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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.Lakshminarayanan
Vacher Mills Stores – Appellant
Versus
K.Gunasekaran – Respondent
| Table of Content |
|---|
| 1. existence of landlord-tenant relationship acknowledged. (Para 1 , 2 , 3 , 4) |
| 2. landlords must prove attempts for eviction. (Para 5) |
| 3. court's analysis on statutory interpretation. (Para 6 , 7 , 8) |
| 4. revision petition dismissed; no error found. (Para 9) |
| 5. opportunity granted for further submissions. (Para 10) |
ORDER :
V. Lakshminarayanan, J.
This Civil Revision Petition arises out of the order passed by the learned XIII Judge, Court of Small Causes in M.P.No.3 of 2024 in R.L.T.O.P.No.117 of 2023, dated 15.06.2024.
2. The petitioner is the tenant. He took out an application under Section 37(1)(a) of the TAMIL NADU REGULATION OF RIGHTS AND RESPONSIBILITIES OF LANDLORDS AND TENANTS ACT , 2017 to summon the landlords before the Court and to subject himself to cross-examination. The said petition was dismissed and hence, this revision.
3. There is no dispute over the relationship between the parties. The civil revision petitioner admits to the tenancy between the landlords and himself. This satisfies the jurisdictional fact of existence of the jural relationship between a landlord and a tenant. It is the case of the landlords that no agreement was entered into between them a
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.
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 absence of a written tenancy agreement under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 justifies eviction, regardless of the tenant's claims of r....
The central legal point established is that the failure to enter into a written tenancy agreement as mandated by the TNRRRLT Act can lead to the landlord's entitlement to seek eviction.
The requirement of a written tenancy agreement under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 is mandatory for avoid automatic eviction rights for l....
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 absence of a written tenancy agreement under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 justifies eviction, and dilatory tactics by the Tenant are....
Absence of written rent agreement justifies eviction under Section 21(2)(a); new pleas barred in appeal/revision.
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