PROJECT REPORT

ON

RIGHTS AND DUTIES OF TENANT AND LANDLORD UNDER MP

ACCOMMODATION CONTROL ACT, 1961

Submitted to:
Dr. Achana Shyam Gharote,
(Faculty: Land Laws)

Submitted By:
Onindya Mitra
Roll No: 194
Semester: VIII
Section: B
B.A. LL.B. (Hons.)

HIDAYATULLAHNATIONALLAWUNIVERSITY
RAIPUR (C.G.)
 Acknowledgements

I feel highly elated to work on the topic ‘Rights and Duties of tenant and landlord under MP
Accommodation Control Act, 1961’ because it has significant importance.

I express my deepest regard and gratitude for Dr. Archana Shyam Gharote, Faculty of Land laws,
HNLU, Raipur. Her consistent supervision, constant inspiration and invaluable guidance have
been of immense help in understanding and carrying out the importance of the project report.

I would like to thank my family and friends without whose support and encouragement, this
project would not have been a reality.

I take this opportunity to also thank the University and the Vice Chancellor for providing
extensive database resources in the Library and through Internet.

Onindya Mitra
Semester – VIII
Roll No. - 194
Section – B
B.A., L.L.B (Hons.)

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 TABLE OF CONTENTS

Contents
Acknowledgements.....................................................................................................................................1
Introduction.................................................................................................................................................3
Objectives....................................................................................................................................................3
Research Methodology................................................................................................................................3
The Legal Aspects of accomodation Control................................................................................................4
MP Accommodation Control Act, 1961.......................................................................................................6
Important Provisions of the Act...................................................................................................................7
Rights and Duties OF The Tenant and the landlord...................................................................................10
Eviction under the MP Accommodation act, 1961....................................................................................14
Conclusion.................................................................................................................................................18
Bibliography...............................................................................................................................................19

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 Introduction
Received the assent of the President on the 25th December, 1961; assent first published in the
Madhya Pradesh Gazette, Extraordinary on the 30th December, 1961.
[An Act to provide for the regulation and control of letting and rent of accommodations, for
expeditious trial of eviction cases on 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.
It was enacted by the Madhya Pradesh Legislature in the Twelfth Year of the Republic of India 
The preamble of the Act states that
“it is an Act to provide for adjudication of matters relating to accommodation by a
Tribunal and to promote leasing of accommodation by balancing the interests of landlords and
tenants.”
This Act deals with the provisions of the payment of rent, control of rent, standard rent and
provides for the protection of the tenant and for the eviction of the tenant on ground of bonafide
requirement of the landlord.

Objectives
The main objectives of this project are:

 Rights and Duties of tenant under MP Accommodation Control Act, 1961

 Rights and Duties of landlord under MP Accommodation Control Act, 1961.

Research Methodology
The research methodology used in this project is analytical and descriptive. It is largely based on
electronic and secondary sources of data.

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 The Legal Aspects of accomodation Control

Under the Indian Constitution, housing (provision of) is a state subject. Thus, the enactment and
enforcement of Accommodation control laws is the responsibility of the individual states. While
this is in accordance with the federal nature of the Indian Republic, it makes a comparative
analysis of the Accommodation control laws that much more difficult. The common thread
running through almost all rent control Acts and legislations is that they are intended to serve
two purposes:

1. To protect the tenant from eviction from the house where he is living except for defined
reasons and on defined conditions; and

2. To protect him from having to pay more than a fair/standard rent.

But most acts also confer upon the landlord the right to evict a tenant who is guilty of certain
specified acts and also when the landlord requires the house for his own personal occupation.
There are various grounds under which a landlord can evict a tenant.

1. Breach of condition of tenancy

2. Subletting

3. Default in payment of rent for specified period

4. Requirement of building for own occupation

5. Material deterioration in the condition of the building

The landlord is required to specify the exact provision of the relevant act under which he is
seeking the eviction of the tenant, to enable the tenant to take any remedial action provided in the
act. The whole idea of a rent control act is to control and regulate eviction of tenants and not to
stop it altogether. Exemptions have been granted to various sections of the Rental Housing
Market under many of the Rent Control Acts:

• Properties belonging to the government

• Any tenancy created by a grant from the Government in respect of the premises taken on lease
4
or requisitioned, by the Government.

