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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR
H.Balaraman – Appellant
Versus
C.Balasuntharam – Respondent
| Table of Content |
|---|
| 1. tenant's status without rental agreement. (Para 2) |
| 2. arguments on procedural requirements for eviction. (Para 3 , 5 , 6) |
| 3. summary nature of rent court proceedings. (Para 4 , 8 , 9 , 10 , 11 , 12) |
| 4. dismissal of civil revision petition. (Para 13) |
ORDER :
N. Sathish Kumar, J.
Challenging the order dated 06.11.2023 made in R.L.T.A.No.72 of 2022 on the file of the learned XXIII Additional Judge, City Civil Court, Chennai (Rent Tribunal) thereby confirming the order made in R.L.T.O.P.No.464 of 2021 dated 18.04.2022 on the file of the learned XII Judge, Court of Small Causes, Chennai (Rent Court), the present Revision Petition has been filed.
Background of the case in nutshell:
2. The Revision Petitioner was a tenant of a commercial shop owned by the 1st respondent herein to an extent of 116 sq.ft. from the year 1990 and no rental agreement has been entered into between the parties. Now, the present rent is Rs.5,000/-, which was agreed between the parties in the year 2011. The 1st respondent herein had filed an application under Section 21(2)(a) of the TAMIL NADU REGULATION OF RIGHTS AND RESPONSIBILITIES OF LANDLORDS AND TENANTS ACT , 2017 (in short 'the Act, 2017') for ev
The Rent Court can issue eviction orders based on admissions in pleadings without requiring witness evidence, as proceedings are meant to be summary in nature under the Act.
Written tenancy agreements are mandatory under the Act; failure to execute justifies 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 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....
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 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.
The denial of the opportunity to adduce evidence renders the exhibition of documents meaningless, emphasizing the necessity for competent witnesses to prove documents in court.
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