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2026 Supreme(Online)(Mad) 42000

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.Thamilselvi, J
Sheik Naina – Appellant
Versus
Noorani Nabusa Begum – Respondent
CMP No. 11525 of 2026|RLTOP No. 620 of 2025|CRP No. 2795 of 2026



Advocates:
For the Appellants/Petitioners: N.Premkumar

In summary rent control proceedings, a request for cross-examination to determine locus standi may be denied where the matter can be adequately resolved through existing pleadings and evidence, and where allowing such a course would defeat the objective of expeditious adjudication.

Headnote:The case involves a challenge to an order passed by a Rent Controller refusing the tenant's request to cross-examine a witness. The tenant argued that a second respondent was not connected to the premises, thereby necessitating cross-examination to establish this point. The court observed that the core rental relationship was admitted and that the burden of proving a separate locus standi lay with the party claiming it, which had not been met. The main issue was whether cross-examination was essential to determine the locus standi of a party in summary rent control proceedings. The court reasoned that in summary proceedings, such requests must not be used to delay adjudication when the matter can be resolved through pleadings and existing evidence. The ratio decidendi emphasizes that procedural requests like cross-examination must be weighed against the legislative intent of expeditious disposal in rent control matters. The Civil Revision Petition is dismissed, and the connected miscellaneous petition is closed.

Table of Content
1. nature of the dispute and arguments regarding cross-examination. (Para 1 , 2)
2. the court's rationale regarding the denial of cross-examination in summary proceedings. (Para 3)
3. conclusion and dismissal of the petition. (Para 4)

Order

The revision petitioner, a tenant, challenges the order dated 02.04.2026 passed by the Rent Controller in MP.No.1 of 2026, refusing permission to cross-examine PW1.

2. The contention of the petitioner is that the 2nd respondent is in no way connected with the petition premises and has been falsely implicated, and therefore seeks to test the claim through cross-examination. However, it is not in dispute that the rental agreement exists between the landlord/petitioner and the 1st respondent, and the alleged relationship between them stands admitted.

3. The burden to establish locus standi and the existence of any independent right lies upon the 2nd respondent. On a perusal of the records, no prima facie material has been produced to substantiate such claim. Mere assertions, in the absence of supporting evidence, are insufficient. In such circumstances, seeking cross-examination of PW1 at this stage to determine locus standi is unwarranted, particularly when the issue can be decided on the basis of pleadings and available materials. Further, considering the summary nature of rent control proceedings, permitting such a course would defeat the object of expeditious adjudication.

4. This Court finds no infirmity in the order of the Rent Controller. The revision petitioner, if so advised, is at liberty to establish his case by producing material evidence and not by way of cross-examination of PW1. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is also closed.

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