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V. LAKSHMINARAYANAN
Proprietor, Bhavani Fancy Store – Appellant
Versus
Mayur Promoters Pvt. Ltd. – Respondent
ORDER :
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair order and decretal order in M.P. No. 2 of 2022 in RLTOP No. 252 of 2022 dated 23.12.2022 passed by the X Judge, Court of Small Causes, Chennai dismissing the said petition filed by the petitioner herein under Order XVIII Rule 17 CPC to reopen the evidence of PW1 for cross examination.
1. This batch of civil revision petitions is at the instance of the tenants. The landlords had filed eviction petitions under the provisions of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. The grounds under which eviction petitions have been filed are willful default and also that no agreement had been entered into between the tenants and the landlords.
2. On receipt of the petitions, detailed counters were received from the civil revision petitioners/tenants. The civil revision petitioners in their counter would plead that they are the tenants under one Dev Narayan Purohit and on his death, under his son, Dhruv Narayan Purohit. The present landlord is the purchaser of the property from Dhruv Narayan Purohit. This factum is conceded in the coun
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.
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.
The court emphasized the importance of allowing cross-examination while conditioning it on the payment of costs for delays caused by the tenant.
The court emphasized that cross-examination was unnecessary as the issues could be resolved based on existing materials and legal principles.
The interpretation of Section 21(2)(a) mandates that courts focus only on the existence of a tenancy agreement, not the reasons for its failure, to uphold the summary eviction process under the Act.
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