The amount may vary from state to state. One bone of contention over the years has been the
feature of most Rent Control Acts to grant exemptions to the properties owned by the
government. While some say that this is a discriminatory practice, their argument is dismissed by
the assertion that the government is not expected to raise rents or eject tenants in the pursuit of
higher revenues. Thus tenants of government owned properties are in no need of protection.

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 MP Accommodation Control Act, 1961

Received the assent of the President on the 25th December, 1961; assent first published in the
Madhya Pradesh Gazette, Extraordinary on the 30th December, 1961.
[An Act to provide for the regulation and control of letting and rent of accommodations, for
expeditious trial of eviction cases on 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.
It was enacted by the Madhya Pradesh Legislature in the Twelfth Year of the Republic of India 
The preamble of the Act states that
“it is an Act to provide for adjudication of matters relating to accommodation by a
Tribunal and to promote leasing of accommodation by balancing the interests of landlords and
tenants.”
This Act deals with the provisions of the payment of rent, control of rent, standard rent and
provides for the protection of the tenant and for the eviction of the tenant on ground of bonafide
requirement of the landlord.

6
 Important Provisions of the Act

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "accommodation"  means any building or part of a building, whether residential or non-

residential and includes,-

(i) any land which is not being used for agricultural purposes;

(ii) garden, grounds, garages and out-houses, if any, appurtenant to such building or part of the
building;

(iii) any fittings affixed to such building or part of a building for the more beneficial enjoyment
thereof;

(iv) any furniture supplied by the landlord for use in such building or part of building;1

(b)  "landlord" means a person, who, for the time being, is receiving, or is entitled to receive, the
rent of any accommodation, whether on his own account or on 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 or who
would so receive the rent or be entitled to receive the rent, if the accommodation were let to a
tenant and includes every person not being a tenant who from time to time derives title under a
landlord;2

(i) "tenant" means a person by whom or on whose account or behalf the rent of any

accommodation is, or, but for a contract express or implied, would be payable for any
accommodation and includes any person occupying the accommodation as a sub-tenant and also,
any person continuing in possession after the termination of his tenancy whether before or after
the commencement of this Act; but shall not include any person against whom any order or
decree for eviction has been made;3
1
MP Accommodation Control Act, 1961

2
MP Accommodation Control Act, 1961

3
MP Accommodation Control Act, 1961

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3. Act not to apply to certain accommodations. - (1) Nothing in this Act shall apply to-
(a) accommodation which is the property of the Government;

(b) accommodation which is the property of a local authority used exclusively for non-
residential purposes.

(2) The Government may, by notification, exempt from all or any of the provisions of this Act any
accommodation which is owned by any educational, religious or charitable institution or by any
nursing or maternity home, the whole of the income derived from which is utilised tor that
institution or nursing home or maternity home.4

7. Standard rent. - "Standard rent" in relation to any accommodation means-

(1) where reasonable annual rent or fair rent has been fixed by a competent authority under
the repealed Act or prior to the commencement of the repealed Act, as the case may be, by
a competent authority under the enactment for the time being in force, such reasonable
annual rent or fair rent ;

(2)(i) where the accommodation was let out on or before the 1st day of January, 1948, and
the reasonable annual rent or fair rent has not been so fixed, the rent of that
accommodation as shown in the Municipal Assessment Register or as was realised on the
1st day of January, 1948, whichever is less; or

(ii) where the accommodation was not let out on or before the 1st day of January,
1948, the rent of that accommodation as shown in the Municipal Assessment
Register or as could be realised on the 1st day of January, 1948, whichever is less ;
increased-

(a) in the case of a residential accommodation and accommodation used for

education purposes, by thirty-five per cent of such rent;

(b) in the case of other accommodation, by seventy per cent of such rent; and

4
MP Accommodation Control Act, 1961

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 (c) in case the tenant is not liable to pay the municipal tax and there has been
any increase in municipal tax subsequent to 1st day of January, 1948

Provided that the increase specified in paragraphs (a) and (b) shall be permissible only if the
accommodation has been kept in good and tenantable repairs;
(3) in case of accommodation not falling under clause (1) or (2) above,-

