Act No. 25 of 1949
14th December, 1949
An Act to regulate the leasing of buildings and for control of rent in the Province of Madras. WHEREAS it is expedient to regulate the letting of residential and non-residential buildings and to control the rents of such buildings and to prevent unreasonable eviction of tenants therefrom in the Province; It is hereby enacted as follows: --1 1. For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary) dated the 31st October 1949, Part IV-A, page 429.
(1) This Act may be called the Madras Buildings (Lease and Rent Control) Act, 1949.
(b) Section 3, sub-section (2), shall apply to the City of Madras or any other municipality in the State, if the State Government, by notification in the Fort St. George Gazette, so direct.
(c) The State Government may, by notification in the Fort St. George Gazette, apply all or any of the provisions of this Act except section 3, sub-section (2), to any other area in the State with effect from such date as may be specified in the notification, and may cancel or modify any such notification.]
(3) It shall come into force at once and shall remain in force up to and inclusive of the
In this Act, unless there is anything repugnant in the subject or context --
(1) "building" means any building or hut or part of a building or hut, let or to be let separately for residential or non-residential purposes and includes--
(2) " Controller" means any person appointed to perform the functions of a Controller under this Act;
(3) "landlord" includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant;
(4) "tenant" means any person by whom or on whose account rent is payable for a building and includes
Provided that this sub-section shall not apply to a building in respect of which the landlord has obtained an order for possession on any of the grounds specified in section 7, sub-section (3).
(b) Every notice given under clause (a) shall contain such particulars as may be prescribed.
(2) In any municipality (including the City of Madras) to which this sub-section has been applied under section 1(2) (b), where, after the commencement of the Madras Buildings (Lease and Rent Control) Amendment Act, 1951 (Madras Act VIII of 1951), the tenant of a building puts another person in occupation thereof and does not re-occupy it within a period of three months, then, on the expiry of such, period, the tenancy shall be deemed to have terminated and it shall be the duty of the tenant, and also of the landlord if he is aware of such termination, to give notice thereof in writing to the authorized officer within seven days of such termination;
Provided that where the tenant obtains written permission from the authorized officer to re-occupy the building within a period of six months, this sub-section shall have effect as if for the period of three months specified therein a period of six months were substituted.
Explanation .-- This sub-section shall not apply where the building has been sub-let by a tenant entitled to do so, after giving due notice to the authorized officer under sub-section (1) and in conformity with the provisions of this section.
(3) If, within ten days of the receipt by the authorized officer of a notice under sub-section (1) or sub-section (2), the State Government or the authorized officer does not intimate to the landlord in writing that the building is required for the purposes of the State or Central Government or of any local authority or of any public institution under the control of any such Government or for the occupation of any officer of such Government, the landlord shall be at liberty to let the building to any tenant or to occupy it himself.
(4) The landlord shall not let the building to a tenant or occupy it himself, before the expiry of the period of ten days specified in sub-section (3), unless in the meantime he has received intimation that the building is not required for the purposes, or for occupation by any of the officers, specified in that sub-section.
(5) If the building is required for any of the purposes, or for occupation by any of the officers, specified in sub-section (3), the landlord shall deliver possession of the building to the authorized officer and the State Government shall be deemed to be the tenant of the landlord, with retrospective effect from the date on which the authorised officer received notice under sub-section (1) or sub-section (2), the terms of the tenancy being such as may be agreed upon between the landlord and the tenant and in default of an agreement, as may be determined by the City Civil Court in the City of Madras and elsewhere by the Subordinate Judge's Court having original jurisdiction over the area in which the building is situated or, if there is no such Court, by the District Court:
Provided that the rent payable shall be the fair rent, if any, fixed for the building under the provisions of this Act; and if no fair rent has been so fixed, such fair rent as may be determined by the Court aforesaid in accordance with the provisions of this Act:
Provided further that if the building is a residential building, it shall not be converted into a non-residential building unless the permission in writing of the Controller is obtained under section 11, sub-section (1):
Provided also that no structural alterations shall be made in the building, unless the consent of the landlord is also obtained therefor.
(6) In cases not falling under sub-section (5), where the landlord lots the building to any tenant after giving notice to the authorized officer under sub-section (1) or sub-section (2) and without having occupied the building himself, the tenancy shall be deemed to have been antedated by the number of days during which the landlord was prohibited from letting the building to any tenant by virtue of sub-section (4), and the tenant shall be liable to pay rent for those days also.
