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2026 Supreme(Online)(Mad) 16897

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
Shaikh Abdul Rahim S/O. KS Mohideen – Appellant
Versus
M.D.Ismail Sait S/O. Late M.D.Ibrahi Abdullah Sait – Respondent
CRP No. 943 of 2026 | CMP No.5267 of 2026



Advocates:
For the Appellants/Petitioners: Mr. K.Venkateswaran
For the Respondents: Mr.T.S.Baskaran

The Rent Court is not authorized to entertain petitions for filing additional pleadings under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act.

Headnote:This judgment concerns a civil revision petition filed under Article 227 of the Constitution of India challenging a rent court's order. The petitioner opposed a decision returning a miscellaneous petition based on the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act. The court found no provision for additional pleadings under the Act and rejected the application. The main OP was allowed to argue on merits before final orders were made. The civil revision petition is dismissed.

Table of Content
1. petitioner filed a civil revision petition. (Para 1 , 2 , 3)
2. rent court's authority limited by tamil nadu act. (Para 4 , 5 , 6)
3. petitioner requests opportunity to present arguments. (Para 7)
4. civil revision petition dismissed with directions. (Para 8)

ORDER

This civil Revision Petition has been filed challenging the order passed by the Rent Court, returning the miscellaneous petition filed by the petitioner. 2. The respondent herein filed RLTOP No.548 of 2025 seeking repossession of the property on the ground that the petitioner failed to enter into the rental agreement under the provisions of the Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act. The petitioner herein already filed a counter resisting the main OP. Now, instant application has been filed by the petitioner seeking leave of the court to file additional counter. The said application was returned by the rent court, even without numbering, on the ground that under the said new Rent Act, there is no provision enabling the parties to file additional counter. Aggrieved by the same, the petitioner has come before this court.

3. The learned counsel for the petitioner would submit that even though there is no specific provision under the Act enabling the parties to file additional counter, permission may be granted to the parties to file additional counter by resorting to general provisions under the Code of Civil Procedure.

4. Section 36(1) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act would make clear that the rent court is not bound by the procedure laid down by the Code of Civil Procedure and it shall be guided by the principles of natural justice and shall have power to regulate their own procedure.

5. Section 37(1) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act reads as follows.

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 (Central Act V of 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 orders and decisions under this Act without reference to any Civil Court (i) reviewing its orders and decisions; and (j) any other matter as may be prescribed.

6. A perusal of the said provision would make it clear that the Act only empowered the Rent Court and Rent Tribunal to entertain petitions and to follow the procedure under the Code of Civil Procedure only for the limited purposes as mentioned in Section 37(1) of the said Act. The above provision does not authorise the rent court to entertain any petition for filing additional pleadings. In such circumstances, the rent court cannot invoke Section 37(1) of the Act to entertain the application for raising additional pleadings. Therefore, the submission made by the learned counsel for the petitioner in this regard is not acceptable to this court and the same is rejected. In view of the discussion earlier I do not find anything to interfere with the impugned order passed by the Rent Court.

7. At this juncture, the learned counsel for the petitioner would submit that the main OP was posted for orders and hence, the petitioner may be permitted to advance arguments on merits.

8. Taking into consideration that the main OP was already posted for orders, the rent court is directed to give opportunity to the petitioner to advance

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