Conditions for eviction

The right of eviction must be for one of the reasons specified in the Tamil Nadu Buildings (Lease and Rent Control) Act.

HAVING reviewed in the last two columns the rights of the landlord and the tenant with regard to the primary obligations, I now move on to list the various acts or omissions which a tenant must avoid, and which will entitle the landlord to seek the tenant's eviction, if in fact, they occur.

Please note that what I have given below applies only to the major cities and towns of Tamil Nadu. These are the areas, which come under the purview of the Tamil Nadu Buildings (Lease and Rent Control) Act. Smaller towns and villages do not normally come under this Act's scope. If you have a doubt as to whether your town/panchayat area is covered by this Act or not, you must consult a local lawyer who will advise you appropriately.

This Act applies to all tenancies where the building is more than five years old, and where the lease is for a land and/or a building, and not a composite lease, which includes for instance, the running of a business as a going concern. This Act does not apply to tenancies created by public religious trusts or charitable institutions. It does not also apply to tenancies created by government undertakings.

Wherever the Act has no application, a landlord can simply give a notice (of at least six months' duration in the case of an agricultural or a manufacturing lease, and of at least 15 days' duration in most other cases) and determine the tenancy, with the end of the period of the tenancy. Of course, where the lease in question is in force and it stipulates a different period of tenancy, the notice must be in compliance therewith. Once such notice is given and the period specified expires, the landlord will be entitled to evict the tenant. The landlord need not have any good or satisfactory reason for doing so. A proper notice is all that is required.

Now, we come to tenancies to which the Act applies. The right of the landlord to evict the tenant in such cases is greatly fettered, and the right of eviction must be for one of the reasons specified in the statute. If you are a landlord and you are unable to fit your requirement for eviction into one of the pigeonholes set up by the statute, you will not be entitled for eviction.

The various grounds on which the statute enables eviction are as follows:

1. Where the tenant has not paid the stipulated rent for more than 15 days after the rent fell due, and such non-payment is wilful.

2. Where the tenant has, without the landlord's written consent, allowed some other person to occupy the premises, either wholly or in part.

3. Where the tenant has put the building to a use other than that which the landlord had originally agreed. The term "use" must be reckoned with reference to the lease deed.

4. Where the tenant has done any act, which has materially impaired the building or its value or utility.

5. Where the tenant has used the building, or has allowed the building to be used, for illegal purposes or immoral purposes.

6. Where the tenant is making such a nuisance of himself that his continuance is objectionable either to other tenants of the same building or other persons in the neighbourhood.

7. Where the tenant has not occupied the premises in question for a period in excess of four months. (This rule does not apply in hill stations for obvious reasons.)

8. Where the tenant denies the landlord's title to the building itself, and such denial is not well founded. I only wish to add that once a tenant commences tenancy under a particular person as a landlord, the law does not allow the tenant to thereafter disown the landlord, or to assert title to the building in anyone else (save for one exception, which is not relevant here).

9. Where the landlord genuinely requires the building either for his residential or non-residential occupation, or for the residential or non-residential occupation of any member of his family. Where the landlord (or the person for whom he is seeking eviction of the premises) already owns and occupies another premises in the same town, the landlord must additionally be in a position to state and prove that the hardship that will be caused to him by not giving him the premises will outweigh the hardship caused to the tenant by throwing the tenant out of the premises. This clause is subject to a few exceptions, but these are beyond the scope of this summary.

10. Where the landlord genuinely requires the building for effecting repairs, which cannot be carried out unless the building is vacated. Please note that once the repairs are carried out, the tenant will be entitled to re-enter the premises.

11. Where the landlord genuinely requires the building for the purpose of immediately demolishing it and putting up a new building in its place.

There are a few other grounds of eviction mentioned in the statute such as those involving members of the armed forces or where the government is the tenant. These again, are beyond the scope of what is an attempt to put the primary sections of the statute in a nutshell.

If you, as a landlord, are able to fit your requirements for eviction into one of these categories, you will be entitled to file a petition for eviction before a court called the Rent Controller's Court.
By the same token, if you as a tenant, are being threatened with eviction, you can resist any attempt at eviction other than one falling within one of the above categories.

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Tamil Nadu Civil Judge Exam 2012

GOVERNMENT OF TAMIL NADU, Home Department, Secretariat, Chennai-600 009 invite Applications for the post of Civil Judge in the Tamil Nadu State Judicial Service to be made by direct recruitment:
Vacancy Detail:

Total Posts: 185 (General-6, S/C-29, S/C (Arunthathiyars on preferential basis)-6, S/T-2, Backward Classes (other than Backward Class Muslims)-49, Most Backward Classes and Denotified Communities-37, Backward Class Muslims-6).

