Transfer of Property Act, 1882
("TOPA"), a central
legislation, contains the general law governing the transfer of
property by the acts of parties including the lease of immovable
properties. It specifies the rights and liabilities of landlord and
tenant, in absence of contract to the contrary.
However, several States have enacted rent or tenancy laws which
regulate the rights and obligations of landlord and tenant. These
laws provide certain provisions for effectively handling the
situations in terms of contract between landlord and tenant and
issues revolving around them. These special laws often exclude
ordinary jurisdiction of civil courts. Instead, they confer
exclusive jurisdiction to special courts to adjudicate specified
disputes between landlord and tenant.
