SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Mad) 79661

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.JOTHIRAMAN, J
Sara Ghias – Appellant
Versus
Senthil Kumar – Respondent
Civil Revision Petition 3796 of 2025 | Civil Revision Petition 3798 of 2025



Advocates:
For the Appellants/Petitioners: M/s.Gautam S.Raman
For the Respondents: Mr.T.K.S.Gandhi

The court ruled that allegations of title denial do not justify cross-examination unless substantial evidence is presented, affirming provisions under tenancy laws adhering to formal procedural requirements.

Headnote:(A) Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act, 2017 - Sections 21(2)(a) & 21(2)(j) - Landlord seeking eviction of tenants - Petition was allowed by Rent Court allowing cross-examination which landlord contested - Court found tenants denying title not justified to permit cross-examination as no registered agreement evidenced title dispute; further, tenants had previously admitted renting without disputes in court. (Paras 5, 12, 13)

(B) Civil Procedure - Judicial Discretion - Court should not prolong proceedings, a request for witness examination must be supported by substantial reasons connected to case facts. The court overruled lower court's decision permitting cross-examination due to lack of evidence on title denial. (Paras 10, 12)

Facts of the case:
Tenant under the previous landlord denied title of the current landlord DPA after its demise; landlord sought eviction via Rent Control proceedings, contested by tenants asserting lack of proper title transfer.

Findings of Court:
Thejustification for cross-examination not established, thus the decision of the Rent Court was erroneous.

Issues: Was there a sufficient basis to allow cross-examination of the landlord?

Ratio Decidendi: The court ruled unsupported allegations of title denial do not merit witness examination; established agreements and previous admissions inhibit counter-claims against landlord title.

Result: Civil Revision Petitions allowed, previous orders set aside.

Table of Content
1. tenant challenges landlord's title and locus to file eviction. (Para 1 , 4)
2. landlord argues tenant's injunction suit doesn't deny title. (Para 5 , 6)
3. court discusses necessity of cross-examination and the implications of title denial. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. court allows the revision petitions and sets aside lower court orders. (Para 14)

COMMON ORDER

CRP.No.3796 of 2025 Unsuccessful landlord has preferred this Civil Revision Petition. One Sara Ghias, through her authorized agent Salma Fizza has filed an application in RLTOP.No.43 of 2024 under Sections 21(2)(a) & 21(2)(j) of the Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act, 2017 [hereinafter referred as “TNRRRLT Act”] against one Senthilkumar/tenant on the file of the District Munsif cum Judicial Magistrate Court at Sholinganallur seeking for the relief of direction to the respondent / tenant to vacate and handover the non-residential portion measuring about 250 Sq.Ft. in Door No.19/2 and 19/3, Plot No.18, Raja Nagar, Neelangarai, Chennai-600 041 to the landlord.

2. The respondent has filed a counter affidavit wherein it has been stated that Sara Ghias has no locus to maintain the present RLTOP, simply because of her own admission that title is not transferred in her favour after the demise of the original landlord Mr.Ishrat Imtiazuddin. It is true that the respondent was a tenant under Mr.Ishrat Imtiazuddin, the brother of the applicant, earlier from the year 2016 and the respondent was running a shop, measuring about 450 sq.ft. at the above mentioned address and there are also other tenants in the same building, which is the petition mentioned property. A Rental Agreement was entered into by the respondent Mr.Senthilkumar and the said Mr.Ishrat Imtiazuddin on 01.06.2016. It is also stated that the shop is presently around 200 Sq.ft. after the highways had taken the part land. It is absolutely false to state that the respondent failed to enter into a fresh agreement and the same is put to strict proof of the same. The ownership after the demise of the respondent's owner is alleged to be vested with the applicant herein is totally false and there cannot be any transfer of ownership just by an understanding between the family members and the same should be supported by proper documentation as per law. It is further stated by Sara Ghias that after the demise of Mr.Ishrat Imtiazuddin / her brother, there are some issues between the applicant and her sisters. Later, respondent / tenant could see some third persons claiming on behalf of the applicant who came to the shop premises and demanded possession of the shop and when the same was reported to the applicant, she informed that they should wait for some time and they would tackle the issue among the relatives. The respondent/ tenant has also filed a suit as against the said Sara Ghias in O.S.No.364 of 2024 on the file of the District Munsif Court, Sholinganallur seeking for the relief of Permanent Injunction not to vacate him except under due process of law.

CRP.No.3798 of 2025

3. Unsuccessful landlord has preferred this Civil Revision Petition. One Sara Ghias, through her authorized agent Salma Fizza has filed an application in RLTOP.No.44 of 2024 under Sections 21(2)(a) & 21(2)(j) of the Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act, 2017 [hereinafter referred as “TNRRRLT Act”] against one Shanmugam/tenant on the file of the District Munsif cum Judicial Magistrate Court, Sholinganallur seeking the relief of direction to the respondent to vacate and handover the non-residential portion measuring about 100 Sq.Ft. in Shop No.1, bearing Door No.19/1 Plot No.18, Raja Nagar, Neelangarai, Chennai-600 115 to the landlord.

4. The respondent has filed a counter affidavit wherein it has been stated that Sara Ghias has no locus to maintain the present RLTOP simply because of her own admission that title is not transferred in her favo

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top