Tenant challenged eviction ordered under Section 21(2)(a) of the Tamil Nadu Rent Act, 2017, contending no affidavit evidence was adduced as required by Section 36 r/w Rule 9. Holding Rent Court procedures summary in nature and evidence not compulsory when pleadings admitted, the High Court dismissed the revision and upheld eviction.
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.
C.R.P.(NPD) No.1170 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.11.2024
CORAM
THE HON'BLE JUSTICE N.SATHISH KUMAR
C.R.P.(NPD) No.1170 of 2024 and C.M.P.No.6041 of 2024
Mr.H.Balaraman ... 1st Respondent/Appellant/Petitioner
-vs-
... 2nd Respondent/2nd Respondent/2nd Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the impugned order dated 06.11.2023 made in R.L.T.A.No.72 of 2022 on the file of the learned XXIII Additional Judge, City Civil Court, Chennai (Rent Tribunal) thereby confirming the order made in R.L.T.O.P.No.464 of 2021 dated 18.04.2022 on the file of the learned XII Judge, Court of Small Causes, Chennai (Rent Court) by allowing the Civil Revision Petition.
For Petitioner : Mr.A.Chidambaram For R1 : Mr.B.S.Sundaramoorthy For R2 : No Appearance *********
O R D E R
Challenging the order dated 06.11.2023 made in R.L.T.A.No.72
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of 2022 on the file of the learned XXIII Additional Judge, City Civil Court, Chennai (Rent Tribunal) thereby confirming the order made in R.L.T.O.P.No.464 of 2021 dated 18.04.2022 on the file of the learned XII Judge, Court of Small Causes, Chennai (Rent Court), the present Revision Petition has been filed.
Background of the case in nutshell:
the Trial Court was that as per the Act, 2017, there was no rental agreement
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1 st
entered into or registered with the Rent Authority and de hors the same, the
1st respondent herein has been attempting to evict the revision petitioner on false ground. The fault on the part of the 1st respondent in not entering any agreement with the revision petitioner cannot be taken advantage so as to invoke Section 21(2)(a) of the Act, 2017.
with regard to tenancy, held that no further witness is required in the matter and the matter can be decided on the basis of the admission made in the pleadings itself and ordered for eviction of the revision petitioner and the said order of the learned Rent Court has been confirmed by the Appellate Authority, namely, Rent Tribunal.
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evidence of a witness shall be given by affidavit and in the absence of any evidence by way of an affidavit, the matter cannot be proceeded with, as it is against the Statute.
that proceeding before the Rent Court is only a summary in nature and only when the parties intend to examine any witness, such evidence should be by way of affidavit. He further contended that non-adducing of evidence by the parties will not take away the powers of the Rent Court to decide the issue based on the available evidence. In support of his submission, he relied upon a judgment of this Court in the case of T.Muthuraj vs. K.Saroja and others (C.R.P.No.4355 of 2022) decided on 05.01.2023 .
order can be passed by the learned Rent Court without there being any evidence. This Court is inclined to decide the said point alone. The Act, 2017 mainly aims to regulate the rent and to balance the rights and
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responsibilities of landlords and tenants and to provide regulation of the rent
as per the agreement. The Repealed Act, namely, Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Act 18 of 1960) had created a lot of vested interest against the landlords and further, the supply of the rental housing and growth of rental housing market has been severely affected leading to growth of slums in absence of sufficient stock of rental houses. To tackle the problem, the new Law was enacted for the State, after repealing the existing Tamil Nadu Building (Lease and Rent) Control Act, 1960.
2017 are only summary in nature and Section 36 of the Act, 2017 sets out procedures to be adopted by the Rent Court as well as Rent Tribunal. For the
sake of brevity, Section 36 is extracted hereunder:
“36. (1) From every final order passed by the Rent Court, an appeal shall lie to the Rent Tribunal, within the local limits of whose jurisdiction the premises is situated and such an appeal shall be filed within a period of thirty days from the date of final order along with a copy of such final order.
(2) The Rent Tribunal, upon filing an appeal under sub-section (1) shall serve notice, accompanied by copy of appeal to the respondent and fix a hearing not later than thirty days from the date of service of notice of appeal on the respondent and the appeal shall be disposed of within a period of one hundred and twenty days from the date of service of notice of appeal on the respondent.
(3) Where the Rent Tribunal considers it necessary in the interest
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of arriving at a just and proper decision, it may allow documents at any stage of the proceedings in appeal, however, this facility would be available to the applicants only once during the hearing.
(4) The Rent Tribunal may, in its discretion, pass such interlocutory order during the pendency of the appeal, as it may deem fit.
(5) (a) While deciding the appeal, the Rent Tribunal, after recording reasons therefor, confirm, set aside or modify the order passed by a Rent Court;
(b) The decision of the Rent Tribunal shall be final and no further appeal or revision shall lie against the order.
(6) On application of any of the parties and after notice to the parties and after hearing such of them as have desired to be heard, or of its own motion without such notice, the Principal Rent Tribunal may, at any stage, transfer any case from one Rent Court to any other Rent Court for disposal. Central Act 2 of 1974. Appeal to Rent Tribunal.
(7) Where any case has been transferred under sub-section (6), the Rent Court to whom the case has been transferred subject to any special direction in the order of transfer, proceed from the stage at which it was transferred.”
apparent that the procedures as set out in the Civil Procedure Code will not
be applicable to decide the application before the Rent Authority. Sub-
Clause (2) of Section 36 of the Act, 2017 is obvious that the evidence of a witness shall be given by affidavit, but, however, the Court can also insist for examination or cross examination of witnesses. Rule 9 is in parametria with Section 36 of the Act, 2017. It is also clear that in case a party intends
to examine any witness, the evidence of such witness normally shall be by
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C.R.P.(NPD) No.1170 of 2024 way of an affidavit, except where it appears to the Court in the interest of justice to call a witness for examination or cross examination. Whenever witnesses are required to be examined, it should be either by way of an affidavit or by way of examination in the Court and therefore, it cannot be said that in every application, witnesses have to be compulsorily examined. When the pleadings are admitted and when there was no dispute with regard to the averments raised in the petition, one cannot say that the witnesses have to be compulsorily examined in the said case.
Court held as follows:
“13. With reference to Sub Section (2) of Section 36, the first phrase in Sub Section (2) indicates that “the evidence of a witness shall be given by affidavit”. If an affidavit is filed, then the Rent Court or the Rent Tribunal is empowered to proceed and dispose of the application. If no affidavit is filed, then also there is no impediment for the Rent Court or the Tribunal to proceed with the case on merits.
N.SATHISH KUMAR,J.,
ar 12. Taking note of the facts that the procedures before the Rent
Court are only summary in nature; that there was no agreement registered as mandated under the Act, 2017; that Section 21(2)(a) of the Act, 2017
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provides for eviction for the failure on the part of either the tenant or landlord to enter into an agreement of tenancy and that the said Section does not specify as to the reason for such failure to enter into an agreement in writing, this Court is of the view that the Revision Petition fails.
26.11.2024
Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order ar
C.R.P.(NPD) No.1170 of 2024
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1 issue framed by the court
Whether a Rent Court can pass an eviction order under Section 21(2)(a) of the Act, 2017 without any evidence by way of affidavit or witness examination.
Colour shows how this judgement treated each authority
T.Muthuraj vs. K.Saroja and othersFollowed¶11
T.Muthuraj vs. K.Saroja and others (C.R.P.No.4355 of 2022) decided on 05.01.2023
3 provisions across 2 enactments
H. Balaraman
C. Balasuntharam
Manikandan @ Mani
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
