M.K. HAJEE SAHIB Vs. S. MOHAMMED HANEEF

JUDGEMENT

(1.) THE respondent in RCOP No. 4740 of 1983 on the file of the Rent Controller (9th Judge, Court of Small Causes), Madras is the petitioner in this civil revision petition. The petitioner in the said RCOP is the respondent herein. For the sake of convenience the parties are referred to in this order by the nomenclature given to them in the RCOP.

(2.) THE petitioner filed an application under Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, XVIII of 1960, hereinafter called the Act, for eviction of the respondent from the demised premises on the ground of owner's occupation.

(3.) THE Rent Controller accepted the case of the respondent and dismissed RCOP No. 4740 of 1983 on 12.8.1987. On 21.8.1987 the petitioner filed an appeal against the order in RCOP No. 4740 of 1983 before the Appellate Authority with an application to dispense with production of the certified copy of the order in RCOP No. 4740 of 1983. The Appellate Authority dispensed with the production of the certified copy of the order in RCOP No. 4740 of 1983, numbered the appeal as RCA No. 661 of 1987 and ordered notice to the respondent. During the pendency of RCA No. 661 of 1987 before the Appellate Authority, the respondent filed a petition, M.P. No. 702 of 1987 in RCA No. 661 of 1987 requesting the Appellate Authority to dismiss the appeal on the ground that the appeal filed without the certified copy of the order in RCOP No. 4740 of 1983 is incompetent and not maintainable.