Section 55 of TPA: Rent Control or Not?
property ailet advanced poll_styleOkay guys, let's discuss this tricky question. Suppose X is a tenant in a property in Delhi and the landlord wants to terminate the agreement, but the Rent Control Act is applicable in that area. Section 55 of TPA (Transfer of Property Act) says that where a contract of leasing is made by a lessor in contravention of a law imposing a restriction on the right to transfer a building or a part thereof, such contract is void and the lessor is liable for any loss or damage suffered by the lessee.
Now, assume the Rent Control Act is more lenient than the landlord's original terms (let's say 3 years' notice period instead of 6 months). Which of the following is correct?
A) X cannot terminate the agreement till the landlord complies with the Rent Control Act's notice period.