BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 15.12.2022 CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI CRP(MD)No.2119 of 2022 and CMP(MD)No.9764 of 2022 D.Vetrichelvan ... Petitioner Vs R.Veeraiyan ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 19.09.2022 passed in IA.No.4 of 2022 in RLTOP.No.1 of 2020 by the District Munsif Court cum the Rent Court at Pattukottai.

For Petitioner : Mr.K.Sivasubramanian For Respondent : Mr.S.Dheenadhayalan

ORDER

This Civil Revision Petition is filed as against the order dated 19.09.2022 passed in IA.No.4 of 2022 in RLTOP.No.1 of 2020 by the District Munsif Court cum the Rent Court at Pattukottai.

2.The petitioner is the landlord and he filed a petition in RLTOP No.1 of 2020 before the learned District Munsif Court cum Rent Controller, Pattukottai in the year 2020. The above said petition was filed under Section 21(2) a, b, g and 22(1) and Section 23 of the Tamil Nadu Regulation of Rights and Responsibilities of the Landlords and Tenants Act 2017 and Rule 7 of the Tamil Nadu Regulation of Right and Responsibilities of Landlords and Tenants Rules, 2019.

3.The respondent / tenant has filed an application in IA.No.4 of 2022 seeking permission to cross examine the petitioner's son along with several other tenants, who are residing in the petitioner's premises and the said application was allowed, as against the same, the present civil revision petition is filed.

4.The learned Counsel for the petitioner submits that the RLTOP proceedings are supposed to be conducted as summary trial in time bound manner and the scope of the cross examination is very limited. There is no necessity for examination of the petitioner's son and other tenants as witnesses in the proceedings. As per Section 36(2) of the Act the evidence of the witness shall be given by affidavit and the cross examination is permitted, where it appears necessary in the interest of justice. He further submits the application filed under Section 21(2) a,b,c, of the Act shall be decided within a period of 90 days of the filing of the application to the Rent Controller and the application filed under Section 21(2) d and g of the Act shall be decided within a period of 30 days of filing of the application to the Rent Controller. In this case, the application was filed in the year 2020 and the respondent / tenant is dragging on the proceedings and this attempt for cross examination is also made only to drag on the proceedings further. He has also relied on the judgment of this Court in J.Thennarasu Vs Anitha Naaliah [CRP(PD)2532 of 2021, dated 05.08.2022].

5.The learned Counsel for the respondent submits that the respondent can establish his case only by examination of those witnesses and considering the necessity of the those witnesses, the trial court has permitted the witnesses to be examined and it is purely the discretion of the Court to permit the respondent / tenant to examine as witness and it cannot be interfered with.

6.This Court considered the rival submissions and perused the materials placed on record.

7.The petitioner / landlord has filed the above application under Section 21(2) a,b,g, 22(1) and Section 23 of the Tamil Nadu Regulation of Rights and Responsibilities of the Landlords and Tenants Act 2017 and Rule 7 of the Tamil Nadu Regulation of Right and Responsibilities of Landlords and Tenants Rules, 2019.

8.The procedure of the Rent Court and Rent Tribunal are defined under Section 36 of the Act and as per Section 36(2) in every case before the Rent Court, the evidence of witness shall be given by affidavit and the cross examination shall be permitted where it appears to the Court that it is necessary in the interest of justice to call the witness for examination or cross examination. This provision has been elaborately discussed by this Court in J.Thennarasu Vs Anitha Naaliah [CRP(PD)2532 of 2021, dated 05.08.2022] and this Court has held that cro