As on 01.07.2012 :
(i) For Practising Advocates / Pleaders and Assistant Public Prosecutors – 25 Years to 35 years (For General Category)  and 40 years (For Reserved Categories).
(ii) For Fresh Law Graduates ( For all Categories) – 22 Years to 27 Years
Educational Qualification:

I. For Practising Advocates / Pleaders and Assistant Public Prosecutors:-
(i) Must possess a degree in Law of a University in India established or incorporated by or under a Central Act or a State Act or an Institution recognised by the University Grants Commission or any other equivalent qualification and got enrolled in the Bar Council of Tamil Nadu, and in the case of candidates enrolled in the Bar Councils of other States, they should submit a proof of transfer of their enrolment to the Bar Council of Tamil Nadu;
(ii) (a) Must be practising as an Advocate or Pleader in the High Court or Courts Subordinate thereto and must have so practised for not less than 3 years on the date of this Notification.
or (b) Must be an Assistant Public Prosecutor having not less than 3 years of experience as an Advocate and / or Assistant Public Prosecutor.
II. For Fresh Law Graduates :
(i) Must be a fresh Law Graduate possessing a Degree in Law from a recognized University.
(ii) Must be eligible to be enrolled or enrolled as an advocate
(iii) Must have secured an overall percentage of (a) 50% Marks in case of open categories; (b) 45% Marks in case of all reserved categories.
(iv) Must have obtained the Degree of Law within a period of three years prior to the Date of this Notification.
Pay Scale :

Rs.27700 – 770 – 33090 – 920 – 40450 – 1080 – 44770 per mensem
Application Fee :

The examination fee should be paid in the form of a Demand Draft of Rs.200/- (Rupees Two Hundred Only) – Non refundable  drawn in favour of the Registrar General, High Court of Madras, payable at Chennai, and the same should be enclosed along with the application. No fees for SC/ST.
How to Apply :

The filled-in applications along with Demand Draft towards and all the enclosures should reach the office of the
Principal Secretary to Government,
Home Department,
Fort St. George,
Chennai-600 009
Important Dates :

Date of Notification 21.01.2012
Last date of receipt of applications 20.02.2012 5.45 P.M.
Date of Written Examination: Translation Paper and Law Paper – I: 24.03.2012
                                                Law Paper – II and Law Paper – III:  25.03.2012
Advertisement Details & Links:

Official Website:
For Application form and other details visit:
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Trademark Licences or Goodbye Goodwill