(7) (a) Where a landlord has two or more residential buildings in the same city, town or village and they have not been let by him subsequent to the 1st January 1950, then, within fifteen days from the commencement of the Madras Buildings (Lease and Rent Control) Amendment Act, 1951 (Madras Act VIII of 1951), the landlord may choose any one of such buildings for his own occupation and shall give notice to the authorized officer of the building so chosen by him and of every other building not so chosen.
(b) When giving notice as aforesaid, the landlord shall also specify therein--
(c) In the case referred to in sub-clause (i) of clause (b), the authorized officer may, if he is satisfied that the occupation of the building by any member of the family, or of any dependent, of the landlord is bona fide, make an order permitting the landlord to allow such member or dependent to continue to occupy the building; and if the authorized officer is not so satisfied, he shall make an order refusing such permission.
(d) In the case referred to in sub-clause (ii) of clause (b), the authorised officer may, if he is satisfied that the building is required by any member of the family of the landlord bona fide for such occupation, make an order permitting the landlord to allow such member to occupy the building; and if the authorized officer is not so satisfied, he shall make an order refusing such permission.
(e) Any landlord who is aggrieved by any order passed by the authorized officer under clause (c) or clause (d) may, within fifteen days from the date of the receipt of such order, prefer an appeal in writing to the State Government; and the State Government shall pass such orders on the appeal as they may think fit.
(f) Every notice given by the landlord under clause (a) shall, in so far as it relates to any building other than the one chosen by him for his own occupation, be deemed to be a notice given under sub-section (1):
Provided that in respect of any building referred to in clause (b), the provisions of sub-section (3) shall apply as if notice had been given by the landlord under sub-section (1) immediately after the lapse of a period of fifteen days from the date of receipt by the landlord of the order passed by the authorized officer or, if an appeal has been preferred to the State Government against that order within that period, is if notice had been given as aforesaid by the landlord on the date of the order passed on the appeal.
(8) (a) Any officer empowered by the State Government in this behalf may summarily dispossess--
Provided that in cases where any landlord has been refused permission for the occupation of a building under clause (c) or clause (d) of sub-section (7), not less than one week's notice shall be given before action is taken under this sub-section.
Explanation.--The provisions of this clause shall apply also to cases which arose before the commencement of the Madras Buildings (Lease and Kent Control) Amendment Act, 1951 (Madras Act VIII of 1951).
(b) If free access to the building is not afforded to the officer empowered under clause (a) he may after giving reasonable warning and facility to withdraw to any woman not appearing in public according to the customs of the country, remove or open any lock or bolt or break open any door or do any other act necessary for effecting such dispossession.
(c) Any landlord, tenant or other person or any officer, local authority or public institution, liable to be summarily dispossessed under clause (a), shall pay to the State Government--
(9) Nothing contained in this section shall apply--
(1) The Controller shall, on application by the tenant or landlord of a building, fix the fair rent for such building after holding such inquiry as the Controller thinks fit.
(2) In fixing the fair rent under this section the Controller shall have due regard--
(3) In fixing the fair rent of residential buildings, the Controller may allow--
Provided that in the case of a residential building which has been constructed after the 1st April 1940, the percentage of increase shall not exceed 25, 371/2 and 50, respectively.
(4) In fixing the fair rent of non-residential buildings, the Controller may allow--
Provided that in the case of a non-residential building which has been constructed after the 1st April 1940, the percentage of increase shall not exceed 50 and 100, respectively.
(5) In the case of a building for which the fair rent has been fixed before the 1st October 1946, the Controller shall on the application of the landlord allow such increase in the fair rent as in the opinion of the Controller, the landlord is entitled to under this section.
Provided that the fair rent as increased
Provided further that any dispute between the landlord and tenant in regard to any increase claimed
Provided that any dispute between the landlord and the tenant in regard to any reduction so claimed shall be decided by the Controller.]
Provided that such excess shall not be recoverable in so far as it has resulted from an increase of rent in respect of the building.
(2) Any dispute between the landlord and the tenant in regard to any increase claimed under sub-section (1) shall be decided by the Contoller.]
