Tenant Refused to Sign: How One Missing Document Became a 2-Year Legal Battle

December 5, 2025
Legal Team
5 min read

It started with a simple request from a Chennai landlord: sign a written tenancy agreement. The tenant declined. What followed was not a quick eviction — it was a drawn-out legal battle through multiple levels of courts that could have been avoided entirely if the written agreement had been in place from day one.

The case of M. Vijayakumar v. Rajeswari (Deceased) is one of the clearer examples in Tamil Nadu's Rent Court jurisprudence of Section 21(2)(a) being used as an eviction ground — and even then, the process was far from quick.

What Happened

The landlord issued formal notice to the tenant to enter into a written tenancy agreement as required by the TN Tenancy Act 2017. The tenant refused or failed to comply. The landlord then filed an eviction petition under Section 21(2)(a) of the Act — which explicitly allows eviction when a tenant fails to enter into a written agreement after being asked.

The Madras High Court ultimately allowed the eviction on this ground, but the path to that outcome required significant time, legal expense, and court appearances. The tenant's refusal to sign did not prevent the eventual eviction — it just made everything more expensive and slower for both sides.

What Went Wrong Legally

In Tamil Nadu, Section 21(2)(a) of the TNRRLTA 2017 is an often-overlooked but powerful provision. It gives landlords the right to seek eviction if the tenant refuses to execute a written tenancy agreement after being formally notified. But the process still requires court proceedings — it is not automatic. A written agreement executed upfront eliminates the need for this entire track.

Case Reference

Case: M. Vijayakumar v. Rajeswari (Deceased)

Court: Madras High Court

Provision: Section 21(2)(a), TNRRLTA 2017

Holding: Eviction allowed for failure to enter into written agreement.

Source: CaseMine — casemine.com/judgement/in/631f42c3ded8522b94ffb706

How a Proper Agreement Prevents This

If both parties had signed and registered a rental agreement for Tamil Nadu at the start of the tenancy, there would be no grounds for Section 21(2)(a) action. Disputes would be resolved under the clear terms of the agreement, not in a courtroom. The written agreement is not bureaucracy — it is protection for both sides.

Related Cases

Still deciding · free

Not sure what your document actually says?

Upload or paste an agreement, notice or letter and get a plain-English read of what it commits you to and what its deadlines are. Free, no account needed.

Ready to act

Ready for a rental agreement?

Generate one in about ten minutes for ₹49. State-specific clauses, instant PDF, emailed to both parties.