
Tcnants' Protection (Ameniment) Act, 1979 in the -
Tunail lv u'lu Goverrlment Gdzcttr, oilly to tenancies of
rand created before the (fate; and
I (b) in any other ;lri.:t, only to tel~ancics of land ~ri~?t~d b - f0fc ~IZC date wit11 cffcct fro111 which this
Act is cxtencit:d ro such area by ncitificatio!~ und:r clause
(b) of s~lb-s~~tiet~ (2).'' ,
(6) in the first proviso, after clause (b), the follow~
ing clausc shall bc inserted, namcly :-
"(bb) ill ally township, by tlx td~vnship com-
mittee cococrnod 1"
(iii) in sub-section (4, for tho words "town or villagew, the words "town, tcwnsllip or villageu shall be
,.../ substituted.
1,986 ! t R Act 21 Madras City Tenants' Prot ecti~n 3
(Amendmen:)
4. In section 2 of the prillcipal Act,- Amenc'ment of
sectioil, 2,
Tamil ' Nadu .' (i) in clause (I), in sub-clause (i), for the portio~l Act 111 of beginning with the words "or such other muuicipal 1922.
town" and ending with the words "town afores 1io9', the
following shall be substit~ted, namely:-
"in the townships of Kodaikanal, Avadi, Kathi-
wakkam, Ambattur, Madhavaram, Bhavanisagar, Ccurt-
tallam and Mettur, or in such other municipal town or
township as the Government may, by notification, specify,
and in any village within eight kilometres of the Qty of .
Madras or of the municipal towns or town or township
aforesaid ; "
(ii) after clause (3), tile ffollowing clausc shall be
inserted, namely :- ?
bc (3-A) 'municipal town9 includes the City of
Madurai 4 " I
(iii) after clause (4), for the following clausc shall bc
added, namely :-
" (5) a township ' means a township constituted
under the Mettur Township Act, 1940 (Tamil Nadu Jpt
XI of 1940), the Courtallam Township Act, 194 (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.".
5. In item (i) of clause (a) of sub-section (1) of sectioli Amcndmunl of I
9 of the principal Act, for the expre~sion " within one section 9. Tamil Nadu month of the date of the Madras City Tenants' Protectioil Act 111 of (Amendment) Act, 1955, coming into force or of the date 1922.
with effect from which this Act is extended to tJ~e muni-
I I
cipal town or village in which the land is situate ", tl~e f01-
lowing shall be substituted, namely :-
i
"within one month of the date of the plib!:ca~iuil
of the Madras City Tenants' Protection (Amend,nent)
Act, 1979 in the TumdNadu Governmerzt Gazette or of the
date with effect from which this Act is extended to the
munici~al town, township or vil1;lge in which the lal:d is
sitaute .
4 Al'arlnrs City Tenants' Protcctiort [I980 : T.N. Act 2
(A~~ae~~dmen nt )
Amendment of 6. In section 10 of the principal Act,- section 10,
famil Nadc
, ~ct n1 of (i) in sub-section (I), for the expression "in the
1922. 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'
I
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:~ ~ats "~ratcctian
(Amendment) Act, 195' " file ct 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~ Gorm~ynt
Gazette" shall be substituted.
Amendment of 7. In section 11 of the principsi .'\i;,
section 11,
Tamil ~adu
Act 111 of (i) for ihe words " i(;:. :,- ;..i :. .: r ",
1922.
'S
the words "inunicipal ~w::s!~i;\ r b~sjg *' & -
substituted ;
Y-
t. *" (ii) for the tiford ' -i A I& ~.QiOds
" mu11icip;ilit~ or toivnbhip " .:.Ji bs wi.n;nuw,.
Amendmsnt of 8. in section 13 of the i';:.:;:~! t;:. fr the words
6 4 s
rection 13, muiiicipal tow11 or vill:igc . #he xdl " =*pal
I' "
Tamil Nadr! town, township or. village .;I: b: s.;hian%& Act 111 of
1922.
Savings. 9. Anytlling dune or i ... I-. *A; .-a su t cr proccediilg i~l\ii:~?i,.j+ :<LL-- 2 ?zff
C
decree or order passccl an,! ~r.: :,k:i ; tt
incurred) under the prtlr. -:. 3:. i c p-3
c, gfter the 9th Jtinuarj ah-4 !$$ :-e t&
publication of thib Act r.: r?~
Gazette, on tho fociting :La:: 5
force iit the rc1~;;inl fin:^ 1f.c 4i**"~*
Avadi, Kathiiiak kam, ,3~2%r?
wgar, Courtaliam and LIc:r,r
r'/
1980 : T.N. Act 21 Madras City Tenants' Protection 5
(11 mendmerat)
been done or taken under the provisioils of the principal
Act, as amended by this Act, as if this Act had been
in force at the relevant time.
10. Every proceeding instituted by a landlord in respect Certain pending
of any residential or non-residential building or part proceedings to ,
thereof situated in the townships of ICodaikanal, Avadi, "bate*
Kathiwakkam, Ambattnr, Madhavaram, Bliavanisagar,
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 shaExcerpt shown. Open the full act in Lexace.