RAVI RAM Vs. SOMASUNDARAM

JUDGEMENT

(1.) The tenant is the petitioner in this Civil Revision Petition. In an application filed under section 11 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act) by the landlord, the Rent Controller has found that there are huge arrears of rent amounting to Rs. 15,400 and directed the tenant to deposit the said amount to the credit of the proceedings. As against the determination of arrears of rent under section 11 (3) of the Act in M P. No. 560 of 1982 in R. C. O. P. No. 2520 of 1982 the tenant preferred R. C. A. No. 350 of 1982 The appellate authority took up for determination the question as to whether the tenant can file an appeal without complying with the order of the Rent Controller, and after holding that the tenant cannot prefer an appeal without depositing this amount dismissed the appeal as not maintainable. It is as against this order, the present revision has been filed.

(2.) Mr. Selvaraj, learned counsel appeasing for the revision petitioner/tenant contends that for an appeal under section 11(3) of the Act, there is no need to deposit the arrears of rent determined by the Rent Controller. This proposition is, no doubt accepted by Mr.Thulasiraman learned counsel appearing for the respondent / landlord. But the learned counsel submits that the appellate authority has, as a matter of fact, found that such an arrear is due from the tenant. Before adverting to the factual finding of the appellate authority, it is necessary to decide as to whether an appeal can be preferred without depositing the arrears that were found due by the Rent Controller.

(3.) It is clear that the appeal filed before the appellate authority is only as against the order passed under section. 11 (3) of the Act wherein the Rent Controller has decided as to the arrears payable by the tenant Section 11 of the Act reads as follows: