The Madras City Tenants Protection Act, 1921

What the law governs

The Madras City Tenants Protection Act, 1921 applies to specified land tenancies in areas where the law is in force. Its purpose is to protect certain tenants who occupy another person's land and have erected buildings or made qualifying improvements on it.

The supplied text lists the City of Madras and the townships of Kodaikanal, Avadi, Kathivakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam and Mettur. The Tamil Nadu State Government may extend the law by notification in the Tamil Nadu Government Gazette to other municipal towns, townships and specified nearby villages.

Application depends on when the land tenancy was created:

• In an area where the law was already in force when the 1979 amendment was published, it applies only to land tenancies created before that publication.
• In an area added later by notification, it applies only to land tenancies created before the date on which the extension takes effect.

Protection when a landlord seeks eviction

The Madras City Tenants Protection Act, 1921 provides compensation to a qualifying tenant for a building erected on the land by the tenant or a predecessor in interest, where compensation has not already been paid. A tenant entitled to compensation for a building is also entitled to the value of trees planted by the tenant and qualifying improvements made by the tenant.

In an eviction suit won by the landlord, the court must determine the compensation payable. Key provisions include:

• Compensation is based on the value of the building, trees and qualifying improvements on the date of the decree or interim order.
• Money owed by the tenant to the landlord for rent or otherwise in connection with the tenancy is deducted from the compensation.
• If the required amount is not paid into court within three months, the suit or application stands dismissed.
• Following that dismissal, the landlord cannot bring a fresh eviction suit or possession application for five years.

Government notifications and document status

The Tamil Nadu State Government may cancel a notification that extended the law. Extension and cancellation notifications must be placed before the Legislature, which may modify them or direct that they cease to have effect without invalidating earlier action.

The supplied copy was furnished by PRS Legislative Research for information only. PRS Legislative Research states that it has not independently verified the contents and advises readers to consult the relevant state department, latest government publication or gazette notification before acting.