(a) if the accommodation is separately assessed to municipal assessment, the annual

rent according to such assessment plus fifteen per cent thereon;

(b) if only a part of the accommodation is so assessed, the proportionate amount of the
annual rent for the whole accommodation according to such assessment plus fifteen
per cent thereon;

(c) if the accommodation is not so assessed,-

(i) the annual rent calculated with reference to the rent agreed upon between
the landlord and the tenant when such accommodation is first let out, and if
it has not been so let out, to such amount for which it could be let out
immediately after its construction was completed; or

(ii) the annual rent calculated on the basis of annual payment of an amount
equal to 6¾ per cent per annum of the aggregate amount of the actual cost
of construction and the market price of the land comprised in the
accommodation on the date of the commencement of the construction;

Rights and Duties OF The Tenant and the landlord

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SECTION TENANT LANDLORD
NO
RIGHTS DUTIES RIGHTS DUTIES
5 (1) No tenant shall - - No land lord must
be liable to pay take rent above the
access rent. standard Rent. Any
(2) Any agreement agreement entered
entered for the for the payment of
payment of rent will rent will be
be construed as construed as
standard rent only. standard rent only.

6 (5) any payment (3) ) it shall not be (4)not applicable to (1) no person shall
made under sub lawful for the any payment made receive rent above
section 4 will be tenant or any other under an agreement the standard rent
considered as person acting or by any person to a (2) no person shall,
payment of rent in purporting to act landlord for the in consideration of
advance. on behalf of the purpose of financing the grant, renewal
tenant or a sub- the construction of or continuance of a
tenant to claim or the whole or part of tenancy or sub-
receive any any accommodation tenancy of any
payment in on the land accommodation
consideration of belonging to, or A. Claim or receive
the taking on lease, by the payment of any
relinquishment, the landlord, if one sum as premium or
transfer or of the conditions of claim or receive any
assignment of his the agreement is consideration
tenancy or sub- that the landlord is whatsoever, in cash
tenancy, as the to let to that person or in kind, in
case may be, of the whole or part of addition to the rent
any the accommodation B.Except by
accommodation when completed for permission from
the use of that rent controlling
person or any authority get rent
member of his for more than one
family month.
8 (1) where the
landlord has
incurred expenditure
for any
improvement,
addition or
structural alteration
in the
accommodation not
being expenditure

10
 on decoration or
tenantable repairs
necessary and the
cost of that
improvement,
addition or
alteration has not
been taken into
account, in
determining the rent
of the
accommodation, the
landlord may
lawfully increase the
standard rent per
year by an amount
not exceeding ten
per cent of the rent
payable
(2) where landlord
pays in respect of
accomodationany
any charge for
electricity or water
consumed in the
accommodation or
any other charge
levied by a local
authority having
jurisdiction in the
area which is
ordinarily payable by
the tenant, he may
recover from the
tenant the amount
so paid by him.but
the above charge
will noit be taken up
as increase in the
rent.
9 If the landlord If the land lord
wishes to increase wants to increase
the rent of the the rent of the
accommodation accommodation
then the landlord then he has to give
can increase only notice for the same
after expiration of to the tenant and
30 days of notice. the rent increased

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 must be only after
the expiration of 30
days of the notice.
14 The tenant has to The landlord has the
inform the landlord right to know about
before subletting the subletting or
or before tranferring of the
tranferring the right of tenancy if
tenancy right not he may take
suitable action
according to the act.
24 Every tenant who Every tenant shall Every landlord under The landlord after
makes a payment of pay rent within the this section shall be receiving the rent
rent to his landlord time fixed by liable to from the landlord
shall be entitled to contract or in the within the time fixed
obtain forthwith absence of such by contract or in the
from the landlord contract, by the absence of such
or his authorised fifteenth day of the contract, by the
agent, a written month next fifteenth day of the
receipt for the following the month next
amount paid to month for which it following the month
him, signed by the is payable shall give a receipt
landlord or his for the same signed
authorised agent. by him or by his
If landlord or the authorized agent.
authorized agent
refuses to give the
receipt he may
approach the rent
controlling
authority for the
same.
37  If the landlord Every landlord shall
neglects or fails to be bound to keep
make, within a the accommodation
reasonable time in good and
after notice in tenantable repairs.
writing, any repairs
which he is bound
to make under sub-
Section (1), the
tenant may make
the same himself
and deduct the
expenses of such
repairs from the
rent 