Provided that the landlord may receive, or stipulate for the payment of, an amount not exceeding two months' rent, by way of advance;
(b) save as provided in clause (a), any premium or other like sum or any rent paid in addition to, or in excess of, such fair rent, whether before or after the commencement of this Act, in consideration of the grant, continuance or renewal of the tenancy of the building after such commencement, shall be refunded by the landlord to the person by whom it was paid or at the option of such, person, shall be otherwise adjusted by the landlord:
Provided that where before the determination of the fair rent, rent has been paid in excess thereof, the refund or adjustment shall be limited to the amount paid in excess for a period of one year immediately before such determination.
(2) Where the fair rent of a building has not been so determined--
Provided that the landlord may receive, or stipulate for the payment of, an amount not exceeding two months' rent by way of advance;
(b) save as provided in clause (a), any sum paid in excess of the agreed rent, whether before or after the commencement of the Madras Buildings (Lease and Rent Control) Amendment Act, 1951 (Madras Act VIII of 1951), in consideration of the grant, continuance or renewal of the tenancy of the building after such commencement, shall be refunded by the landlord to the person by whom it was paid or, at the option of such person, shall be otherwise adjusted by the landlord.
(3) Any stipulation in contravention of sub-section (1) or sub-section (2) shall be null and void.]
(2) Where a landlord refuses to accept, or evades the receipt of, any rent lawfully payable to him by a tenant in receipt of any building, the tenant may, by notice in writing, require the landlord to specify within ten days from the date of receipt of the notice by him, a bank into which the rent may be deposited by the tenant to the credit of the landlord:
Provided that such bank shall be one situated in the city, town or village in which the building is situated or if there is no such bank in such city, town or village, within three miles of the limits thereof.
Explanation.--It shall be open to the landlord to specify from time to time by a written notice to the tenant and subject to the proviso aforesaid, a bank different from the one already specified by him under this sub-section.
(3) If the landlord specifies a bank as aforesaid, the tenant shall deposit the rent in the bank and shall continue to deposit in it any rent which may subsequently become due in respect of the building.
(4) If the landlord does not specify a bank as aforesaid, the tenant shall remit the rent to the landlord by money order, after deducting the money order commission and continue to remit any rent which may subsequently become due in respect of the building in the same manner until the landlord signifies by a written notice to the tenant his willingness to accept the rent or specifies a bank in which the rent shall be deposited in accordance with the provisions of subsection (2).
(1) Where the address of the landlord or his authorized agent is not known to the tenant, he may deposit the rent lawfully payable to the landlord in respect of the building, together with such fee as may be prescribed for the service of the notice referred to in sub-section (2), before such authority and in such manner as may be prescribed, and continue to deposit any rent which may subsequently become due in respect of the building, together with the fee prescribed as aforesaid, before the same authority and in the same manner until the address of the landlord or his authorized agent becomes known to the tenant.
(2) When any deposit is made under sub-section (1) the Controller shall cause notice of the deposit to be, served by affixture at the last known place of residence of the landlord and in such other manner its may be prescribed; and the amount deposited may, subject to such conditions as may be prescribed, be withdrawn by the landlord on application made by him to the Controller in that behalf.
(3) Where any bona fide doubt or dispute arises as to the person who is entitled to receive the rent for any building the tenant may deposit such rent before such authority and in such manner as may be prescribed and shall report to the Controller the circumstances under which such deposit was made by him, and may continue to deposit any rent which may subsequently become due in respect of the building before the same authority and in the same manner until the doubt is removed or the dispute is settled by the decision of a competent Court or by a settlement between the parties or until the Controller makes an order under sub-section (4); clause (b), as the case may be.
(4) (a) The Controller to whom a report is made under sub-section (3) shall, if satisfied that a bona fide doubt or dispute exists in the matter, direct that, pending removal of the doubt or settlement of the dispute as aforesaid, the deposit be held by the authority concerned.
(b) If the Controller is not so satisfied, he shall forthwith order payment of the amount deposited to the landlord.
(5) Where the Controller passes an order under subsection (4), clause (a), any amount or amounts deposited under sub-section (3) may be withdrawn only by the person who is declared by a competent Court to be entitled thereto, or in case the doubt or dispute is removed by a settlement between the parties, only by the person who is held by the Controller to be entitled to the amount or amounts in accordance with such settlement.]
