Reader’s Digest: If you are a judiciary aspirant, then reading important laws, rules and regulations must be your daily ritual. Do you know what are the tenant laws? If not, stay here. Read this blog post to know the five most important tenant laws that every Judiciary aspirant must know.

Why You Must Know Tenant Laws for Judiciary Exams 2023?

Assume that you have successfully cleared the judicial services exam. Now, you have become the Civil Judge of your district. One day a case came to your attention in which the tenant was being tortured for undue rent by the landlord.

You want to help the tenant by delivering justice. However, you are unaware of the tenant laws. How will you carry out the responsibilities of a civil judge? How will you ensure that the tenant gets justice? 

So, you must know the most important tenant laws in order to be the protector of justice. 

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Must Know Tenant Laws: Indian Contract Act, 1872

You must know the Indian Contract Act because whenever you rent out any property, there is a legal contract between the landlord and the tenant. This is a binding contract. So, you must know the essential components of an Indian Contract. 

It is one of the oldest mercantile laws in India. Came into effect on 1 September 1872, the Indian Contract Act applies to the entire part of the country. As a matter of fact, it compromises a total of 266 sections which makes it the principal law regulating contracts across India.

Refer to the list of crucial pointers for the tenant:

What is a Contract?

The Indian Contract Act 1872 defines the term “Contract” under its section 2 (h) as “An agreement enforceable by law.” The two major elements of this definition are: "agreement” and “enforceable by law.” 

What is a Promise?

When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise.

Promises which form the consideration or part of the consideration for each other are called reciprocal promises.

Following are the cases of agreements. 

• An agreement not enforceable by law is said to be void
• An agreement enforceable by law is a contract
• An agreement that is enforceable by law at the option of one or more of the parties to that but not at the option of the other or others is a voidable contract.
• A contract that ceases to be enforceable by law becomes void when it ceases to be enforceable.

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What is Fraud?

As per the legal definition of “Fraud,” it includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party to that of his agent, or to induce him to enter into the contract:

(1) the suggestion, as a fact, of that which is not true by one who does not believe it to be true; 

(2) the active concealment of a fact by one having knowledge or belief of the fact; 

(3) a promise made without any intention of performing it; 

(4) any other act fitted to deceive; 

(5) any such act or omission as the law specially declares to be fraudulent. 

What is Fraud?

As per the legal definition of “Fraud,” it includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party to that of his agent, or to induce him to enter into the contract:

(1) the suggestion, as a fact, of that which is not true by one who does not believe it to be true; 

(2) the active concealment of a fact by one having knowledge or belief of the fact; 

(3) a promise made without any intention of performing it; 

(4) any other act fitted to deceive; 

(5) any such act or omission as the law specially declares to be fraudulent. 

Illustrations 

Following are the possible cases of fraud that every tenant must know:

(a) A sells, by auction, to B a horse that A knows to be unsound. A says nothing to B about the horse‟s unsoundness. This is not fraud in A. 

(b) B is A‟s daughter and has just come of age. Here, the relation between the parties would make it A‟s duty to tell B if the horse is unsound. 

(c) B says to A - “If you do not deny it, I shall assume that the horse is sound.” A says nothing. Here, A‟s silence is equivalent to speech. 

(d) A and B, being traders, enter upon a contract. A has private information about a price change that would affect B‟s willingness to proceed with the contract. A is not bound to inform B. 

Difference between Contract and Agreement

Go through the table to know the difference between the contract and the agreement. 

Contract	Agreement
A contract is an agreement that is enforceable by law.	A promise or several promises that are not contradicting and are accepted by the parties involved is an agreement.
A contract has to create some legal obligation.	An agreement doesn’t make any legal obligations.
A contract is only legally enforceable.	An agreement must be socially acceptable. It may or may not be enforceable by the law.
All contracts are also agreements.	An agreement may or may not be a contract.

Must Know Tenant Laws: Transfer of Property Act 

Transfer of Property Act is a general law that every tenant must know. Sections 105 to 117 govern the rights and obligations of the tenants and landlord.

If there is no mention of any conflict in the local laws, then you can trust the Transfer of Property as the sole authority. TPA is a blanket law on the tenancy. 

Refer to the following definitions and laws from the Transfer of Property Act:

What is the transfer of property? 

“Transfer of property” defined in the following sections, “transfer of property” means an act by which a living person conveys property, in the present or future, to one or more other living persons, or himself, [or it himself] and one or more other living persons; and “to transfer property” is to perform such act.

What may be transferred under the provisions of the Transfer of Property Act?

Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force:

(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a relative, or any other mere possibility of a like nature, cannot be transferred.

