IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice S. SOUNTHAR
M. Srinivasan – Appellant
Versus
Ennuru Illavari Dharma Balijakula Trustees – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.12.2025 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.26776 of 2025 M.Srinivasan ... Petitioner vs.
Ennuru Illavari Dharma Balijakula Trustees, Rep. by its Trustees
1.J.Subbayya
2.M.A.Varadharajan
3.M.G.Jayaraman
4.K.Ramadoss
5.L.Subramaniam All are residing at No.157, Kavarai Street, Muthiyalpettai, Walajabad Taluk, Kancheepuram District. ... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order and Decreetal Order dated 18.08.2025 passed in M.P.No.1 of 2024 in R.L.T.O.P.No.17 of 2024, on the file of the learned Rent Court/Principal District Munsif at Kancheepuram.
For Petitioner : Mr.V.Sairam For Respondents : Mr.M.Murali
O R D E R
The Civil Revision Petition is filed challenging the order passed by the Rent Court/Principal District Munsif, Kancheepuram in M.P.No.1 of 2024 in R.L.T.O.P.No.17 of 2024, dated 18.08.2025 dismissing the application filed by the petitioner/tenant seeking rejection of the original petition filed by the respondents seeking repossession.
2. The respondents herein filed a petition in R.L.T.O.P.No.17 of 2024 for repossession under Sections 21(2)(a), 21(2)(b) and Section 23 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. The petitioner was the sole respondent/tenant in the said petition. In the said main original petition, the instant application seeking rejection of the original petition was filed by the petitioner by invoking Order VII Rule 11 (d) of the Civil Procedure Code. The said petition was dismissed by the Rent Court. Aggrieved by the same, the petitioner has come before this Court.
3. The learned counsel appearing for the petitioner would submit that the petitioner and respondents failed to enter into any written agreement after coming into force of New Act and therefore, the original petition filed by the respondents seeking repossession under the New Act is not at all maintainable.
4. The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, is a special enactment providing special procedure by the Rent Court constituted under the said Act. Section 36 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, provides that Rent Court and Rent Tribunals constituted under the Act shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and shall have power to regulate their own procedure.
5. Section 37 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 says certain provisions of Code of Civil Procedure applicable to the Rent Court and Rent Tribunal.
The same reads as follows:-
“37. Powers of Rent Court and Rent Tribunal.-(1) The Rent Court and the Rent Tribunal, for the purpose of discharging their functions under this Act, shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 for the purposes of,–
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for examination of the witnesses or documents;
(d) issuing commission for local investigation;
(e) receiving evidence on affidavits;
(f) dismissing an application or appeal for default or deciding it ex parte;
(g) setting aside any order of dismissal of any application or appeal for default or any other order passed by it ex parte;
(h) execution of its order and decisions under this Act without reference to any civil court;
(i) reviewing its orders and decisions;
(j) any other matter as may be prescribed.
(2) Any proceedings before the Rent Court or Rent Tribunal shall be deemed to be a judicial proceedings within the meaning of section 193 and 228, and for the purpose of section 196, of the Indian Penal Code 1860 and the Rent Court and the Rent Tr
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