CHENNAI: Rent Courts alone will have the power to hear and decide applications relating to disputes between landlords and tenants as per The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 which was passed in the Assembly on Friday.
As per the law, now there will be no jurisdiction of civil courts in settling such disputes.
The Rent Court, which will function under the administrative and disciplinary control of High Court, will decide on applications relating to tenancies and premises, and will follow the Transfer of Property Act and the Indian Contract Act.
The process would be carried out just as it would have if the dispute had been brought before a civil court by way of a suit.
Under the new law, the Rent Court should not allow more than three adjournments at the request of a party throughout the proceedings. In case it decides to do so, it shall record the same in writing and order the party requesting adjournment to pay reasonable cost.
The new Act gives Rent Courts the powers of judicial magistrate of First class for recovery of fine under CrPC. The court is deemed to be that of a magistrate under CrPC.
The Rent court, while holding an inquiry, has the power to enter the premises at any time between sunrise and sunset by giving not less than 24-hour notice in writing.
Interestingly, there is also a provision where in clerical or mathematical errors due to any accidental omission may be corrected by the Rent Court.
The Act also gives power to the Rent Court to execute its final order by delivery of possession of the premises to the person in whose favour the decision has been made or to attach and sell movable or immovable property of the opposite party. It has also been given the powers to take help from the local government or local body or police to execute the orders.