(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby.

(c) An easement cannot be transferred apart from the dominant heritage.

(d) An interest in property restricted in its enjoyment to the owner personally cannot be

transferred by him.

(e) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it becomes payable.

What is the oral transfer?

A transfer of property may be made without writing in every case in which writing is not expressly required by law. 

What are the directions for accumulation?

Direction for accumulation is possible in the following circumstances:

(1) Where the terms of a transfer of property direct that the income arising from the property shall be accumulated either wholly or in part during a period longer than

(a) the life of the transferor or 

(b) a period of eighteen years from the date of the transfer, the such direction shall save as in the future provided, be void to the extent to which the period during which the accumulation is directed exceeds the length of the periods mentioned above, 

(c) and, at the end of the such the last-mentioned period, the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed. 

(2) This section shall not affect any direction for accumulation for the purpose of

(i) the payment of the debts of the transferor or any other person taking any interest under the transfer or 

(ii) the provision of portions for children or remoter issue of the transferor or any other person taking any interest under the transfer, or 

(iii) the preservation or maintenance of the property transferred, and such direction may be made accordingly

Must Know Tenant Laws: Local Accommodation Laws

You must know the local accommodation laws of the state where you reside if you are a tenant. Otherwise, study the accommodation law of the specific state you apply for the Civil Judge post.

We have listed below a few local laws that every tenant must know:

MP Accommodation and Control 

This Act provides for the regulation and control of letting and rent of accommodations for expeditious trial of eviction cases on the ground of "bona fide" requirement of [certain categories of landlords] and generally to regulate and control eviction of tenants from accommodations and for other matter connected therewith or incidental thereto.

Who is the landlord?

"Landlord" means a person who, for the time being, is receiving, or is entitled to receive, the rent of any accommodation.

Whether the rent is on his account or account of or on behalf of or for the benefit of any other person or as a trustee, guardian, or receiver for any other person who would receive the rent or be entitled to receive the rent. 

It includes every person not being a tenant who derives title under a landlord from time to time. 

Rajasthan Tenancy Act 

This law governs the relationship between a tenant and landlord. Providing for certain measures of land reform and matters related to the law relating to tenancies of agricultural lands under the Rajasthan Tenancy Act.

Must Know Tenant Laws: Specific Relief Act, 1963

The suggestive name, the Specific Relief Act, lists the relief measures for the tenants. Nowadays, we see many crimes and injustices happening to tenants. 

One such case is of Ram Lal. Born in the Hisar district of Haryana, he moved to Delhi in search of a prosperous job. He was looking for a rental property to stay in New Delhi. Someone in his known gave the reference to Mr. Singh. 

When he went to Mr. Singh, he demanded the whole rent for a year. After staying at the rented property for about three months, the landowner accused Ram Laal of emptying the property. 

Ram Lal was in a dilemma. If he agrees to Mr. Singh’s unwanted demand, then he will be homeless. Also, he will lose the advance money that he deposited as rent.

He decided to consult Sarthak, his friend who was a civil judge in Madhya Pradesh. He suggested some measures that Ram Laal could take if his landlord unlawfully dispossessed him of the property. 

He suggested filing a lawsuit against Mr. Singh under Section 6 of the Specific Relief. The suit must follow the provisions of the Civil Procedure Code. 

Sarthak told some of the more laws to Ram Laal, which are as follows:

In which case can the tenant file a lawsuit against the landlord?

A suit by a person dispossessed of immovable property is possible under the following cases:

(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person 

(2) No suit under this section shall be brought - 

(a) after the expiry of six months from the date of dispossession; or 

(b) against the Government. 

(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed. 

(4) Nothing in this section shall bar any person from suing to establish his title to such property and recover possession. 

What are the cases in which the tenant or landlord is liable for compensation?

Power to award compensation in certain cases as mentioned below:

(1) In a suit for the specific performance of a contract, the plaintiff may also claim compensation for its breach.

(2) If in any such suit, the court decides that specific performance ought not to be granted but that there is a contract between the parties that the defendant has broken and that the plaintiff is entitled to compensation for that breach, it shall award him such compensation accordingly.

(3) If in any such suit, the court decides that specific performance ought to be granted but that it is not sufficient to satisfy the justice of the case and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly.

(4) In determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the Indian Contract Act, 1872 

(5) No compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint:

Explanation: The circumstances that the contract has become incapable of specific performance do not preclude the court from exercising the jurisdiction conferred by this section.

Summing Up: You read all the important laws that every tenant must know. Don’t keep these laws a secret! Save this blog post and share it with your friends too. Good Luck with your judiciary preparation. Happy Reading!

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