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If the repair if such
nature that it
cannot be avoided
and the landlord is
not taking it into
consideration the
tenant may go to
the rent control
authority and make
complain for the
same.
Provisions regarding eviction has been dealt separately

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 Eviction under the MP Accommodation act, 1961

The present section deals with the eviction. Eviction is the most disputed part of the act here the
rights and liabilities of the landlord and the tenant normally collide. Due to the collision there is a
scope to many cases and also to other things. This is the main part where the cases are made
hence the rights and liabilities either of the tenant or the landlord is suppressed. This acts deals
with the eviction of the tenant in two parts first in chapter 3 which is” control on eviction of
tenant” and second in chapter 4 which is the “eviction of the tenant for the bonafide
requirements” by the landlord.

1. Section 12 of the act imposes restriction on the landlord that no suit shall be filed in any
civil court against a tenant for his eviction from any accommodation except on one or
more of the following grounds:

A) that the tenant has neither paid nor tendered the whole of the arrears of the rent legally
recoverable from him within two months of the date on which a notice of demand for the
arrears of rent has been served on him by the landlord in the prescribed manner;
(b) that the tenant has, whether before or after the commencement of this act, unlawfully sub-
let, assigned or otherwise parted with the possession of the whole or any part of the
accommodation for consideration or otherwise;
(c) that the tenant or any person residing with him has created a nuisance or has done any act
which is inconsistent with the purpose for which he was admitted to the tenancy of the
accommodation, or which is likely to affect adversely and substantially the interest of the
landlord therein:
2. Provided that the use by a tenant of a portion of the accommodation as his office shall not
be deemed to be an act inconsistent with the purpose for which he was admitted to the
tenancy;
(d) that the accommodation has not been used without reasonable cause for which it was let,
for a continuous period of six months immediately preceding the date of the filing of the suit
for the recovery of possession thereof;
(f) that the accommodation let for non-residential purposes is required bonafide by the
landlord for the purpose of continuing or starting his business or that of any of his major sons
or unmarried daughters if he is the owner thereof or for any person for whose benefit the
accommodation is held and that the landlord or such person has no other reasonably non-
residential accommodation of his own in his occupation in the city or town concerned];

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 (g) that the accommodation has become unsafe, or unfit for human habitation and is required
bonafide by the landlord for carrying out repairs which cannot be carried out without the
accommodation being vacated;
(h) that the accommodation is required bonafide by the landlord for the purpose of building
or rebuilding or making thereto any substantial additions or alterations and that such building
or re-building or alterations cannot be carried out without the accommodation being vacated;
(i) that the tenant has, whether before or after the commencement of this act, built, acquired
vacant possession of, or, been allotted an accommodation suitable for his residence;
(j) that the accommodation was let to the tenant for use as a residence by reason of his being
in the service or employment of the landlord, and that the tenant has ceased, whether before
or after the commencement of this act, to be in such service or employment;
(k) that the tenant has, whether before or after the commencement of this act, caused or
permitted to be caused substantial damage to the accommodation;
(l) that the tenant has given written notice to quit and in consequence of that notice, the
landlord has contracted to sell the accommodation or has taken any other step as a result of
which his interests would seriously suffer if he is not put in possession of that
accommodation;
(m) that the tenant has, without the written permission of the landlord, made or permitted to
be made, any such construction as has materially altered the accommodation to the detriment
of the landlord's interest or is likely to diminish its value substantially;
(n) in the case of accommodation which is open land, that the landlord requires it for
constructing a house on it;
(o) that the tenant has without the written permission of the landlord also taken possession of
such portion or portions of accommodation which is not included in the accommodation let
to him and which the tenant has not vacated in spite of a written notice of the landlord in that
behalf;
(p) that the tenant has been convicted under any law for the time being in force of an offence
of using the building or allowing the building to be used for immoral or illegal purposes

Section 13 of the act deals when the tenant can get benefit of protection from eviction: the tenant
may use the measure given in section 13(1) which states that that tenant to avoid the eviction
must give the amount of rent from one after the date of the writ or the suit and the same must be
submitted to the court or the landlord for the 2 months and must give for coming months

15
accordingly. The court has the power to decide the provisional rent for the same if the amount is
unsuitable.