(1) A tenant
Provided that nothing contained in this section shall apply to a tenant whose landlord is the
Provided further that where the tenant denies the title of the landlord or claims right of permanent tenancy, the Controller shall decide whether the denial or claim is bona fide and if he records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and the Court may pass a decree for eviction on any of the grounds mentioned in this section, notwithstanding that the Court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded.
(2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied
the Controller shall make an order directing the tenant to put the landlord in possession of the building and if the Controller is not so satisfied, he shall make an order rejecting the application:.
Provided that a person who becomes a landlord after the commencement of the tenancy by an instrument inter vivos shall not be entitled to apply under this clause before the expiry of three months from the date on which the instrument was registered:
Provided further that where a landlord has obtained possession of a building under this clause he shall not be entitled to apply again under this clause--
(b) Where the landlord of a building, whether residential or non-residential, is a religious, charitable, educational or other public institution, it may, if the building is required for the purposes of the institution, apply to the Controller, subject to the provisions of clause (d), for an order directing the tenant to put the institution in possession of the building.
(c) A landlord who is occupying only a part of a building, whether residential or non-residential, may, notwithstanding anything contained in clause (a), apply to the Controller for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession thereof, if ho requires additional accommodation for residential purposes or for the purposes of a business which he is carrying on, as the case may be-
(d) Where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this sub-section before the expiry of such period.
(e) The Controller shall, if he is satisfied that the claim of the landlord is bona fide, make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by the Controller and if the Controller is not so satisfied, he shall make an order rejecting the application:
Provided that, in the case of an application under clause (c) the Controller shall reject the application if he is satisfied that the hardship which may be caused to the tenant by granting it will outweigh the advantage to the landlord:
Provided further that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in the aggregate.]
(4)
Provided that this clause shall not apply to a residential building the monthly rent of which does not exceed twenty-five rupees or to a non-residential building the monthly rent of which does not exceed fifty rupees.]
(5) Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Controller may direct that compensation not exceeding fifty rupees be paid by such landlord to the tenant.
(6) Where an application under sub-section (2) or subsection (3) for evicting a tenant has been rejected by the Controller, the tenancy shall, subject to the provisions of this Act, be deemed to continue on the game terms and conditions as before and shall not be terminable by the landlord except on one or more of the grounds mentioned in sub-section (2) or sub-section (3).
(2) The deposit of rent under sub-section (1) shall be made within the time and in the manner prescribed and shall be accompanied by the fee prescribed for the service of the notice referred to in sub-section (5).
(3) Where there is any dispute as to the amount of rent to be paid or deposited under sub-section (1),the Controller shall, on application made to him either by the tenant or by the landlord, and after making such inquiry as he deems necessary, determine summarily the rent to be so paid or deposited.
(4) If any tenant fails to pay or to deposit the rent as aforesaid, the Controller or the appellate authority as the case may be, shall, unless the tenant shows sufficient cause to the contrary, stop all further proceedings and make an order directing the tenant to put the landlord in possession of the building.
(5) When any deposit is made under sub-section (1) the Controller or the appellate authority, as the case may be, shall cause notice of the deposit to be served on the landlord in the prescribed manner; and the amount deposited may, subject to such conditions as may be prescribed, be withdrawn by the landlord on application made by him to the Controller in that behalf.]
(1) No landlord shall, without just or sufficient cause, cut off or withhold any of the amenities enjoyed by the tenant.
(2) A tenant in occupation of a building may, if the landlord has contravened the provisions of this section, make an application to the Controller complaining of such contravention.
Explanation.- An interim order may be passed under this sub-section without giving notice to the landlord.]
(3) If the Controller on inquiry finds that the tonant has been in enjoyment of the amenities and that they were cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the landlord to restore such amenities.
as if it were a decree passed by him:
Provided that an order passed in execution under this section shall not be subject to an appeal, but shall be subject to revision under section 12-B.]
The Controller shall summarily reject any application under sub-section (2) or under sub-section (3) of section 7 which raises between the same parties or between parties under whom they or any of them claim, substantially the same issues as have been finally decided or as purport to have been finally decided, in a former proceeding--
(1) No residential building shall be converted into a non-residential building except with the permission in writing of the Controller.
