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R. N. MANJULA
Vaduganathan Talkies, A Partnership Firm, Represented by its Partner, L. Subbiah, Chidambaram – Appellant
Versus
S. R. Ravichandran – Respondent
JUDGMENT
(Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the order dated 23.04.2022 made in I.A.No.4 of 2022 in R.L.T.O.P.No.5 of 2021 on the file of the learned Principal District Munsif, Chidambaram.)
1. This Civil Revision Petition has been preferred challenging the order of the learned Principal District Munsif, Chidambaram, dated 23.04.2022 made in I.A.No.4 of 2022 in R.L.T.O.P.No.5 of 2021.
2. The revision petitioner is the landlord, who has filed the original petition in R.L.T.O.P.No.5 of 2021 for eviction against the respondents / tenants. During the pendency of the proceedings, the respondents / tenants filed a petition in I.A.No.4 of 2022 seeking leave of the Court to cross-examine the witnesses and the said petition was allowed. Aggrieved over that, the landlord has filed the present Civil Revision Petition.
3. The learned counsel for the revision petitioner submitted that the respondents have filed a petition for seeking leave to cross-examine on three grounds:- (i) to find out as to who is not willing to register the rent agreement; (ii) without filing any partnership deed, one partner has signed the main petitio
The court emphasized that cross-examination was unnecessary as the issues could be resolved based on existing materials and legal principles.
The right to cross-examine landlords in eviction proceedings under the Tamil Nadu Act is discretionary, not absolute, and findings by the Rent Controller are only prima facie.
The court emphasized the importance of allowing cross-examination while conditioning it on the payment of costs for delays caused by the tenant.
Tenants are entitled to cross-examine landlords in eviction proceedings under specific conditions linked to sub-letting and property condition despite summary procedures.
Rent deposits via bank statements establish prima facie landlord-tenant relationship, obviating need for cross-examination on locus standi.
Rent Controller's discretion to deny cross-examination in summary eviction proceedings under TNRRRLT Act is not mandatory.
Rent Controller has discretion to allow cross-examination in summary eviction proceedings under TNRRRLT Act, not mandatory.
Section 21(2)(a) of the Tamil Nadu Act 42 of 2017 allows landlords to seek eviction regardless of their fault in not entering a tenancy agreement, and cross-examination rights are discretionary.
Tenant's cross-examination on irrelevant tripartite agreement denied under 2017 TN Rent Act due to unclean hands and inconsistent claims.
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