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Madras High Court· 21 September 2026

Must a person claiming to be a tenant prove the landlord, the period of tenancy and the rate of rent?

R.DURAI (Died) v. S.UMAPATHY
SA.848/2003 · 2026:MHC:3870 · S.A. No.848 of 2003
Coram: Justice R.Sakthivel
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Answer

A person claiming to be a tenant must prove the landlord, the period of tenancy and the rate of rent.

Yes. A person claiming to be a tenant must prove the landlord, the period of tenancy and the rate of rent. The plaintiff did not specify under whom he was a tenant, mentioned nothing about the period of tenancy or the rate of rent, deposited no rent before the Court, produced no rental agreement with the real owner and did not examine the person alleged to have let the property to him.

Headnote

Permanent injunction — Unlawful occupant — True owner — Tenancy — Proof — Adverse possession — Earlier suit — Permanent injunction — Unlawful occupant against the true owner — Held: An unlawful occupant cannot seek a permanent injunction against the true owner of the property, and the equitable relief must be refused to one who is neither a tenant nor a lawful occupant. (¶21, 23) Tenancy — Plea of tenancy — What must be proved — Held further: A person claiming to be a tenant must prove the landlord, the period of tenancy and the rate of rent; an unregistered rental agreement unsupported by proof of payment or by the lessor's evidence establishes nothing. (¶20) Adverse possession — Finding in an earlier suit — Difference in described extent — Held further: A finding of title by adverse possession in an earlier suit applies to the same property where only the described extent differs and the identity, lie and location are the same. Second Appeal dismissed. (¶19, 24)

Headnote

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In the Court's own words
Paragraph 20The plaintiff claims to be a tenant in the suit premises. He did not specify about his land lord or under whom he was a tenant. He did not also mention anything about the period of tenancy or rate of rent. He did not deposit any rent due before the Court. The plaintiff has not produced any rental agreement between him and the real owner / first defendant herein. However, during trial, the plaintiff pressed into service Ex-A.16 - Rental Agreement, which was not originally filed along with the plaint. The same is an un-registered one. The said document would recite that first defendant's brother - Sidhanandam rented out an extent of 18 feet x 13 feet within the suit property in favour of the plaintiff herein to set up and run a petty / bunk shop for a period of three years for a monthly rent of Rs.150/-. Even while assuming it to be true and valid, there is no evidence available on record to show that the plaintiff ever paid the monthly rent of Rs.150/- under the rental agreement to Sidhanandam. If really the plaintiff is a bona fide tenant of a property having title dispute, he would have atleast deposited the alleged monthly rent before the Court after institution of the present Suit, but he did not do so. It is pertinent to note that the plaintiff did not examine Sidhanandam to prove the alleged Rental Agreement and alleged payment of rent thereof.

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Also decided in this judgment
Can an unlawful occupant seek a permanent injunction against the true owner of the property?Does a finding of title by adverse possession in an earlier suit apply to the same property where only the described extent differs?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections