Naseer Mohamed v. V.Kamalakannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.No.

and CMP No.28993 of 2025 Naseer Mohamed ... Petitioner Vs.

V.Kamalakannan .

... Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, against the order passed in I.A.No.2 of 2024 in R.L.T.A.No.45 of 2024 dated 22.08.2025 passed by XXII Additional City Civil Court, Chennai against the order passed in RLTOP No.641 of 2025 dated 12.12.2023. For Petitioner : Mr.K.Ashok Kumar 1/7

For Respondent : Mr.M.John Kennady

ORDER

The petitioner/tenant, aggrieved by the refusal of the Rent Tribunal to entertain the application to mark documents in the pending appeal before the Tribunal, is the revision petitioner.

2. The grievance of the revision petitioner/tenant is that even pending R.L.T.O.P. No.641 of 2025, the petitioner wanted to rely on five documents. However, the documents were not permitted to be exhibited before the Rent Court and the Rent Court proceeded to pass an order of eviction and as against the eviction order, the petitioner preferred an appeal was preferred in R.L.T.A.No.45 of 2024.

3. When the appeal was taken up for final arguments, the petitioner has filed an application in I.A.No.2 of 2024 to mark the very same 2/7

documents which were not marked before the Rent Court, along with certain other additional documents. The said application has been dismissed by the Rent Tribunal, as against which, the present revision is filed.

4. Learned counsel for the petitioner submits that the documents are vital documents and hence opportunity should be given to the petitioner rely on these documents.

5. Per contra, learned counsel appearing for the respondent submits that the petitioner has sought for one day's time to argue the appeal and taking advantage of the adjournment, he has filed the application. He further submits that one of the documents that is sought to be marked is the impugned order passed by the Rent Court itself. Therefore, it is clear case where the petitioner is only trying to protract the proceedings to continue his stay in the petition premises.

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6. I have heard the submissions made by the learned counsel on either side and gone through the order in I.A.No.2 of 2024, which is impugned in this revision.

7. Firstly, I find that though the petitioner has come with a categorical case that he wanted to produce five documents before Rent Court and despite the same being available in the court bundle itself, the documents were not marked and the same has not been challenged in the grounds of appeal before the Rent Tribunal. There is no complaint raised by the petitioner/tenant that he has been deprived of an opportunity to exhibit the documents before the Rent Court.

8. Therefore, it is now not open to the revision petitioner to contend in the appeal that the very same documents should be looked into. Further, it is only an application for eviction under Section 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants 4/7

(Amendments) Act, 2017.

9. The Rent Court finding that there is a failure to enter into a tenancy agreement, has proceeded to order eviction, as against which, the appeal in R.L.T.A.No.45 of 2024 has been preferred. I do not find any merit in this revision and the order passed by the XXII Additional City Civil Court/Rent Tribunal does not warrant any interference as it is a considered order.

10. Taking into account the contentions raised by the revision petitioner and considering that the appeal is of the year 2024, the learned Judge, XXII Additional City Civil Court, Chennai/Rent Tribunal is directed to dispose of R.L.T.A.No.45 of 2024 on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

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11. With the above direction, the civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed, 24.11.2025 Speaking Order/Non-speaking Order Index : Yes / No sr To 1.The XXII Additional City Civil Court, Chennai

2. XIII Small Causes Court, Chennai 6/7

P.B. BALAJI,J sr 24.11.2025 7/7