In the absence of a registered instrument, if the tenant only relies upon an unregistered instrument or an oral agreement accompanied by delivery of possession, the tenant is not entitled to possession of the secured asset for more than the period prescribed under the provisions of the Transfer of Property Act – M. Ezhilmaran Vs. K.Karunanidhi – Madras High Court

In the present case, admittedly, the appellant/tenant entered into a rental agreement with the landlord only after creation of mortgage by the landlord in favour of the respondent no.2 bank. Further, the appellant/tenant claimed that he is entitled to possession of a Secured Asset for a term of more than a year, but he has failed to produce the registered rental agreement. In the above decision, it was clarified that in the absence of a registered instrument, if the tenant only relies upon an unregistered instrument or an oral agreement accompanied by delivery of possession, the tenant is not entitled to possession of the secured asset for more than the period prescribed under the provisions of the Transfer of Property Act. Therefore, the appellant/tenant being “tenant-in-sufferance” is not entitled to any protection of the Rent Act.

In the absence of a registered instrument, if the tenant only relies upon an unregistered instrument or an oral agreement accompanied by delivery of possession, the tenant is not entitled to possession of the secured asset for more than the period prescribed under the provisions of the Transfer of Property Act – M. Ezhilmaran Vs. K.Karunanidhi – Madras High Court Read Post »