CRP No.3993 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.10.2025 CORAM THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CRP No.3993 of 2025 and CMP No.20794 of 2025 Suresh Anandan 232, Sri Ambika Stores, Six Corner, Anajeevrao Road, Mettupalayam 641 301 Petitioner(s) Vs 1.Amuthaveni 20/152, F1 A, K.K. Nagar, Mettupalayam 641 301 2.Nandita 20/152, F1 A, K.K. Nagar, Mettupalayam 641 301 3.Gautam 20/152, F1 A, K.K. Nagar, Mettupalayam 641 301 Respondent(s) Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 30.08.2024 passed in I.A.No.11 of 2024 in R.C.O.P.No.1 of 2018 on the file of the District Munsif Court, 1/9 https://www.mhc.tn.gov.in/judis CRP No.3993 of 2025 Mettupalayam. For Petitioner(s): Mr.Abinesh Karthik P For Respondent(s): Mr.S.Prabhu ORDER Challenging the order dated 30.08.2024 passed in I.A.No.11 of 2024 in R.C.O.P.No.1 of 2018 on the file of the District Munsif Court, Mettupalayam, the revision petitioner/tenant has preferred the present civil revision petition. 2. The respondents/landlords have filed a petition under Section 10(2)(i), 10(3)(a)(iii) and 10(2)(a)(iv) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, in R.C.O.P.No.1 of 2018 on the file of the District Munsif Court, Mettupalayam, directing the revision petitioner/tenant to vacate the petition mentioned property and to hand over the vacant possession of the same on the grounds of arrears of rent and for owners' occupation. The revision petitioner/tenant has filed his objections and thereafter, trial has been commenced. The revision petitioner/tenant examined himself as one of the witnesses and thereafter, 2/9 https://www.mhc.tn.gov.in/judis CRP No.3993 of 2025 the case was posted for arguments. At that stage, the revision petitioner/tenant has filed an application in I.A.No.11 of 2024 in R.C.O.P.No.1 of 2018 under Section 151 CPC to reopen the evidence on the side of the revision petitioner/tenant for adducing further evidence. Upon hearing either side, the Court below, vide order dated 30.08.2024, dismissed the application on the ground that the revision petitioner/tenant has not stated any acceptable reason as to why the proposed witnesses have not been examined at the earliest point of time. The Court below further observed that in order to establish his case, the revision petitioner/tenant had already examined himself as one of the witnesses and marked Ex.R17 with nine photographs and therefore, there is no necessity to reopen the evidence on the side of the revision petitioner/tenant. 3. Aggrieved over the same, the revision petitioner/tenant has preferred the present petition. 4. The learned counsel appearing for the revision petitioner/tenant would submit that the revision petitioner/tenant was cross-examined on 27.03.2024 and thereafter, the case was posted for 3/9 https://www.mhc.tn.gov.in/judis CRP No.3993 of 2025 further evidence, but, on the subsequent date of hearing on 29.04.2024, despite the request of the revision petitioner/tenant, the Court below closed the evidence and only thereafter, the revision petitioner/tenant has filed an application for reopening the evidence. He would further submit that the revision petitioner/tenant is running a provision store in the petition mentioned property for more than twenty years and also paying rent regularly to the respondents/landlords. Further, he would submit that K.M.Kabir and Velusamy are working under the revision petitioner/tenant as labourers in his shop and they are acquainted with the facts of the case and very well know about the vacant shops in the first floor of the petition mentioned property. Therefore, in the interest of justice, it is just and necessary to summon and examine the aforesaid two persons as witnesses on the side of the revision petitioner/tenant. 5. Per contra, the learned counsel appearing for the respondents/landlords would submit that originally R.C.O.P. was filed on 09.01.2018, whereas, the revision petitioner/tenant entered appearance through counsel only on 22.02.2018 and further, the revision petitioner/tenant took time for filing counter from 06.03.2018 to 07.12.2020 i.e. more than 34 months. He would further submit that the 4/9 https://www.mhc.tn.gov.in/judis CRP No.3993 of 2025 revision petitioner/tenant has filed an application in I.A.No.2 of 2021 seeking appointment of Advocate Commissioner and the same was dismissed by the Court below. Further, the revision petitioner/tenant filed I.A.No.3 of 2022 seeking production of certain documents mentioned in the notice and the same was also dismissed by the Court below. Further, he would submit that the revision petitioner/tenant's side evidence was closed as early as on 27.03.2024 and thereafter, the case was posted for further evidence on 05.04.2024 and from 05.04.2024 to 29.04.2024, the revision petitioner/tenant did not come forward to let in any evidence. Further, he would submit that the Court below after considering the materials on record has rightly came to a conclusion that the there is no necessity to reopen the evidence on the side of the revision petitioner/tenant to examine the labourers working under him as witnesses, since he has examined himself and let in evidence and has marked Ex.R17 along with photographs. 6. It is seen from the records that the revision petitioner/tenant had already let in evidence with regard to the vacant shops in the first floor of the petition mentioned property and thereafter, the revision petitioner/tenant intends to examine two persons, who are working under 5/9 https://www.mhc.tn.gov.in/judis CRP No.3993 of 2025 him as labourers, to establish the fact that there are vacant shops in the petition mentioned property. In this regard, the Court below has also observed that the revision petitioner/tenant had already chosen to mark Ex.R17 with photographs and also let in evidence to that effect. 7. In such view of the matter, this Court finds no reason to interfere with the order of the Court below. Hence, this civil revision petition stands dismissed. The Court below shall dispose of R.C.O.P.No.1 of 2018 as expeditiously as possible. No costs. Connected C.M.P. is closed. 08.10.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes; Neutral Citation:Yes/No nsd 6/9 https://www.mhc.tn.gov.in/judis CRP No.3993 of 2025 To The District Munsif, Mettupalayam. 7/9 https://www.mhc.tn.gov.in/judis CRP No.3993 of 2025 M.JOTHIRAMAN J. nsd CRP No.3993 of 2025 8/9 https://www.mhc.tn.gov.in/judis CRP No.3993 of 2025 08.10.2025 9/9 https://www.mhc.tn.gov.in/judis