K APPA RAO Vs. MARAGATHAMMAL

JUDGEMENT

(1.) These petitions have been filed to revise the order of the Appellate Authority functioning under Tamil Nadu Act 18 of 1960, dated 12-3-1979, allowing the appeals filed before him by the respondents herein and dismissing the rent control petitions filed by the petitioner -herein. The rent control petitions were dismissed on the ground that the denial of title of the petitioner by the tenants was bona fide. The resuit of that will be that the petitioner will have to file a suit for the purpose of getting the necessary relief.

(2.) As far as the finding that the denial of title is bona fide is concerned, we are off the opinion that there was abundant -material before the appellate authority on the basis of which it could come to the conclusion that the denial of title was bona fide.

(3.) However, what Mr. Shamdoss, the learned counsel for the petitioner, contends in that the present is not a case, which the second proviso to Section 10(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 will apply. Section 10(1) of the Tamil Nadu Act IS of 1960, along with two provisos, reads as follows