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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN, J
B.Sharmila – Appellant
Versus
Priya Kannan – Respondent
| Table of Content |
|---|
| 1. tenant's denial of relationship and proceedings initiated by landlord. (Para 1 , 2 , 3 , 4 , 5 , 6 , 9 , 10 , 11) |
| 2. court's observations on the necessity of cross-examination. (Para 12 , 13 , 14 , 18) |
| 3. arguments presented by both parties regarding cross-examination. (Para 15 , 16) |
| 4. court's ruling to allow cross-examination with conditions. (Para 19) |
ORDER :
V.Lakshminarayanan, J.
These civil revision petitions arise against the order passed by the learned Principal District Munsif cum Rent Controller at Poonamallee in M.P.Nos.4 and 5 of 2024 in RLTOP.No.39 of 2021.
2. For the sake of convenience, the parties shall be referred to as the landlord and tenant.
3. The civil revision petitioner is the tenant. The landlord, who is none else than her sister, had initiated RLTOP.No.39 of 2021 on the file of the learned Principal District Munsif at Poonamallee. She invoked Section 21(2)(a) and Section 23 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act , 2017 (herein after referred to as 'TNRRRLT Act').
4. The case of the landlord is that she came across the property, by virtue of the settlement deed, that had been executed by her father
The court emphasized the importance of allowing cross-examination while conditioning it on the payment of costs for delays caused by the tenant.
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 that cross-examination was unnecessary as the issues could be resolved based on existing materials and legal principles.
Family occupation of leased shops does not negate jural relationship; cross-examination of PW.1 not required in eviction proceedings.
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