Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether a tenant can claim the benefit of deposit of rent in court under Section 8 of the Tamil Nadu Building (Lease & Rent Control) Act, 1960 without strictly following the sequence of steps prescribed by the statute.
Analysis: The statutory scheme under Section 8 requires the tenant, after the landlord refuses to accept rent, first to call upon the landlord to specify a bank for deposit. If the landlord specifies a bank, the tenant must deposit the rent there; if no bank is specified, the tenant must remit the rent by money order; only on refusal of such money order can the tenant seek permission to deposit rent before the Controller. The provision is a step-by-step mechanism in which each earlier step is a condition precedent to the next. The benefit conferred by the rent control statute is available only on strict compliance with these statutory requirements, and equitable considerations cannot override the express procedure.
Conclusion: The tenant could not bypass the earlier statutory steps and directly invoke Section 8(5) by depositing rent in court. The default was therefore not excused, and eviction on the ground of default in payment of rent was justified.
Ratio Decidendi: Where a rent control statute prescribes a sequential procedure for deposit of rent, the tenant must strictly comply with each statutory precondition before claiming protection from eviction for default in payment of rent.