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Important judgements

Alternative Remedy
Section 30 of Arbitration Act 1940
Doctrine of SubstituteNon Speaking Award
Adverse Possession
Civil Procedure Code
Amended CPCFraudOrder 1 Rule 8 of CPC
Order 1 Rule 10 of CPCOrder 6 Rule 17 of CPCOrder 7 Rule 11 of CPC
Order 8 Rule 1Order 8 Rule 6Order 8 Rule 9
Order 9 Rule 6 of CPCOrder 9 Rule 13 of CPCOrder 13 Rule 10 of CPC
Order 20 Rule 2Order 20 Rule 3Order 20 Rule 9 to 19
Order 20 Rule 12Order 20 Rule 14Order 20 Rule 18 of CPC
Order 21 Rule 10Order 21 Rule 11Order 21 Rule 15 and 16
Order 21 Rule 22Order 21 Rule 32Order 21 Rule 35
Order 21 Rule 46Order 21 Rule 48 and 50Order 21 Rule 54
Order 21 Rule 57Order 21 Rule 58Order 21 Rule 64
Order 21 Rule 66Order 21 Rule 84 85 86Order 21 Rule 89 to 92
Order 21 Rule 97Order 22 Rule 3 and 4Order 22 Rule 10 of CPC
Order 23 Rule 1 of CPCOrder 26 Rule 1 of CPCOrder 32 A Rule 3
Order 33 Rule 1Order 39 Rule 1Order 39 Rule 2A
Order 39 Rule 3AOrder 40 Rule 1Order 41 Rule 11
Order 41 Rule 22 and 33Order 47 Rule 1Section 9 of CPC
Section 10Section 11 of CPCSection 20 of CPC
Section 24 of CPCSection 47 of CPCSection 48 CPC
Section 80Section 89 - ADR and Lok AdalatSection 92 of CPC
Order 21 Rule 29
Section 96Section 100 of CPCSection 146 CPC
Section 148 ASection 151 of CPCSummary suits
Court Fees ActEasement ActInsolvency Act
Personal Law
Marriage and DivorceSuccession
Section 17 and 49 Specific performance
Transfer of Property
Redemption of mortgage
Basic StructureCivil ServiceComplete Justice
Compulsory TestimonyConstitutional ValidityEnvironment and Pollution
Freedom of ExpressionFreedom of TradeHabeas Corpus
Human Rights Violation and CompensationInter country AdoptionJudiciary
Legal AidPreventive DetentionProtection of Weaker Section
Public InterestReservation
Absconding AccusedAnticipatory Bailappreciation of Evidence in Appeal
ARREST and CUSTODYBailBail in TADA Offence
Cancellation of BailCognizanceCompensation Under Section 357
DischargeFraming of ChargeFurther Investigation and Re-Investigation
Grant of Pardon by Sessions JudgeInquest ReportJurisdiction
Order of RemandPersonPolice Custody
Public ProsecutorReinvestigation by Appellate CourtRelative of Husband
Right of ComplainantSearch and SeizureSection 125 CrPC
Section 154 (1) CrPCSection 154 of CrPCSection 156(3) of CrPC
Section 161 of CrPCSection 164 of CrPCSection 164(1) CrPC
Section 164(2) of CrPCSection 167(2) of CrPCSection 190 of CrPC
Section 197 of CrPC Protection to Public Servants Against ProsecutionSection 203 of CrPCSection 207
Section 209 of CrPC - Committal ProcedureSection 306 of CrPC - ApproverSection 309 of CrPc
Section 311 CrPCSection 313 of CrPCSection 319 of CrPC
Section 320 of CrPCSection 327 of CrPCSection 340 CrPC
Section 389 CrPCSection 406 of CrPCSection 433 A
Section 452 of CrPCSection 468 LimitationSection 482 of CrPC
SentencingTender of Pardon
Common IntentionCommon ObjectDeath Sentence
Dowry Demand - Cruelty = DeathMurder = Culpable Homicide Not Amounting to MurderSection 120 B
Section 193 and 344 IPCSection 306 IPCSection 376
Unsound Mind
Borstal School Act - Section 10ADetermination of Age of JuvenilityJuvenile Justice Act 1986
Section 20
Plea of JuvenilitySection 6 - Probation of Offenders Act 1958
Delay in forwarding SamplesNDPS Act - Section 42Search of a Person=of an Enclosed Place=in a Public Place
Section 50 of NDPS ActSection 54
DischargeDisproportionate AssetsIllegal Gratification
Professional NegligenceRIGHT OF PRISONERSSC and ST (Prevention of Atrocities ) Act
AdmissionAlibiApprover Evidence
Child WitnessCompel to undergo medical examinationCrime Scene Map
Dying DeclarationFalsus in Uno Falsus in OmnibusGrant of Pardon by President
Hostile WitnessIdentificationInjuries on the Accused
InsanityInterested Witness=Chance WitnessJUDICIAL AND EXTRA - JUDICIAL CONFESSION
LEADING QUESTIONSOcular Evidence DiscrepanciesProduction of Document
PROMISSORY ESTOPPELSProof Beyond Reasonable DoubtRape Victim
RIGOR MORTISScientific=Expert EvidenceSecondary Evidence
Section 6Section 10Section 27
Section 165Solitary WitnessSudden Provocation
Tape Recorded ConversationTestimony of Police
Accident in the Course of EmploymentAd-hoc=Casual EmploymentContract Labour
Disciplinary ActionDISENGAGEMENT RETRENCHMENTDoctrine of Proportionality
IndustriesMisconductProof of Employment
Regularization of ServiceWorkmanTermination of Service
Section 25F of Industrial Disputes ActSection 10 - Industrial Disputes ActReinstatement = Back Wages
Determination of Market ValueDevelopment ChargesInterest on Solarium
Sec17Sec 6Section 18 & 50
Doctrine of Exdebito JusitiaeDoctrine of Reading DownInvestigation and Inquiry Distinction
Legislative IntentMimansa Principle of InterpretationPurposive Interpretation
Scope of Precedent
Contributory NegligenceFake LicenceGenuineness of the Licence
Hirer LiabilityJust CompensationNO FAULT LIABLITY
Non Payment of PremiumPay and RecoverPlying without Permit
Premium UnpaidRash and Negligence - IPC 427Scheme of Motor Vehicle Act
Section 11 of Motor Vehicle ActSection 92A and 92B of Motor Vehicles Act 1939Section 149(2)
Section 163 A and 166 of Motor Vehicles ActSection 163A of Motor Vehicle Act 1988Section 170 of Motor Vehicle Act
Third Party LiabilityThird Party=Person=Vehicle
Account ClosedCause of ActionCivil Suit and Criminal Complaint No Resjudicata
Complaint by Power of AttorneyCompounding the OffenceDefault Sentence While Ordering Compensation
Handwriting ExpertLegally Enforceable Debt-Burden of ProofLimitation
NoticePerson in Charge of the CompanyPost Dated Cheque
Prosecution of a CompanyProsecution of a Sick IndustryScope of Section 138
Section 118 A of NI ActSentencing-Power of a MagistrateStandard of Proof-Presumption
Stop PaymentTerritorial JurisdictionVicarious Liability
Abuse of Process of CourtBonafide requirementDefault in Payment of Rent
Fixation of Fair RentStatus of LandlordSub-tenancy
Tenant Meaning
SC Judgments Index

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