K. THAMARAISELVAN Vs. SIVAKAMI SACHITANANDAM

JUDGEMENT

(1.) Challenging the impugned Order, wherein, the Appellate Authority dismissed the Application filed under Order 16, Rule 6 of CPC to issue Summons to the Executive Engineer, Anna Nagar Division, Tamil Nadu Housing Board to produce document and give evidence as Witness.

(2.) Brief background of the case is as follows:

(3.) The learned Senior Counsel for the Revision Petitioner contended that though the Revision Petitioner was originally inducted as a Tenant by the Respondent, later, he came to know that the Respondent is not the actual Owner of the property and ownership is with the Housing Board. Therefore, in order to prove the said facts, examination of the Executive Engineer is absolutely necessary. Further contention is that Sec. 36 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2019 provides for examination of Witness also. Therefore, on this ground, the Trial Court has not properly addressed the issue. It is also the contention that Tenant is entitled to deny the Title of the Landlord.