RAMA IYER Vs. LAKSHMI AMMAL

JUDGEMENT

(1.) The short question that falls to be decided in this revision is whether an order under S.11(12) of the Buildings (Lease and Rent Control) Act (the Act) is appealable under S.18.

(2.) The relevant facts are the following.The respondent who is the landlord obtained an order for evicting the petitioner-tenant from a residential building under S.11(3) on the ground that she bona fide needed it for her own occupation. This order was confirmed on appeal and revision and by the revisional court the petitioner was given 2 months' time from June 9, 1975 to vacate and put the respondent in possession of the building. On August 11, 1975 the petitioner handed the keys of the building to the respondent's advocate. On October 11, 1975 he filed the application out of which the revision arises, under S.11(12) for restoration of possession of the building alleging that the respondent occupied it only on October 11, 1975, which was not within one month after she obtained possession and that she had thereby violated the sub-section. S.11(12) so far as material reads:

(3.) From this order the petitioner preferred an appeal to the Subordinate Judge under S.18 but the appeal was returned for presentation to the proper court in the view that the order was in execution proceedings and was not therefore subject to appeal. The petitioner did not challenge this order but filed an appeal in the District Court from the order of the Rent Control Court. Upholding the respondent's preliminary objection the District Judge dismissed the appeal as not maintainable by the order which is the subject of the revision.