S.S.Traders v. J.Vasudevan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP Nos. 1076 & 1078 of 2026 and CMP.5688 of 2025

1. S.S.Traders Rep. by its Proprietor B.Shanmugasundaram Having office at Old Door No. 136 New Door No. 6, Sakthi Avenue Cart Track Road, Ekkatuthangal Chennai 32 2.M/s. S.S Steel And Iron Agency Pvt.

Ltd.

Rep. by its Managing Director Having office at Old Door No. 136 New Door No. 6, Sakthi Avenue Cart Track Road, Ekkatuthangal Chennai 32 Petitioner(s) in both CRPs Vs

1. J.Vasudevan No.6/136, Cart Track Road, Sakthi Avenue, Ekkatuthangal, Chennai-600 032.

Respondent(s) in both CRPs PRAYER in CRP.No.1076 of 2026:

Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the impugned order and decretal order dated 27.01.2026 and made in M.P. No. 5 of 2025 in RLTOP No. 358 of 2024 on the files of the XVI Judge, Small Causes Court, Chennai.

PRAYER in CRP.No.1078 of 2026:

Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the impugned order and decretal order dated 27.01.2026 and made in M.P. No. 4 of 2025 in RLTOP No. 358 of 2024 on the files of the XVI Judge, Small Causes Court, Chennai.

For Petitioner(s):

A.Chidambaram For Respondent(s):

Mr.V.Sivakumar for P.B.Ramanujam Associates

ORDER

The petitioners have filed these petitions to set aside the impugned order and decretal order dated 27.01.2026 and made in M.P. No. 4 & 5 of 2025 in RLTOP No. 358 of 2024 on the files of the XVI Judge, Small Causes Court, Chennai.

2. Challenging the impugned order passed in I.A. Nos. 4 & 5 of 2025, the revision petitioners herein / tenants have preferred these revisions.

3. Before the trial court, the respondent / landlord filed R.L.T.O.P. No. 358 of 2024 under the new Act, as per section 2(c) the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (as amended) is initiating the proceedings against the tenants, for recovery of possession of the premises, mentioned in the Schedule of property, on the ground of failure to enter in to a tenancy agreement and the Rent Controller has commenced enquiry. During the pendency of the proceedings, the revision petitioners /

tenants filed an applications I.A.Nos.4 & 5 of 2025 under Section 36(2) seeking permission to cross-examine respondent. However, the learned trial Judge dismissed the said applications relying upon the ratio laid down "in the case of J.Thennarasu Vs. Anita Nalliah, CRP (PD) No.2532 of 2021 and batch (decided on 05.08.2022). Aggrieved by the same, the present revisions have been filed.

4. The learned counsel for the revision petitioners submitted that the respondent is not the landlord and that his mother, Vasantha, is the original landlord to whom the rent was being paid. Therefore, the petitioners seek permission to cross-examine the respondent / alleged landlord, but the court below erroneously dismissed the applications.

5. Per contra, the learned counsel for the respondent submitted that the revision petitioners have not paid rent for a long period and has approached the court with false claims, and therefore the order of the trial court does not require interference.

6. Considering the submissions made on both sides, it is seen that the R.L.T.O.P.No.358 of 2024 was filed by the respondent seeking eviction of the revision petitioners. It is also seen that the revision petitioners had earlier filed a petition in R.C.O.P. No. 1022 of 2014 to deposit rent in the name of Vasantha,

the mother of the respondent, and the same was dismissed.

7. Admittedly, from the year 2022 onwards, no rent has been paid or deposited before any court. The reason assigned by the Rent Controller that permission to cross-examine is not an absolute right and is within the discretion of the court cannot be found fault with. The reasons assigned by the trial Judge do not require interference.

8. Accordingly, the Civil Revision Petitions are dismissed as devoid of merits. Consequently, connected miscellaneous petition is closed. No costs. 11-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.J.Vasudevan No.6/136, Cart Track Road, Sakthi Avenue, Ekkatuthangal, Chennai-600 032.

2. The XVI Judge, Small Causes Court, Chennai.

3.The Section Officer, VR Section, High Court of Madras.

T.V.THAMILSELVI J.

rri CRP Nos. 1076 & 1078 of 2026 11-03-2026