Since the case has already been set to motion referring to the previous rent control act of TN, this will be the basis to decide upon the case and not the new 2021 tenancy act.

Assuming that the tenancy commenced after the effective date of the new Act, your remedy lies only under it.

If you have already filed a rent control original petition based on the previous law in this regard you may not be eligible to withdraw the same and file a fresh petition under the new law in this regard.

In case you want to file a fresh case under new law, it will start from scratch, for that you may have to file a withdrawal petition seeking to withdraw the case with the leave of court to file a fresh petition under the latest laws in this regard. 

Another important factor is that you may have to file the registered rental agreement between you and the tenant, because under the latest act, it clearly states tht such petitions can be entertained only if the rental agreement has been executed by a registered document.

In case of a fresh case, you cannot expect a quicker disposal, it will also undergo the same process as per procedures of court.   

Therefore it is advisable that you better continue with existing case itself.

It would not be applicable in your case

rent act of your state TN would be applicable 

- The New Model Tenancy Act, 2021 is implemented for establishing  a speedy adjudication mechanism for dispute resolution pertaining to  regulate renting of premises, and protect interests of landlords and tenants.

- Hence, an application can be moved in the said court for treating the said filed petition under the new model Act , and thereby request for a prompt disposal of the case. 

Yes you can evict him