The High Court maintained that rent controllers can only determine the landlord-tenant relationship and cannot decide property title. Consequently, summons of witnesses to disprove the landlord's title was deemed unwarranted, and the civil revision petitions were dismissed.
Summoning of witnesses to prove lack of title ordered dismissed; revision petitions dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2018
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH
C.R.P(PD) No.3454 & 3414 of 2018
and
CMP.No. 19349 of 2018
E.Rajasekar ...Petitioner in both C.R.Ps
Vs
E.Durairaj ..Respondent in both C.R.Ps
Common Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order dated 04.09.2018 passed by the learned XI Small Causes Court, Chennai in M.P.Nos.138 & 139 of 2018 in RCOP.Nos.1482 & 1483 of 2016.
For Petitioner in both C.R.Ps :Mr.P.Rajkumar Pandian
For Respondent in both C.R.Ps :Mr.K.P.Chandrasekar
2
COMMON ORDER
In the rent control proceedings, the scope of the rent controller
is only to determine the issue as to whether the landlord-tenant relationship has been established and other incidental matters arising there from. It is a settled proposition that the rent controller cannot determine
the title of the parties to the rent control proceedings.
2.In this background, it seen that the petitioner herein intends to
summon three witnesses including Executive Engineer & Administrative Officer of Tamil Nadu Housing Board, Anna Nagar Division to establish that
the respondent/landlord has no title over the property.
3.In view of the well established proposition of law that the title
of the demised premises cannot be gone into in rent control proceedings,
the examination of these three witnesses may not be warranted. As such, I do not find any infirmity in the order passed by the rent controller in
CMP.No.139 of 2018.
connected miscellaneous petition is closed. No Costs.
Index : Yes/No
http://www.judis.nic.in vsn/dh
10.12.2018
3
M.S. RAMESH.J.,
vsn/dh
To
The learned XI Small Causes Court,
Chennai.,
C.R.P (PD) No.3454 & 3414 of 2018
10.12.2018
2 issues framed by the court
Whether the rent controller can touch upon the title of parties
Whether examination of witnesses to prove lack of title is warranted in rent control proceedings
3 provisions across 3 enactments
E. Rajasekar
E. Durairaj
M.S. RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
