LAWS(MAD)-2023-1-320

JATA SHANKAR MISHRA Vs. CHEMBADEVI

Decided On January 10, 2023
JATA SHANKAR MISHRA Appellant
V/S
Chembadevi Respondents

JUDGEMENT

(1.) The Docket Order dtd. 6/12/2022 passed in RLTOP No.784 of 2021 pending on the file of XI Small Causes Court at Chennai, is under challenge in the present Civil Revision Petition.

(2.) The revision petitioner is the tenant and the respondent herein filed RLTOP No.784 of 2021 for eviction under Ss. 21(2)(a), 21(2)(b) and 21(2)(g) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 [hereinafter referred as 'TNRRRLT Act', in short]. During the pendency of the RLTOP the respondent / landlord has not pressed the grounds raised under Ss. 21(2)(b) and 21(2)(g) of the TNRRRLT Act. Thus, the eviction petition is pending on the sole ground between the tenant and the landlord.

(3.) The grievance of the petitioner is that the Rent Court in the name of summary enquiry examined the landlord as PW-1 with regard to the mandatory compliance of Sec. 4(2) of the TNRRRLT Act. No cross examination was allowed by the Rent Court and the Rent Court is proceeding to pass an order based on the mandatory compliance of Sec. 4 (2) of the TNRRRLT Act and accordingly, the case was posted for enquiry of the tenant. In this regard, the Docket order passed on 6/12/2022 in RLTOP No.784 of 2021 on the file of the XI Small Causes Court at Chennai and the said order is under challenge in the present Civil Revision Petition.