ABDUL RAHAMAN Vs. BASHEER ALAM

JUDGEMENT

(1.) THIS petition has been filed under Section 11(4) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 read with 151, C.P.C. during the pendency of the revision praying to direct the tenants/respondents to pay the arrears of rent to the landlord, failing which further proceedings may be stopped and the respondents be directed to put the landlord in possession of the building.

(2.) LEARNED counsel for the respondents Mr.Raghavachari has taken a preliminary objection as to the maintainability of the petition under Section 11(4) of the Act at the revisional stage. Reliance was placed on the judgment reported in Radha v. R.Govindarajulu, 1978 (91) L.W. 443. In that case the Division Bench held that when a revision under Section 25 of the Act was pending before the High Court, an application under Section 11(4) of the Act directing the tenant to put the landlord in possession on the ground that the tenant had not paid arrears of rent was not maintainable. Therefore, according to the learned counsel, the pronouncement of the Division Bench is clear on the question of maintainability.

(3.) THEREFORE, with the result, having regard to the views expressed by the Division Bench of this Court, the above petition is not maintainable, and the same is dismissed. Post the Revision, on 4.4.2000.