(2) If a landlord fails to make the necessary repairs to the building within a reasonable time after notice is given by the tenant, it shall be competent for the Controller to direct on application by the tenant that such repairs may be made by the tenant and that the cost thereof may be deducted from the rent which is payable by him:
(1) (a) The
(b) Any person aggrieved by an order passed by the Controller may, within fifteen days from the
(2) On such appeal being preferred, the appellate authority may order stay of further proceedings in the matter pending decision on the appeal.
(3) The appellate authority shall send for the records of the case from the Controller and after giving the parties an opportunity of being hoard and, if necessary, after making such further inquiry as ho thinks fit either personally or through the Controller., shall decide the appeal.
Explanation.--The appellate authority may set aside or vary any order passed by the Controller in regard to the costs of and incident to the proceedings before him.]
(1) The High Court, in the case of an authority empowered by section 9 to execute an order, or of an appellate authority empowered Tinder section 12, and functioning in the "Presidency-town and the District Court concerned in the case of any such authority so empowered and functioning in a district, may, at any time, on the application of any aggrieved party, call for and examine the records relating to any order passed or proceeding taken under this Act by such authority for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceeding, and may pass such order in reference thereto, as it thinks fit.
(2) The costs of and incident to all proceedings before the High Court or District Court under sub-section (1) shall be in its discretion.
Explanation.--The jurisdiction of the High Court or District Court under this section shall extend also to orders passed or proceedings taken at anytime within six months before the commencement of the Madras Buildings (Lease and Rent Control) Amendment Act, 1951(Madras Act VIII of 1951).
Any order for the eviction of a tenant passed under this Act shall be binding on all sub-tenants under such tenant, whether they were parties to the proceeding or not, provided that such order was not obtained by fraud or collusion.
(1) Any application made, appeal preferred, or proceeding taken, under this Act by or against any person, may, in the event of his death, be continued by or against his legal representatives.
(2) Where any application, appeal or other proceeding could have been made, preferred or taken, under this Act by or against any person, such application, appeal or other proceeding may, in the event of his death, be made, preferred or taken by or against his legal representatives.
Subject to such conditions and limitations as may be prescribed, the Controller may, in his discretion, issue summonses to public servants requiring them to attend in person to give evidence or to produce documents in their custody in connexion with any proceedings before him.]
Notwithstanding anything contained in this Act, the
The executive authority of a municipal council or local board or the Revenue Officer of the Corporation of Madras shall, on application made in this behalf and on payment of such fee as may, from time to time, be fixed by the
Every landlord and every tenant of a building shall be bound to furnish to the Controller or any person authorized by him in that behalf, such particulars in respect of the building as may be prescribed by rules made under this Act.
(1) If any person contravenes any of the provisions of
(2) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898(Central Act V of 1898), it shall be lawful for any Magistrate of the first class specially empowered by the
(1) The
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(1) All proceedings commenced and all action taken --
and pending at the commencement of this Act, shall, so far as may be, be deemed to have been commenced or taken under the corresponding provisions of this Act and be continued subject to the provisions thereof.
(2) All orders passed or deemed or purporting to have been passed and all decisions given or deemed or purporting to have been given --
The expiration of this Act shall not--
(1) Any rule or order made or deemed or purporting to have been made, any decision or direction given or deemed or purporting to have boon given, any notification issued or deemed or purporting to have been issued, any action or proceeding taken or deemed or purporting to have been taken, or anything done or deemed or purporting to have been done--
shall, subject to any subsequent modification or cancellation thereof purporting to have been made on or after that date under the said Act on the footing that it was in force at the relevant time, or made under the said Act as applied to
(2) Any liability or penalty incurred or deemed or purporting to have been incurred, any punishment awarded or deemed or purporting to have been awarded, any application made or deemed or purporting to have been made and any prosecution commenced or deemed or purporting to have been commenced--
shall be deemed to have been incurred, awarded, made or commenced under the corresponding provision of this Act.
(1) No suit, prosecution or other legal proceeding shall lie in any Court against any officer or servant of the
(2) No suit or other legal proceeding shall lie against the
(3) Sub-sections (1) and (2) shall have effect although the said Act or the said Act as applied to
The Madras Buildings (Lease and Rent Control) Act, 1946(Madras Act XV of 1946), the Madras Buildings (Lease and Rent Control) Ordinance, 1949(Madras Ordinance V of 1949), and the Madras Buildings (Lease and Rent Control) Act, 1946(Madras Act XV of 1946), as applied to