(4) if the court finds that the particular writ or the appeal is frivolous the court may order eviction
and proceed with the hearing.

Section 15duty on the tenant to give notice for the sub-tenancy : any accommodation is sub-let
either in whole or in part by the tenant with the previous consent in writing of the landlord, the
tenant or the sub-tenant to whom the accommodation is sub-let may, in the prescribed manner,
give notice to the landlord of the creation of the sub-tenancy within one month of the date of
such sub-letting and notify the termination of such sub-tenancy within one month of such
termination.

Section 18. Recovery of possession for repairs and re-building and re-entry. - (1) in making any
order on the grounds specified in clause (g) or clause (h) of sub-section (i) of section 12, the
court shall ascertain from the tenant whether he elects to be placed in occupation of the
accommodation or part thereof from which he is to be evicted, and, if the tenant so elects, shall
record the fact of the election in the order and specify therein the date on or before which he
shall deliver possession so as to enable the landlord to commence the work of repairs or building
or re-building, as the case may be.

(2) if the tenant delivers possession on or before the date specified in the order, the landlord
shall, on the completion of the work of repairs or building or re-building place the tenant in
occupation of the accommodation or part thereof, as the case may be, within one month of the
completion of such work.

(3) if, after the tenant has delivered possession on or before the date specified in the order, the
landlord fails to commence the work of repairs or building or re-building within one month of
the specified date or fails to complete the work in a reasonable time or having completed the
work, fails to place the tenant in occupation of the accommodation in accordance with sub-
section (2), the court may, on an application made to it in this behalf by the tenant within such
time as may be prescribed, order the landlord to place the tenant in occupation of the
accommodation or part thereof or to pay to the tenant such compensation as the court thinks fit.

16
20. Special provision for recovery of possession in certain cases. - where the landlord in respect
of any accommodation is any company or other body corporate or any local authority or any
public institution and the accommodation is required for the use of employees of such landlord,
or, in the case of a public institution, for the furtherance of its activities, then, notwithstanding
anything contained in section 12 or in any other law, the court may, on a suit being filed before it
in this behalf by such landlord, place the landlord in vacant possession of such accommodation
by evicting the tenant and every other person who may be in occupation thereof, if the court is
satisfied-

(a) that the tenant to whom such accommodations were let for use as a residence at a time when
he was in the service or employment of the landlord, has ceased to be in such service or
employment; or

(b) that the tenant has acted in contravention of the terms, express or implied, under which he
was authorised to occupy such accommodation; or

(c) that any other person is in unauthorised occupation of such accommodation; or

(d) that the accommodation is required bonafide by the public institution for the furtherance of
its activities.

17
 Conclusion
Although the act is in place, yet there are a lot of loopholes in the act. Further there are various
arguments against the provisions, which are as follows5:

1. The Flawed Nature of MP Accommodation Act: The structure of variousAccommodation

control acts renders them contradictory to other laws of the land in some situations, plus
the laws differ from state to state hence no standardized format.
o The law relating to the landlord’s rights to evict the tenant can be found in the
Transfer of Property Act, 1882. While a landlord can immediately start an action
for eviction of a tenant on expiry of the notice of eviction under Section 106 of
theTransfer of Property Act, 1882, he cannot start such an action where the MP
AccommodationControl Act applies, unless he can prove the existence of one of
the grounds of eviction under the Accommodation control.
o The various acts relating to the control of accommodation in urban areas are
examples of legislation interfering with the right to hold and dispose of property
under Article 19(1)(f) of the Constitution of India. But such acts exist because
they are considered to be necessary in public interest in times of shortage of
houses.
2. Ineffectiveness of the Provisions- The provisions have not been veryeffective and useful
due to the less knowledge and the act being not implemented to its fullest.
3. Poorly written Acts: The following observations from the provisions and
annexuresclearly highlight the fact that most of the provisions are general in nature and
thus their implementation is bound to be problematic.as the act which deals with the
matter of Accommodation should be specific and the loopholes must not be there.

18
 Bibliography

Legislations Referred-
 MP Accommodation Control Act, 1961.

19