JATA SHANKAR MISHRA Vs. CHAMPA

JUDGEMENT

(1.) Challenging the impugned docket orders dtd. 15/2/2023 passed in M.P.SR.Nos.4002 and 4003 of 2023 in RLTOP No. 784 of 2021, on the file of learned XI Small Causes Court, Chennai respectively, which were filed by the Revision Petitioner/tenant herein for the purpose to call the witness for examination and to take evidence. He filed those applications before the Rent Controller and the same were rejected by the Rent Controller stating that the procedure of summary enquiry adopted by the court in consonance with the provisions of the Act and that there is no necessity to call the witness for examination. Challenging the said orders, the present Civil Revision Petitions have been filed.

(2.) The learned counsel for the Revision Petitioner argues that under the name of summary enquiry, the trial court is ignoring the natural principles of justice by not allowing the tenant to take oral evidence by way of cross-examining the respondent and also to give evidence on his side by way of chief and cross-examination. If the Rent Controller proceeds with the proceedings without giving opportunity to examine the witness, it is a clear violation of natural justice and also acting against the preposition laid down by the Apex Court in various cases i.e. in a case reported (2016) 15 SCC 785, clearly held that,

(3.) The learned counsel would further submit that the Apex Court in a case reported in (2016) 12 SCC 204, clearly held that, "compliance with the principles of natural justice is not mere formality, more so, when statutory provisions specifically provide that disciplinary proceedings shall be conducted with due observations of principles of natural justice - U.P. Cooperative Societies Employees Service."