C KANNAN Vs. M JEYAKUMARI

JUDGEMENT

(1.) THIS civil revision petition has been preferred against the order passed in M. P. No. 806/2002 in RCA No. 882/2002 on the file of learned Rent Control Appellate Authority, (VIII Judge, Court of Small Causes) Chennai. The said application was filed under Section 11 (4) of the Tamil Nadu Buildings (Lease and Rent Control) Act directing the tenant/appellants to deposit the admitted arrears of rent of Rs. 18,750/- at the rate of rent Rs 150/- per mensum from October 1993 to February 2004.

(2.) THE learned counsel appearing for the revision petitioners would contend that before the trial court in RCOP. No. 2776 of 1995, the defence taken by the tenants is that they are in possession of the petition schedule properpty as the owners of the property and not as a tenants under the respondent/landlord and hence the learned counsel would contend that the order passed by the appellalte authority directing the tenants to deposit the arrears of rent is against the provisions of law. The learned counsel would contend that in an eviction petition filed under Section 11 (4) of the Tamil Nadu Buidlings (Lease and Rent Control) Act, an order directing the tenants to deposit the arrears of rent pending RCA is not maintainable.

(3.) PER contra, the learned counsel appearing for the respondent would contend that the defence taken by the tenants as to the ownership of the land has been negatived by the learned appellate authority, and under such circumstances, the tenants cannot be heard to contend that they have not bound to deposit the arrears of rent in a petition under Section 11 (4) of the said Act.